Introduction

1. The Committee on Freedom of Association, set up by the Governing Body at its 117th Session (November 1951), met at the International Labour Office, Geneva, on 6 and 10 November 1987 under the chairmanship of Mr. Roberto Ago, former Chairman of the Governing Body.

2. The members of the Committee of Argentinian and Venezuelan nationality were not present during the examination of the cases relating to Argentina (Case No. 1409) and Venezuela (Case No. 1412), nor was one Employer member who was co-signatory to the complaint relating to Panama (Case No. 1419) submitted by the International Organisation of Employers (IOE) during the examination of that case. The member of the Committee of Australian nationality was not present during the discussion of a procedural question concerning Case No. 1415 (Australia).

3. The Committee is currently seized of 63 cases in which the complaints have been submitted to the governments concerned for observations. At its present meeting it examined 17 cases in substance, reaching definitive conclusions in 9 cases and interim conclusions in 8 cases; the remaining cases were adjourned for the various reasons set out in the following paragraphs.

Withdrawal of a complaint

4. As regards Case No. 1373 (Belgium) the Belgian Federation of Automobile and Cycle Industries, the complainant organisation, in a communication dated 3 November 1987 stated that it was withdrawing its complaint. In the particular circumstances of this case the Committee decided not to pursue its examination of the matter.

New cases

5. The Committee adjourned until its next meeting the cases relating to Zambia (Case No. 1406), Liberia (Case No. 1410), Bahrain (Case No. 1413), Israel (Case No. 1414), Brazil (Cases Nos. 1417 and 1427), Denmark (Case No. 1421), Côte d'Ivoire (Case No. 1423), Portugal (Case No. 1424), Philippines (Case No. 1426), India (Case No. 1428), Colombia (Case No. 1429) and Canada/British Columbia (Case No. 1430) concerning which it is awaiting information or observations from the governments concerned. All these cases relate to complaints submitted since the last meeting of the Committee.

Further adjournments

6. The Committee still awaits observations or information from the governments concerned in the cases relating to the Dominican Republic (Case No. 1393) and Burkina Faso (Case No. 1405). The Committee again adjourned these cases and requests the governments of these countries to transmit the information or observations requested.

7. As regards Cases Nos. 1391 (United Kingdom), 1408 (Venezuela), 1411 (Ecuador), 1416 (United States), 1418 (Denmark) and 1422 (Colombia) the Committee has received the Government's observations and intends to examine these cases in substance at its next meeting.

8. As regards Cases Nos. 1168 and 1273 (El Salvador), 1395 (Costa Rica) and 1420 (United States), the governments concerned have indicated in communications that their observations on these cases will be transmitted in the near future.

9. The Committee adjourns its examination of Cases Nos. 997, 999 and 1029 (Turkey), 1362 and 1399 (Spain) and 1392 (Venezuela) in respect of which the governments concerned have sent partial replies and/or have indicated that they will send more complete observations shortly.

10. As regards Cases Nos. 1129, 1298, 1344, 1351 and 1372 (Nicaragua), the Committee notes that several Employer delegates to the 73rd Session of the International Labour Conference (1987) presented a complaint under article 26 of the Constitution of the ILO, concerning in particular the observance by Nicaragua of Conventions Nos. 87 and 98. In these circumstances, and in accordance with its usual practice, the Committee decides to adjourn its examination of these cases - for most of which the Government's replies have already been received - to await the Governing Body's decision concerning the action to be taken on the complaint under article 26 of the Constitution.

11. As regards Case No. 1385 (New Zealand) which the Committee adjourned at its May 1987 meeting (see 251st Report, para. 10) to await the Government's observations, the Government, in a communication dated 13 October 1987, states that the legislation which is the subject of the complaint - the Labour Relations Act - came into force on 1 August 1987. According to the Government, priority is now being given to the task of replying to the complaint, but resource constraints and other conflicting priorities mean that its observations are unlikely to be available for the Committee's November meeting. The Committee takes note of this information and requests the Government to reply in time to this complaint, which dates from 20 October 1986, so that the Committee will be in a position to examine the substance of it at its next meeting.

