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 18, 19 and 21 February 1985 under the chairmanship of Mr. Roberto Ago, former Chairman of the Governing Body.

2. The member of the Committee of Indian nationality was not present during the examination of the case relating to India (Case No. 1232).

3. The Committee is currently seized of 96 cases in which the complaints have been submitted to the governments concerned for observations. At its present meeting it examined 24 cases in substance, reaching definitive conclusions in 14 cases and interim conclusions in ten cases; the remaining cases were adjourned for various reasons set out in the following paragraphs.

4. The Committee adjourned until its next meetings the cases relating to Brazil (Case No. 1313), Portugal (Cases Nos. 1314 and 1315), Nicaragua (Case No. 1317), Federal Republic of Germany (Case No. 1318) and Spain (Case No. 1320) concerning which it is still awaiting information or observations from the governments concerned. All these cases concern complaints brought since the last meeting of the Committee.

5. Not having received the observations or information requested from the governments in the cases relating to Uruguay (Cases Nos. 1098/1132 and 1290), Paraguay (Cases Nos. 1204, 1275 and 1301), Peru (Case No. 1206), Belgium (Case No. 1250), Burkina Faso (Case No. 1266), Papua New Guinea (Case No. 1267), Morocco (Case No. 1282), Costa Rica (Cases Nos. 1287, 1304, 1305 and 1310), Brazil (Case No. 1294), Antigua and Barbuda (Case No. 1296), Portugal (Case No. 1303), Grenada (Case No. 1308) and Guatemala (Case No. 1311) and which the Committee already had before it at its last meeting, it adjourned these cases. As regards Cases Nos. 1304 and 1305 (Costa Rica), the Committee has taken note of certain observations sent by the Government, but still awaits its further observations on the factual allegations in these complaints. The Committee requests all the governments concerned to send their obervations at an early date.

6. As for the cases relating to the Islamic Republic of Iran (Case No. 1187), Dominican Republic (Cases Nos. 1277 and 1288), Chile (Case No. 1285), Spain (Case No. 1292), Chile (Case No. 1297), Colombia (Case No. 1302), and Ecuador (Case No. 1319), the Committee has only recently received the governments' observations and intends to examine these cases in substance at its next meeting. As regards Cases Nos. 1277 and 1288 (Dominican Republic), the Committee notes that the Office has requested certain additional information from the Government.

7. With regard to the cases concerning Turkey (Cases Nos. 997/999/1029), the Committee last examined these at its meeting in November 1984 (see paras. 5 to 42 of 237th Report) and requested the Government to supply information on a number of matters raised by it in its conclusions and recommendations in these cases. In a communication of 31 January 1985, the Government states that the Committee's recommendations are currently being examined in detail by the competent authorities and that it will transmit information and observations on the Committee's report as soon as these are available. The Committee takes note of this information and requests the Government to transmit the information and observations at such time as will enable the Committee to examine these cases at its next meeting.

8. As regards Case No. 1129 (Nicaragua), the Committee, at its February 1984 meeting (233rd Report, paras. 236 to 242 and 317) requested the complainants to send additional information on the alleged physical aggression carried out by the authorities against members of the Central of Nicaraguan Workers (CNT) working on State banana and sugar plantations. In addition, the Committee requested the Government to carry out inquiries into the alleged death threats by the official militia against two trade union leaders, Luis Mona - President of the Press Workers Union - and Salvador Sánchez. Subsequently, in a communication dated 13 April 1984, the World Confederation of Labour (WCL) sent a new list of detained trade unionists as well as a list of trade unions the registration of whose managing committees had been refused by the authorities. The WCL, however, provided no details as to the physical violence which was said to have been carried out against members of the CNT. In a communication received by the ILO in January 1985, the Government sent observations on the allegations concerning the situation on plantations and concerning Messrs. Mona and Sánchez. In order to enable it to reach conclusions on the case as a whole at its next meeting, the Committee requests the Government to transmit at an early date its observations on the WCL's most recent communication dated 13 April 1984.

9. The Committee examined Case No. 1185 (Nicaragua) at its February 1984 meeting and requested the Government to supply its observations on certain allegations concerning the trade union leader, Hermógenes Aguirre Largaespada, the trade unionist, Larry Lee Shoures, and concerning the detention of Abelino González Páiz (see 233rd Report, paras. 294 to 307 and 317). In a communiation of January 1985, the Government states that these persons are not detained and requests further information on them to facilitate inquiries. The Committee would draw the Government's attention to paragraph 295 of its 233rd Report (transmitted to the Government on 16 March 1984) in which information and particulars relating to these trade unionists can be found. The Committee accordingly trusts that the Government will be able shortly to send a clear and precise reply on these allegations and on the situation of these trade unionists.

