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 15, 16 and 19 February 1988 under the chairmanship of Mr. Roberto Ago, former Chairman of the Governing Body.

2. The members of the Committee of Venezuelan and Australian nationality were not present during the examination of the cases relating to Venezuela (Case No. 1392) and Australia (Case No. 1415).

3. The Committee is currently seized of 55 cases in which the complaints have been submitted to the governments concerned for observations. At its present meeting it examined 28 cases in substance, reaching definitive conclusions in 16 cases and interim conclusions in 12 cases; the remaining cases were adjourned for the various reasons set out in the following paragraphs.

New cases

4. The Committee adjourned until its next meeting the cases relating to Indonesia (Case No. 1431) and Peru (Case No. 1432) concerning which it is still awaiting information or observations from the governments concerned. All these cases relate to complaints submitted since the last meeting of the Committee.

Subsequent adjournments

5. The Committee awaits observations or information from the governments concerned in the cases relating to Liberia (Case No. 1410) and Israel (Case No. 1414). The Committee again adjourned these cases and requests the governments of these countries to transmit the information or observations requested.

6. As regards Cases Nos. 1385 (New Zealand), 1397 (Argentina) and 1402 (Czechoslovakia), the Governments have indicated that their observations will be sent shortly. In Cases Nos. 1420 (United States/Puerto Rico) and 1428 (India), the Governments concerned have sent certain information and have indicated that they will send further observations as soon as possible. Concerning Case No. 1421 (Denmark), the Government had sent its observations but, as the complainant transmitted certain comments, additional observations from the Government are awaited.

7. As regards Cases Nos. 1337 (Nepal), 1395 (Costa Rica), 1408 and 1412 (Venezuela), 1419 (Panama) and 1430 (Canada/British Columbia), the Committee has received the Governments' observations and intends to examine these cases in substance at its next meeting. As for Case No. 1391 (United Kingdom), the Committee will examine it at its next meeting in the light of the comments of the Committee of Experts on the Appplication of Conventions and Recommendations.

8. As regards Cases Nos. 997, 999 and 1029 (Turkey), in a communication of 7 January 1988, the Government states that due to the important political events which have taken place in Turkey during 1987 (referendum on the repeal of transitory article 4 of the Constitution restricting the political activities of certain persons, general elections and the formation of a new government), the examination of the labour legislation has been temporarily interrupted. Nevertheless, states the Government, a series of consultations between the social partners is drawing to a close and it will do its utmost to send its observations before the next meeting of the Committee. The Committee awaits receipt of the detailed observations referred to by the Government.

9. As regards Case No. 1429 (Colombia), in a communication dated 3 February 1988 the Government states that for it to be able to complete its observations on the case, the Workers' Trade Union of Olivetti Colombia Ltd. should sent additional information, in particular more detail in relation to the allegations in its complaint. To this end the ILO sent an extract of the Government's communication to the complainant organisation and the Committee decided to adjourn its examination of the case.

Irreceivable complaints

10. As regards Case No. 1404 (Uruguay), relating to a complaint presented by the Payareros Workers' Union (UTP), the Committee notes that a government communication of 28 September 1987 had objected to the receivability of the complaint. The Government relied on the fact that at the date when the complaint was submitted (10 April 1987), Mr. Nelson Saldivia was not a representative of the UTP and that, even if the letter containing the complaint was on UTP letterheaded paper, the present address of the UTP had been scored out and replaced by a post box number. In accordance with the procedure in force, the Government's comments on the receivability of the complaint were sent to Mr. N. Saldivia so that he might make any comment he considered pertinent. Under the Committee's procedures, the receivability of complaints depends, in particular, on their being duly signed by a representative of a body entitled to present them. The Committee has not received any comment from the UTP or Mr. Saldivia, and on the basis of the documents submitted by the Government it has been proven that the signatory to the complaint was not, at the date of the letter, a UTP representative. In these circumstances, the Committee decides that Mr. Nelson Saldivia submitted the complaint in an individual capacity, without being a representative of the UTP, and that consequently the complaint is irreceivable.