12. As regards Case No. 1397 (Argentina), the General Confederation of Labour (CGT) presented a complaint dated 9 March 1987 alleging that the Government has still not repealed Acts Nos. 21307 of 1976 on wage fixing and 22105 of 1979 on occupational associations of workers which had been adopted by the military authorities when they were in power. According to the CGT, the numerous restrictions on freedom of association and collective bargaining contained in these Acts are still in force. In a communication dated 29 September 1987, the Government states that the CGT's allegations are out of date since a package of social legislation (in particular concerning occupational associations of workers and collective labour agreements) has been presented to Parliament and has already been approved by the Chamber of Deputies. It states that the CGT took part in the preparation of this draft legislation. Consequently, the Government requests that this matter be closed. The Committee takes note of this information and requests the Government to inform it of the final adoption of the draft legislation.

13. As regards Case No. 1403 (Uruguay), the Government sent certain observations in a letter dated 8 October 1987. The Government states that the Ministry of Labour and Social Security has decided to designate an investigatory commission to determine the veracity of the allegations made in this case concerning anti-union practices. Once its report has been produced the Committee will be informed of its conclusions and of any measures adopted. The Committee takes note of this information and hopes that it will have, as soon as possible, detailed replies to the allegations so as to be able to examine the case in full knowledge of the facts.

14. The Governments' replies have been received in Cases Nos. 1404 (Uruguay) and 1407 (Mexico). Since both Governments have raised questions concerning the receivability of the complaints, the Office has transmitted their arguments to the respective complainant organisations with a request for their comments on this matter. The Committee consequently adjourns its examination of these matters to await receipt of the comments of the complainant organisations.

15. As regards the case concerning Australia (Case No. 1415), involving a complaint submitted by the Customs Officers' Association of Australia (COAA), the Committee took note of a communication dated 27 October 1987 containing a request from the Administrative and Clerical Officers' Association (ACOA), which is not a complainant, to supply submissions to the Committee on the case. The Committee considered that, in accordance with its usual procedure, it could only take account, in its examination of the case, of communications transmitted by the complainant organisation and of those submitted by, or through, the government concerned. It accordingly decided to inform the ACOA that its submissions could only be taken into account if they are transmitted by, or through the complainant organisation or the government concerned.

16. As regards Case No. 1425 (Fiji) the Government, in response to complaints transmitted to it, has, just prior to the meeting of the Committee, supplied information to the effect that all the trade unionists mentioned in the complaints as having been arrested have now been released, that all trade union premises that were closed are now functioning and that, generally, no restrictions exist as regards the pursuance of normal trade union activities. In taking note of this information the Committee would request the Government to keep it informed of further developments in the situation so as to enable it to examine this case in substance at its next meeting.

URGENT APPEALS

17. As regards Case No. 1341 (Paraguay), which the Committee examined at its May 1987 meeting (see 251st Report, paras. 399-416), it expressed its grave concern that, despite the time which had elapsed since the presentation of the complaint and despite the seriousness of the complainant's allegations (the detention of several named trade union leaders and unionists), the Government had only replied to a small number of allegations. The Committee accordingly urged the Government to supply its detailed observations on the complaint. No reply has been received from the Government. As regards Case No. 1396 (Haiti) in which the complaint, submitted on 5 November 1986, raised extremely serious questions, in particular, concerning the arrest of trade union leaders, the suspension by administrative authority of the activities of the Autonomous Confederation of Haitian Workers (CATH) and the violent death of trade unionists, the Committee notes that the observations requested on a number of occasions from the Government have not been received. The Committee would draw the attention of these Governments to the fact that, in accordance with the procedural rules set out in paragraph 17 of the Committee's 127th Report approved by the Governing Body, it will present a report at its next meeting on the substance of these cases even if the observations requested from the Government have not been received in time. The Committee accordingly requests the Governments of Paraguay and Haiti to transmit their observations as a matter of urgency.

