From a list of 32 countries, the ILO Committee on Freedom of Association designated five countries as the most serious and urgent cases as regards respect for freedom of association, collective bargaining and social dialogue. They are Argentina, Cambodia, Ethiopia, Fiji and Peru. What does the committee expect these countries to do?
Yves Veyrier: Action must be taken as a matter of urgency, as these cases are both urgent and very serious. We expect an immediate response from the governments concerned, in the form of redress for the trade unionists affected by serious attacks on their trade union freedoms, up to and including physical attacks. So the governments must act before it’s too late, as witness the case of Cambodia where three trade unionists have been murdered. Once it’s too late, as in that country, serious independent investigations must be launched to find the perpetrators and bring them to book. Because justice must be done in the wake of these murders and people over there must understand that attacks on trade unionists will not go unpunished. That’s one way of preventing acts of aggression of this kind.
In the cases of Peru and Argentina, where rather serious physical violence is going on, we expect investigations to be conducted rapidly so that penalties can be applied.
In Ethiopia, the issue is the official registration of the Ethiopian Teachers’ Association (ETA), and the committee hopes that the authorities concerned will register the ETA, in order to fully guarantee public service workers’ rights, including those of teachers in publicly-run schools.
As for Fiji, it is a case that has been going on for several years now and has received a lot of media attention, in the context of a military coup and threats to trade union rights. Recently, trade unionists were detained by the government of Fiji, but they were released again after ILO pressure had been brought to bear via other countries. To date, very little progress has been made in Fiji and an ILO direct contacts mission that went there was expelled by the government. So we expect the government of Fiji to start behaving differently and let an ILO mission visit the country in line with the mandate given by the Governing Body.
In its report, the Committee mentions some cases of progress, notably the reinstatement of the 50 workers who were fired in Colombia for exercising their freedom of association. In your view, what impact does the Committee on Freedom of Association have on the protection of trade union rights?
Yves Veyrier: The committee’s report is not always one of the most agreeable moments during Governing Body meetings, because it examines violations of trade union rights and some of the cases are very serious. But in fact, it is also a means of getting trade unionists’ rights back, so that they can conduct their activities without hindrance. And we do achieve important results and progress. If a trade unionist is free to act, if a trade union can be set up, if good faith bargaining can take place within a firm, then those are the right conditions for social justice and more stable economic development. In my report, I have highlighted some examples of progress, such as the case of a union in Algeria that spent 10 years seeking registration and finally obtained it. And then there are the workers and trade unionists in Colombia who have been reinstated after being dismissed way back in 2004. So even if it sometimes takes a very long time, positive results can be achieved. On other cases, we are still awaiting responses from the governments concerned. They should follow our recommendations and conclusions so that progress can be made.
Generally speaking, as regards using the committee and its procedures, what would be your message to trade unions and workers who are looking to protect their rights?
Yves Veyrier: One thing is that action should always be taken at the national level to try and achieve the fastest possible resolution of cases of petty discrimination and breaches of union rights. Because if they are not dealt with quickly, the risk is that they will get more serious over time. If no solution can be found at the national level, advice and support should be sought from the ILO via its regional offices. Trade unionists can also contact the International Trade Union Confederation (ITUC), which has specially trained legal assistance teams and can launch immediate solidarity action for the union if it believes that to be necessary. And then, if there is still no progress, the ILO should be asked for advice on lodging a complaint with the Committee on freedom of association. If it is an urgent matter, the ILO should be alerted and the committee will look into the situation.
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