10. As regards the Cases relating to Canada (Cases Nos. 1172: Ontario, 1234: Alberta, 1235: British Columbia, 1247: Alberta and 1260: Newfoundland), the Committee, at its November 1984 meeting (see 236th Report, para. 7), decided to adjourn its examination of these since it was of the view that it would be necessary to obtain additional information, particularly through a study and information mission, which could assist in clarifying aspects of the laws and practices involved. It requested the Government to indicate its consent to such a procedure, so that appropriate arrangements could be made at an early date. In a letter dated 1 February 1985, the Government indicates that, after consultation with the various Provincial governments concerned, it has no objection to such a mission taking place. However, given the comprehensive information already supplied on all the cases in question the Government states that it would be grateful if the Committee could specify what additional information is required since much of the information could seemingly be provided to the Office in the usual way. The Committee notes with appreciation that the Government has no objection to a study and information mission taking place, it being understood that this will take place as part of the Committee's examination of the cases. Having further examined the cases in question, and in response to the Government's request for preliminary indications as to the nature of the additional information which the Committee might need in order to reach definitive conclusions on the cases, the Committee considers that it would be useful to have further information for example, on the continuing consequences or effects of the application of former legislation (Ontario, 1172); the effects in practice of amendments to existing legislation (Alberta, 1234); the application in practice of new labour legislation and the use made of the machinery and procedures set up under new labour legislation (Alberta, 1247 and Newfoundland, 1260). The Committee wishes to emphasise that its proposal for a study and information mission stems from a desire on its part to reach conclusions in as full a knowledge and understanding as possible of the complex issues involved. It is convinced that its work would be greatly facilitated by an on-the-spot appreciation of the day-to-day practical operation in local conditions of the legislation that is the subject of the complaints. The Committee would, accordingly, express the hope that arrangements can be made at an early date for the proposed study and information mission to be carried out.

11. As regards the case concerning Canada/British Columbia (Case No. 1235) the Committee notes that the Government supplied further information in response to the definitive conclusions it reached in this case in May 1984 (234th Report, paras. 316-328). Although the Committee considers that British Columbia need not be included in the proposed study and information mission, it would repeat its earlier recommendation that the Government considers introducing appropriate amendments to s. 2 of the Employment Standards Amendment Act which appears to afford to the public authority power to interfere in the collective bargaining process and restricts the right of workers' organisations to organise their activities and formulate their programmes.

12. As regards Cases Nos. 1183, 1191, 1205 and 1212 (Chile), the Government, referring to the allegations of torture, states in a communication of 4 January 1985, that the Supreme Court has appointed an ad hoc public prosecutor to investigate the alleged crimes of unnecessary violence and unlawful constraint carried out against certain persons after their detention and before they were banished to various parts of the country. The ad hoc prosecutor carried out nine trials and proposed, during the months of July and August 1984, to the Second Military Court a temporary stay in proceedings by virtue of s.409(1) of the Code of Criminal Procedure since there was no definitive proof that the crimes under examination had been committed. The Second Military Court approved the temporary stay. Those persons prejudiced by the temporary stay appealed to the courts martial, which rejected them and confirmed the temporary stay decided on by the judge and the ad hoc prosecutor. The Government adds that one of the persons involved appealed to the Supreme Court against the decision of the courts martial. This appeal is at present under examination. The Committee takes note of this information as well as the Government's assurances that it will transmit the Supreme Court's decision to the Committee as soon as it is handed down.

13. As regards Case No. 1219 (Liberia), the Committee last examined this case at its meeting in May 1984 (see 234th Report, paras. 585 to 611) when it requested the Government to send further detailed observations on certain allegations still pending in this case. In a communication of 22 January 1985, the Government states that it has referred the matter to the appropriate authorities and that it will communicate their reaction as soon as it is available. The Committee takes note of the Government's statement and hopes that it will transmit its observations shortly.

14. As for Case No. 1220 (Argentina), the Government points out, in communications of 4 and 18 February 1985, that there is no question of the dissolution of a trade union but the dissolution of the Complementary Fund for Teachers' Retirement and Pensions. It adds, in particular, that the judicial decisions in this matter have not yet been handed down. The Committee requests the Government to transmit the text of these decisions as soon as they are rendered.

15. As regards Case No. 1222 (Bahamas), the Committee, at its meeting in November 1984, taking into account the time which had elapsed since the presentation of this complaint, requested the Government to transmit its observations as a matter of urgency. In a communication of 4 February 1985, the Government states that its observations will be communicated shortly. The Committee takes note of this statement and looks forward to receiving the observations of the Government.