18. The Committee draws the legislative aspects of the following cases to the attention of the Committee of Experts on the Application of Conventions and Recommendations: Cases Nos. 1383 (Pakistan) and 1409 (Argentina).

Effect given to the recommendations of the Committee and of the Governing Body

19. As regards Cases Nos. 988 and 1003 (Sri Lanka) concerning which the Government has been supplying information on the reinstatement of dismissed workers, the Committee had also asked the Government to send information on the final decision in the High Court proceedings against five trade unionists (see 251st Report, para 15). In a communication dated 28 September 1987, the Government states that the High Court case against 12 persons (including the five trade unionists) is proceeding. They have been indicted on 14 counts under the Penal Code and Offensive Weapons Act with being members of an unlawful assembly along with persons unknown to the prosecution, causing damage to property with bombs, intentionally causing injuries to passengers in buses using clubs and stones and defying an order to disperse issued by the lawful authorities. A further hearing in the case has been fixed for 12 November 1987 and the Government undertakes to keep the Committee informed of progress in the case. The Committee takes note of this information and trusts that it will receive information on the final outcome of this case.

20. As regards Case No. 1016 (El Salvador), the Committee had requested the Government to supply information on developments in the trial concerning the murder of the United States trade unionists, Mark Pearlman and Michael Hammer. In a communication dated 16 June 1987, the Government states that the Criminal Chamber of the Supreme Court of Justice has declared irreceivable the appeal brought by the criminals, José Dimas Valle and Santiago Gómez González, convicted of the crime of aggravated homicide of the two trade unionists referred to above. The Committee takes note of this information and requests the Government to indicate whether the decision convicting Messrs. Dimas and Gómez González is now final and confirmed, and to specify the sentences handed down on each guilty party.

21. As regards Case No. 1250 (Belgium), the Committee reached definitive conclusions at its May 1987 meeting (see 251st Report, paras. 27-78) and the Government, in a communication dated 24 July 1987 relating to the allegations presented by the Independent Railwaymen's Union (SIC), sent a note from the National Belgium Railways Company (SNCB), which is implicated in this matter. According to the SNCB, the SIC has incorrectly complained that the current Railways Regulations are incompatible with the Act of 24 May 1921 which guarantees freedom of association and respect for Convention No. 87. The SNCB acknowledges that under section 23 of the Act of 23 July 1926, a Joint National Committee was set up in the SNCB to deal with questions which could directly or indirectly concern the staff and that this committee is composed, on the workers' side, of representatives designated by the staff associations recognised by the SNCB. It also acknowledges that the SIC is not one of them, but it explains that it would not meet the recognition requirements so that it could not purport to be a staff association recognised within the SNCB. The SNCB states, however, that this does not infringe on the right of every member of that organisation, like every member of staff, to help an employee during consideration of a complaint or an individual question. Moreover, the advantages granted to an employee who assists another worker would be the same for a delegate from a recognised organisation as for a member of staff who did not have this function but who was a member of an unrecognised union (e.g. time off, free transport). The SNCB also confirms that no employee has ever been the subject of pressure or threats from it because of his or her membership of any particular trade union. In a communication received on 19 October 1987, the SIC recognises that it is a trade union covering less than 10 per cent of the workers, but it emphasises the anti-union acts of the SNCB against it, in particular a ban on bill posting addressed to it. The Committee takes note of this information. It would recall the importance of the principles of freedom of association in this respect, in particular that the non-recognition of the status of a recognised trade union organisation should not jeopardise - for the union concerned and not only for the individual members of that organisation who are considered to be merely employees - the right of minority organisations to represent the individual claims of their own members. It also recalls, as in an earlier case, that the Government should ensure the protection of the activities which a workers' association, even a minority one, should be able to carry out so as to be able to promote and defend the interests of its members, in accordance with Convention No. 87 (see Case No. 1318 (FRG), paras. 339 and 340).