11. As for Case No. 1407 (Mexico), relating to a complaint presented by the Authentic Labour Front and the Committee for Trade Union Dialogue, the Committee notes that government communications of 23 June, 5 August and 16 December 1987 replied on the substance of the case (ban on strike action in the Central Light and Power Company), but objected to the receivability of the complaint on the basis that the Authentic Labour Front and the Committee for Trade Union Dialogue were not registered as occupational organisations and therefore had no legal existence. On the other hand, the Government argues that these organisations had no direct interest in the events complained of since at best it was the Mexican Electrical Workers' Union (SME) which had been involved. In accordance with the procedure in force, the Government's observations were transmitted to the complainants with a request that they send as soon as possible the maximum amount of information on both organisations and on their relationship with the Mexican Electrical Workers' Union. Under the Committee's procedure, complaints are receivable if presented by a national organisation directly interested in the matter, and the Committee has full freedom to decide whether an organisation may be deemed to be an occupational organisation and is not bound by any national definition of the term. In the present case, the Committee is unable to determine whether the complainant organisations have a direct interest in the matter since neither has replied to its two requests for information. In addition, there are no indications that the SME is affiliated to or authorised either the Authentic Labour Front or the Committee for Trade Union Dialogue to present the complaint. In these circumstances, the Committee decides that the complaint is irreceivable.

12. As regards Case No. 1405 (Burkina Faso), in a communication of 21 April 1987 the Trade Union Confederation of Burkina Faso (CSB) had criticised the new regulations affecting public officials published in Zatu No. AN IV 011 BIS CNR-TRAV of 25 October 1986, which entered into force on 1 January 1987 and which allegedly infringed the freedom of association of public officials. In addition, it had alleged the detention of several CSB leaders. Subsequently, in a letter of 25 January 1988, the new Government of Burkina Faso states that by virtue of Communiqué No. 5 of the Popular Front - transmitted to the ILO in December 1987 - all political prisoners and persons under administrative detention have been released and consequently there are no trade union leaders presently in detention. In addition, the Government states that in his Message to the Nation on 31 December 1987 the Head of State indicated that the Zatu of 25 October 1986 on the general regulation of public officials would be revised. The Committee takes note of this information on the release of the trade unionists with interest. It would nevertheless draw the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspect of this case.

URGENT APPEALS

13. As regards Cases Nos. 1168 and 1273 (El Salvador), 1423 (Côte d'Ivoire) and 1426 (Philippines), the Committee observes that, despite the time which had elapsed since the presentation of these complaints and despite the seriousness of the allegations involved, the Governments have not transmitted their observations or information which had been requested from them. The Committee draws 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 to transmit their observations as a matter of urgency.

14. 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), 1393 (Dominican Republic) 1405 (Burkina Faso), 1418 (Denmark).

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

15. As regards Case No. 1074 (United States), the Committee had requested the Government to continue to inform it of the outcome of the appeals pending before various appeal bodies against the dismissals of air traffic controllers after a strike in 1981. In a communication of 28 January 1988, the Government indicates that, as at 1 January 1988, 460 reinstatements had been ordered and that, following the issuance of the "lead case" decision in May 1984, 3,378 controllers had renewed their appeals, two of which were still pending. The Committee takes note of the information provided by the Government.

16. As regards Case No. 1130 (United States), in a communication dated 18 December 1987, the Government provides the following information concerning the collective bargaining rights of Senate restaurant employees: no new legislation has been introduced thus far during the 100th Congress in an effort to bring Congressional employees within the scope of the National Labor Relations Act; the Executive Branch of Government has specifically brought the Committee's recommendations to the attention of the Architect of the Capitol and will advise the ILO of any developments in this matter. The Committee takes note of this information.

17. As regards Case No. 1174 (Portugal), which the Committee examined in November 1983 (see 230th Report, paras. 172 to 221), the Trade Unions International of Food, Tobacco, Hotel and Allied Industries' Workers (WFTU), stated in a communication dated 30 December 1987 that the Federation of Unions of Workers in the Food, Beverage and Tobacco Industries, affiliated to the General Confederation of Portuguese Workers (CGTP-IN), had presented to the Portuguese Government in December 1983 an order regulating work in the baking industry, but that order was yet to be adopted. The Committee requests the Government to supply its observations on this matter.

18. In Case No. 1266 (Burkina Faso), the Committee had requested to be kept informed of the reinstatement of the teachers dismissed following the 1984 strike and of the release of the Secretary-General of the former SNEA-HV, Jean Bila (see 253rd Report, para. 23). In a communication of December 1987, the Government provides a copy of Communiqué No. 5 of the Popular Front published in the "Sidwava" No. 879 of 19 October 1987 which provides for the reintegration in their previous posts of all the teachers dismissed in 1984 for having taken part in strikes, the lifting of sanctions which had been imposed on suspended public employees and the release of all political prisoners and persons interned on administrative grounds. The Government also supplies a copy of the staff lists of teaching establishments in the different provinces and the capital covering almost 300 teachers dismissed for striking, and reinstated by virtue of Communiqué No. 5, including the position of Jean Bila, which was published in "Sidwava" No. 889 of 30 October 1987. The World Confederation of Organisations of the Teaching Profession (WCOTP) - one of the complainants in this case - asks that the case be closed in a communication dated 14 January 1988. The Committee takes note with satisfaction of the information communicated by the Government, in particular the reinstatement of dismissed teachers, the release of the Secretary-General of the union which was the complainant in this matter and his reinstatement in his teaching post.

