Gambia

In its previous comments, the Committee had noted that section 140(1) of the Labour Act defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee recalled that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other public services which are of fundamental importance rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraph 131), and the Committee had therefore requested the Government to indicate the measures taken or envisaged in this regard. The Committee had previously noted with concern the Government’s statement that the definition of essential services remained the same and that there was no prescribed procedure designating a particular service as essential, while indicating that the Labour Act had already been reviewed and was being finalized by the Ministry of Justice. The Committee notes that in its supplementary report the Government indicates that, in its view, radio services are essential because they allow access to timely information, which could be lifesaving, particularly during the current pandemic, in which people living in rural areas rely on information broadcast on the radio for following the safety precautions set by the Ministry of Health. While acknowledging the Government’s concerns, the Committee recalls that, rather than imposing an outright ban on strikes, concerns to ensure that such basic informational needs are met can be addressed through a system of minimum services (see the 2012 General Survey on the fundamental Conventions, paragraph 136). The Committee therefore reiterates its request to review the list of essential services in light of the foregoing, as part of the ongoing review of the Labour Act and firmly hopes that the Government will make every effort to take the necessary action in the near future.