16. In Cases Nos. 1254, 1257, 1299 and 1316 (Uruguay), the Government supplied certain information on the numerous allegations presented by the complainants. The Committee took note of these replies and decided to adjourn its examination of the cases in question in particular in view of the change of government that is taking place in the country. The Committee considers that, before examining these cases in substance, it would be useful to have before it information from the new government - which will shortly take office - as regards the future development of the trade union situation in the country.

17. The Committee examined Case No. 1270 (Brazil) at its November 1984 meeting (see 236th Report, paras. 603 to 622) and requested the Government to inform it of measures taken or envisaged towards the reinstatement of the trade union leaders who had been dismissed, as well as to transmit information on the reasons for the refusal of the iron and steel undertaking, Belgo Mineira, to negotiate. In a communication dated 21 December 1984, the Government states that, after various conciliation meetings in the Regional Labour Directorate of the Province of Minas Gerais, and since no solution had been reached concerning the negotiation of a new collective agreement, judicial proceedings were instigated under the Labour Code. These are still continuing before the labour courts. As for the dismissal of the trade union leaders, it appears from the Government's statements that the persons concerned have not appealed against these dismissals through individual actions before the labour courts. The Committee notes this information and still awaits the Government's observations on the additional information transmitted by the complainants on 6 December 1984 and 8 January 1985 which were sent to the Government in communications dated 17 December 1984 and 17 January 1985.

18. The Committee examined Case No. 1291 (Colombia) at its November 1984 meeting (see 236th Report, paras. 686 to 697) and noted that the Government had not replied in detail to the outstanding allegation that the undertaking "Industrias Alimenticias Noel S.A." had illegally dismissed 13 unionised workers. In a communication dated 16 January 1985, the Government underlines the necessity of requiring the complainant organisation to submit precise details on the identity, functions and dates of dismissal of the 13 workers in question so that the appropriate investigations can be carried out. The Committee takes note of this and observes that by a communication of 31 January 1985 the ILO requested the complainant to supply the necessary additional information.

19. As regards Case No. 1293 (Dominican Republic), which concerns the dismissal of several trade union leaders and employer interference in the activities of trade unions, the Government sent certain observations in relation to some of the allegations in communications dated 2 November 1984 and 31 January 1985. The Committee still awaits the Government's observations on the allegations to which it has not replied and which appear in communications from the General Central of Workers (Mayoritaria), dated 24 July and 13 November 1984.

URGENT APPEALS

20. The Committee observes that, in spite of the time which has elapsed since the last examination of the following cases and the seriousness of the allegations in some of them, the observations or information requested of the governments concerned have not been received: 1040 (Central African Republic), 1176/1195 and 1215 (Guatemala), 1190 (Peru), 1201 (Morocco) and 1216 and 1271 (Honduras). The Committee draws the attention of the governments concerned to the fact that, in conformity 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 governments' observations have not been received at that date. The Committee accordingly requests the governments concerned to transmit their observations or information as a matter of urgency.

Direct contacts

21. As regards the cases concerning; El Salvador (Cases No. 953, 973, 1016, 1150, 1198, 1233, 1258, 1269, 1273 and 1281) the Committee was informed that the Government is ready to accept a direct contacts mission to examine the various aspects of all the cases. The Committee notes this information with interest. It expresses the hope that, upon receipt of confirmation from the Government, arrangements can be made at an early date for such a mission to take place.

22. As regards Case No. 1110 (Thailand), the Committee had requested the Government to send it the text of the judgement of the Criminal Court concerning the murder of two trade union leaders of the Saha Farm Labour Union (see 236th Report, para. 400). In a communication dated 7 February 1985, the Government supplies a copy of the judgement in question.

23. As for Case No. 1272 (Chile), the Committee had asked the Government to send it the text of the judgement of the Supreme Court concerning the dismissal of the trade union leader Luigi Salerno (see 236th Report, para. 638). In a communication dated 4 January 1985, the Government states that, at the time of his dismissal, Mr. Salerno was not yet a trade union leader and that the Supreme Court confirmed the decision of the Appeals Court of Rancagua to the effect that the dismissal was unjustified and that Mr. Salerno was entitled to compensation. While noting this information, the Committee considers it useful to draw the Government's attention to the principle that protection against acts of anti-union discrimination should not only apply to trade union leaders but also to all workers carrying out trade union activities. Moreover, it does not appear that sufficient protection is being afforded against such acts when the legislation permits employers to dismiss a worker on condition that they pay the compensation laid down by law for unjustified dismissal even if the real reason for the dismissal was the worker's trade union membership or activities.