19. As regards Case No. 1282 (Morocco), the Committee had requested the Government to send it a copy of the judgement handed down in the appeal brought in 1985 by the workers dismissed after a strike in January and February 1984 in the Moroccan company Vincent Computers in Mohammedia. In a communication of 10 December 1987, the Government states that both the employers and workers had lodged appeals against the sentence handed down by the Court of First Instance, and the Appeals Court had suspended the sentence but had not as yet been able to study the substance of the matter. The Committee takes note of this information and asks the Government to inform it of the decision to be taken by the Appeals Court and whether the dismissed workers have been reinstated in their jobs.

20. As regards Case No. 1327 (Tunisia), examined by the Committee at its May 1987 meeting, the Government was asked to keep the Committee informed of the measures taken to reinstate the workers who had been dismissed following a strike, as well as of any act of amnesty which might be taken in favour of the trade union leader, Mr. Habib Achour. In a communication dated 11 November 1987, the Government states that it has cancelled the order placing Mr. Achour under house arrest. In a further communication dated 16 November 1987, the Government states that at the 13 November meeting between the Minister of Education, Teaching and Science and the Executive Committee of the UGTT, it was decided in reply to this central union's requests to reintegrate 13 dismissed teachers and to gradually re-employ the rest of the teachers as required, giving them priority. The Committee takes note of this information with satisfaction.

21. As regards Case No. 1332 (Pakistan), which the Committee last examined in November 1986 (see 246th Report, paras. 167 to 183), the Government reports in a communication dated 29 December 1987 that it is keeping a close watch on all the circumstances which led to the imposition of the ban on trade union activities in the Pakistan International Airlines Corporation. According to the Government, developments taking place in this regard are being monitored carefully and, as soon as it is satisfied that there exist fair prospects of healthy and purposeful trade union activities in the Corporation, these will be allowed in full conformity with Convention No. 87. The Committee takes note of this information. It would recall, however, that the legislation covering the employees of this Corporation prohibits them from forming trade union organisations in direct violation of Convention No. 87 which only allows limitations on the right to organise in respect of the armed forces and the police. Since the Government, during the examination of the case, stated that this ban contained in the PIAC Act is only temporary, and given that the legislation dates from November 1984, the Committee urges the Government to take the necessary measures as rapidly as posible so as to restore to the workers concerned their freedom of association rights, and to keep it informed thereon.

22. As regards Case No. 1340 (Morocco), the Committee had been obliged at its November 1987 meeting to examine this case without the additional information which had been requested from the Government. At that time the Committee repeated its earlier requests for information, in particular on the judicial decisions handed down against various trade union leaders dismissed following a strike in the Al Hamman mine. In addition, the Committee requested the Government to communicate the outcome of requests for reinstatement of the dismissed miners. In a communication of 18 November 1987, the Government states that the Court of First Instance at Khémisset sentenced these miners to prison terms of two to four months and fines of 500 Dirhams. It adds that they appealed to the Appeals Court of Rabat which confirmed the sentences. The Committee expresses its concern at these decisions and draws once again the Government's attention to the principle that the authorities should not have recourse to measures of imprisonment for the mere fact of having organised or participated in a peaceful strike. It urges the Government to inform it of the measures that might be taken to enable these dismissed miners to be eventually reinstated in their jobs.

23. As regards Case No. 1343 (Colombia), in a communication dated 11 November 1987, the Government states that in the case of the deaths of Herberth Lascarro, Celso Paternina and Jesús López the 9th Higher Judge of Barrancabermeja (Santander) ordered the closure of the file following a second stay in proceedings which had been granted in favour of the two persons accused of these crimes. Nevertheless, explains the Government, the investigation of the deaths of these three persons is not closed because the police are continuing their inquiries. As for the death of Dionisio Hernán Calderón, the trial was transferred to the 9th Criminal Investigating Magistrate at Cali from whom information has been requested on the inquiries under way. The Government adds that it is also awaiting information on the trial opened against the Vianini Entrecanales undertaking for the dismissal of Pedro Antonio Rodríguez and on developments in the inquiries into the death of Francisco Correa Múñez. The Committee takes note of this information and requests the Government to continue to keep it informed of progress in the investigations and trials currently under way.