22. As regards Case No. 1261 (United Kingdom) concerning the right to organise of workers at the General Communications Headquarters (GCHQ) the Government had indicated that it would submit a reply when the conclusions of all relevant proceedings before the European Commission on Human Rights were available. The Committee notes from a communication addressed to it by the Government, dated 20 October 1987, that various applications by individual workers at GCHQ to the European Commission on Human Rights have been declared inadmissible or struck off the Commission's list, and that the Government is not aware of any further applications to the Commission relating to employment at GCHQ. Recalling its conclusions and recommendations in this case (see 234th Report of the Committee, paras. 343-371), the Committee would once again urge the Government to inform it of the measures it has taken, or intends to take, to pursue negotiations with the civil servants' unions involved with a view to restoring to the civil servants concerned the rights of freedom of association to which they are entitled under international instruments.

23. As regards Case No. 1266 (Burkina Faso), the Committee notes the information contained in a communication, dated 5 November 1987, addressed to it by the complainant, the World Confederation of Organisations of the Teaching Profession (WCOTP) concerning a communiqué No. 5 published by the new Government the text of which indicates: (1) that all teachers dismissed in 1984 for strike action are reinstated in their original posts; (2) that the sanctions imposed on all public servants who were suspended have been lifted; (3) all political prisoners and those held under administrative detention have been released. The WCOTP states that the Secretary-General of the former SNEA-HV, Mr. Jean Bila, has been released. The Committee requests the Government to confirm this information and, in particular, to supply detailed information on the reinstatement of dismissed teachers.

24. As regards Case No. 1279 (Portugal), the Committee, at its February 1985 meeting (see 238th Report, paras. 119-140), pointed out that civilian workers in the manufacturing establishments of the armed forces should have the right to establish organisations of their own choosing without previous authorisation in conformity with Convention No. 87, ratified by Portugal. In a communication dated 6 July 1987 the Government states that proceedings are still before the Supreme Administrative Court. The Committee takes note of this information. It would recall that the original complaint in this matter was presented on 2 May 1984 and expresses the firm hope that civilian workers in the manufacturing establishments of the armed forces will very shortly be able to enjoy the freedom of association to which they are entitled under Convention No. 87.

25. The Committee examined Case No. 1343 (Colombia) at its May 1987 meeting (see 251st Report, paras. 323-333) and requested the Government to keep it informed of the results of the proceedings concerning the death or disappearance of trade unionists or assaults on them, and of the outcome of the proceedings instituted for the reinstatement of three trade unionists dismissed from the Vianini Entrecanales enterprise for having participated in a "civil work stoppage" on 20 June 1985. In a communication dated 9 September 1987, the Government states that the Judge of the Fifth Circuit Labour Court at Bogotá handed down a sentence according to which Mr. R.M. Mendoza Aguilar's possibility of bringing suit against the dismissal order under the Code of Labour Procedures was ruled out since the two-month time limit had elapsed. As for the proceedings into the death of several trade unionists, the Government states that: the judge ordered a definitive stay of proceedings against the person charged with the murder of Jaime Berrío Cardona; investigations into the death of Jorge Leonel Roldán Posada are still under way as it has not been possible to identify the author of the crime; the judicial authorities are continuing normally their inquiries into the deaths of Héctor Perdomo Soto and José Diomedes Cedeño; as for the death of Rubén Darío Castaño Jurado, the judge of the First Higher Court of Manizales has ordered the arrest and trial of Herman Londoño Vergara for this crime, but despite widespread efforts it has not been possible to capture him; investigations are continuing into the death of Javier Sanabria Murcia. As regards the death of Hernando Yate Bonilla, the Government states that although it has not yet been possible to charge anyone with this crime, the matter is before the Criminal Investigating Court of Granada for continuing inquiries. In a subsequent communication of 21 October 1987, the Government sends further information in relation to the disappearance of Oliverio Hernández Leal, Ignacio Soto Bedoya, and José Aldemar Cardona according to which the relevant investigation is continuing although the whereabouts of these persons have not yet been ascertained. As for the death of Jorge Luis Ospina Cogollo and Oscar Salazar Ospina, it explains that the proceedings have been temporarily closed since one year has passed without charges being brought against anyone, but inquiries are continuing. As regards the injuries allegedly suffered by Heriberto Ramírez, the Government states that despite the statements collected from the majority of his workmates and friends, no one has been able to indicate his actual address, which is an indispensible factor for clarifying the facts. As for the death of Dionisio Hernán Calderón, the case was before the Criminal Investigating Court and is awaiting clarification as to which legal office was in charge of inquiries after which details on its development will be requested. Finally, the Government states that it is awaiting information on the dismissal of Pedro Antonio Rodríguez and the deaths of Francisco Javier Correa Muñoz, Herbert Lascarro, Celso Paternina and Jesús López for transmission to the ILO. The Government makes the point that in all these proceedings the judge's task of clarifying the circumstances surrounding the crimes is continuing and that use will be made of every possible measure to ensure that justice is done. The Committee takes note of this detailed information and requests the Government to continue to send information on developments in the proceedings and investigations under way.

