E/C.12/CRI/CO/5
sector and to ensure that they are covered by labour legislation and that they have
access to social protection;
(b)
Systematically include the informal sector of the economy in labour
inspections and the National Occupational Health Policy.
32.
In this connection, the Committee draws the attention of the State party to its
general comments No. 18 (2005) on the right to work, No. 19 (2009) on the right to
social security and No. 23 (2016) on the right to just and favourable conditions of
work, as well as its statement on social protection floors: an essential element of the
right to social security and of the sustainable development goals (2015)
(E/C.12/2015/1).
Trade union rights
33.
The Committee finds it regrettable that, despite its previous recommendation (see
E/C.12/CRI/CO/4, para. 41), the State party has not yet enacted the bill to amend article 60
of the Constitution that would remove the prohibition on foreigners from holding leadership
posts in trade unions. The Committee is further concerned about reports regarding
restrictions on the right to collective bargaining in the public sector and the lack of
information provided on the measures taken to address violations of trade union rights,
including threats against trade union leaders and members (art. 8).
34.
In the light of its previous recommendation (see E/C.12/CRI/CO/4, para. 41),
the Committee urges the State party to:
(a)
Expedite the adoption of the proposed amendment to article 60 of the
Constitution;
(b)
Ensure respect for the trade union rights of all workers in both the
private and public sectors, in accordance with article 8 of the Covenant and with the
provisions of the ILO Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) and the ILO Right to Organise and Collective Bargaining
Convention, 1949 (No. 98);
(c)
Establish effective mechanisms for the protection of union rights,
including by effectively investigating all complaints brought to its attention and the
payment of adequate compensation to the workers concerned.
Social security
35.
While the Committee welcomes the broad coverage provided by the social security
system in the State party, it is concerned that the most disadvantaged and marginalized
groups remain outside the social protection system and that they experience difficulties in
gaining access to the non-contributory scheme (art. 9).
36.
The Committee urges the State party to intensify its efforts to ensure universal
social security coverage and appropriate benefits for all persons, including those from
the most disadvantaged and marginalized groups so that they may enjoy a decent
standard of living and to redouble its efforts to set a social protection floor that
includes basic social security guarantees. The Committee also recommends that the
State party review the procedures for the allocation of non-contributory pensions so
as to avoid errors and reduce waiting times for beneficiaries who depend on those
pensions as their sole source of income. The Committee draws the attention of the
State party to its general comment No. 19 (2008) and its statement on social protection
floors: an essential element of the right to social security and of the sustainable
development goals (2015).
6
GE.16-18309