24. The Committee examined Case No. 1346 (India) at its February 1987 meeting and requested the Government to keep it informed on the outcome of the appeals lodged by the 33 medical representatives dismissed from the Raptakos, Brett and Co. Ltd. in 1983. In a communication dated 19 October 1987, the Government states that the State Government of Maharashtra has informed it that the President of the Industrial Court of Bombay has given instructions to the Labour Court Judge to decide the two outstanding cases before 31 December 1987. The Government also indicates that it will keep the Committee informed of further developments in due course. The Committee takes note of this information and requests the Government to transmit a copy of the judgements as soon as they are handed down.

25. As regards Case No. 1350 (Canada/British Columbia) concerning restrictions on teachers' collective bargaining, examined in February 1986 and concerning which certain further information was supplied by the Government in November 1986, the Committee notes from government communications dated 4 and 11 January 1988 that the recently adopted British Columbian Teaching Profession Act and Industrial Relations Act amend and repeal certain sections of the Schools Act. In particular, the new legislation ensures that teachers shall have the same bargaining rights as other employees in the Province, including the right to strike. The Committee takes note of this information.

26. As regards Case No. 1377 (Brazil), examined by the Committee at its February 1987 meeting, the Government had been requested to organise a judicial investigation into the deaths of Orlando Correia and Sibel Aparecida Manoel and into the physical attacks which occurred in Leme due to a strike in July 1986, and to keep the Committee informed thereon. In a communication dated 25 January 1988, the Government states that during the police investigation it had been established that these two persons were not trade unionists or strikers but were simply passers-by. The Government adds that a ballistics test is being carried out before handing over the case to the competent criminal instance for trial and sentencing of the guilty parties. The Committee takes note of this information.

27. The Committee examined Case No. 1383 (Pakistan) at its November 1987 meeting (see 253rd Report, paras. 80 to 100), expressing its profound regret that it had been obliged to do so in the absence of any observations from the Government. The Governing Body approved the Committee's recommendations which urged the Government to ensure the application of Article 2 of Convention No. 87, ratified by Pakistan, in particular by initiating appropriate action to amend the Pakistan International Airlines Corporation Act so as to restore to the airline's employees the right to establish organisations of their own choosing; to amend sections 32 and 33 of the Industrial Relations Ordinance which enable a very wide ban on strike action in non-essential services, as well as section 4 of the Export Processing Zone Rules which bans strikes by workers in such zones. The case as a whole was drawn to the attention of the Committee of Experts on the Application of Conventions and Recommendations. In a communication dated 29 December 1987, the Government sends its observations on the Committee's conclusions. As regards restrictions on the right to organise of public employees (which include the airline's employees), the Government insists that this ban applies only to public employees engaged in the administration of the State and is only temporary in such public undertakings where trade union activities have been found prejudicial to the national interest; other public employees are free to form and join organisations of their own choosing, except those holding Grade 16 and above because it is not in the public interest to allow them to do so and they can form associations for protecting their rights. On sections 32 and 33 of the Industrial Relations Ordinance, the Government states that if a strike or lock-out lasts for more than 30 days and is causing serious hardship to the community or is prejudicial to the national interests - or is in a public utility service as listed in the law - it can, by order in writing, ban such action and refer the dispute for compulsory adjudication to a labour court. Lastly, the Government states that the issue of strike bans in export processing zones is receiving its active consideration. The Committee takes note of this information but is of the opinion that it does not change the considerations which led the Committee to the conclusions reached in November 1987. It accordingly decides to maintain its reference of this case to the Committee of Experts.

28. As regards Case No. 1388 (Morocco), examined by the Committee at its November 1987 meeting, the Government was requested to keep the Committee informed of the outcome of its efforts for the reinstatement of the trade union leaders and officials dismissed because of the labour dispute in the phosphate mines at Youssoufia and Mohammedia, as well as of the measures taken for the reinstatement of the members of the executive committee of the trade union in the Itma Plastics undertaking. In a communication of 10 December 1987, the Government states that the Labour Inspectorate has held investigations into the reasons behind the dismissals so as to conciliate a solution: the complainants stated that the dispute arose because of the creation of a trade union section in the undertaking which belonged to the Moroccan Federation of Labour; the employer considered that the workers had voluntarily left their posts and that the conflict had nothing to do with the creation of a trade union section in the company. The Government adds that, given the contradictory statements of the complainants and employer, the matter has been transmitted to the competent tribunal which is to take a decision on it. The Committee takes note of this information and requests the Government to inform it of the decision to be handed down on these dimissals.

29. Finally, as regards Cases Nos. 1016 and 1258 (El Salvador), 1176, 1195, 1215 and 1262 (Guatemala), 1189 (Kenya), 1261 (United Kingdom), 1271, 1369 and 1398 (Honduras), 1279 (Portugal), 1354 (Greece) and 1380 (Malaysia), 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.