26. As regards Case No. 1354 (Greece), certain complainants, namely the Labour Centres of Athens and Salonika, recall, in a communication dated 1 April 1987, the inter-union dispute occurring in the country since 1985 and the strict economic measures adopted by the authorities for the two-year period ending 1987. They again accuse the Government and the courts of interference in trade union affairs explaining that strikes have been banned in an authoritarian way by the Government relying on biased judicial decisions. In a communication dated 29 June 1987, the Government observes that these allegations merely repeat those presented to the Committee on Freedom of Association, concerning which the Committee has already noted the Government's observations (see 248th Report, para. 20, approved by the Governing Body in March 1987). The Government nevertheless once again denies the allegations of interference in judicial decisions and again affirms that the Greek judiciary is independent. It reiterates its observations on Decision No. 35 of 1986 of the Salonika Court of Appeal which held that the Order of 18 October 1985 on measures to protect the national economy, enacted as Act No. 1584 of 1986, conformed with the Constitution and which decided, inter alia, that the strike calling for wage increases beyond the limits fixed by the Government's economic policy were illegal. The court decisions handed down subsequently followed the jurisprudence set by the upper court. In addition, the Council of State, sitting in plenary session, also considered (in Decision No. 2889 of 1987) that the Order in question was in conformity with the Constitution. Finally, the Government states that the Executive Committee of the General Confederation of Workers of Greece (CGTG) decided to hold the 24th Panhellenic Congress on 24 and 25 October 1987, and it expresses the hope that this initiative by the CGTG administration to call a congress two years before the expiry of its mandate will provide the opportunity for constructive dialogue involving the whole of the trade union movement and will contribute to eliminating the disagreement which gave rise to the crisis within the CGTG. The Committee takes note of this information and expresses the firm hope that with the expiry of the measures to protect the national economy at the end of 1987, wages will henceforth be determined by free and voluntary collective bargaining between the parties. It requests the Government to confirm that these measures have come to a close as provided by Act No. 1584, and to indicate the measures taken to enable the negotiation of wages to resume in a manner free from interference by the public authorities.

27. Finally, as regards Cases Nos. 1054 and 1282 (Morocco), 1074 and 1130 (United States), 1157, 1192 and 1353 (Philippines), 1258 (El Salvador), 1330 (Guyana), 1332 (Pakistan), 1350 (Canada/BC) and 1377 (Brazil), the Committee again requests these governments to keep it informed of developments in these various matters. The Committee hopes that these governments will communicate the information requested at an early date.