24. The Committee examined Case No. 1283 (Nicaragua) at its November 1984 meeting (see 236th Report, paras. 639 to 650) and requested the Government to send its observations on the allegations concerning the arrest of various trade union leaders, namely: Luis Mora Sánchez, Jorge Ortega Rayo, Antonio Benito Gómez Centeno and Numan Pompilio Calderón Araus. In a communication of January 1985, the Government states that the above-mentioned trade unionists were released under an amnesty decreed by the Council of State. The Committee notes this information. Nevertheless, as the Government has not specified the reasons for the arrest of the latter three trade unionists, the Committee would draw its attention to the principle that measures of detention affecting trade union leaders for activities related to the exercise of trade union rights are contrary to the principles of freedom of association.

25. 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. 1175 (Pakistan), 1261 (United Kingdom), 1295 (UK/Montserrat).

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

26. As regards Case No. 871 (Colombia), the Committee had requested the Government to keep it informed of developments in the trial relating to the murder of the peasant trade union leader, Justiniano Lame, which took place in Cauca Department in 1977. The Higher Military Court had declared null and void the proceedings in the trial and the matter had been re-submitted to the court of first instance. In communications of 16 January and 14 February 1985, the Government states that the Ordinary Council of War re-tried the accused and arrived at a verdict of acquittal which is at present before the Higher Military Court for confirmation. The Committee notes that the Government will keep it informed of the decision to be taken.

27. As regards Case No. 1037 (Sudan), the Committee had requested the Government to keep it informed of the results of the February 1983 elections in the railways trade union. In a communication of 28 November 1984, the Government states that the said elections have been completed and transmits the list of those elected to the central committee of this trade union. The Committee takes note of this information.

28. As regards Case No. 1134 (Cyprus), the Committee had requested the Government to send it a copy of the decision of the Supreme Court in the appeal filed by the Attorney-General contesting the validity of the trade union elections in the Pancyprian Greek Teachers' Organisation. In a communication of 29 October 1984, the Government states that at the request of the Attorney-General of the Republic the Supreme Court granted leave to withdraw the appeal. The Committee takes note of this information and trusts that in these circumstances, the elected workers' representatives are now able to fulfil their duties in full freedom.

29. In Case No. 1155 (Colombia), the Committee had requested the Government to continue to keep it informed of any progress in the inquiry into the circumstances surrounding the death of two trade union leaders, Messrs. Agapito Chagüenda and Eliécer Tamayo, in Cauca Department in September 1982. In communications dated 16 January and 14 February 1985, the Government states that in accordance with the provisions of the Code of Criminal Procedure, in cases in which the information examined at the initial stages of the proceedings has not been such as to allow charges to be brought against anyone, thus preventing the instigation of a trial, the file must be temporarily closed and held at the Examining Magistrate's Court while the specialised security bodies continue investigations in the hope of being able to re-open the judicial process and arrive at a final decision. The Committee notes this information and that the Government will inform it of the results of the investigations if proceedings are initiated.

30. As regards Cases Nos. 1157 and 1192 (Philippines) the Committee had requested the Government to keep it informed of the outcome of the trials concerning several trade union leaders arrested in August and September 1982, of the steps taken to return trade union property, seized in August 1982, to its rightful owners at the conclusion of the trial for which it was being held as evidence, to inform it of the outcome of investigations into the unexplained disappearance of other trade union leaders and members, and to inform it whether the Secretary-General of the Trade Unions of the Philippines and Allied Services (TUPAS) had been permitted to travel outside the country to fulfil trade union committments arising from his organisation's international affiliation. In a communication of 1 December 1984 the TUPAS stated that its Secretary-General had not been permitted to travel, but had presented another request to attend an international trade union conference - this time in India - to the President of the Philippines, the Chief of Staff of the Military Command, the Chief of Detainee Affairs as well as to the Supreme Court. To its letter of 14 January 1985 the Government attaches a copy of Supreme Court Resolution dated 18 December 1984 granting the TUPAS Secretary-General leave to attend the overseas trade union conference and a copy of the Ministry of Labour's favourable recommendation addressed to the President on this matter. The Committee notes this information with interest and requests the Government to keep it informed of developments in the trial and investigations referred to above.

31. As regards Case No. 1208 (Nicaragua), at its February 1984 meeting the Committee had requested the Government (see 233rd Report, paras. 214 to 317) to indicate whether the trade union leader Salomón Díaz Fernández was still in detention and to specify the charges brought against him. In a communication of January 1985, the Government states that this trade unionist was released under an amnesty decree in August 1984. The Committee takes note of this information and would draw the Government's attention once again to the principle that the preventive detention of trade union leaders involves a serious risk of interference in the activities of trade union organisations.

32. The Committee examined Case No. 1237 (Brazil) at its May 1984 meeting (see 234th Report, paras. 203 to 214) and asked the Government to supply information on action taken following the charges made against the four persons accused of the murder of the trade union leader, Margarida Maria Alves, and to send it a copy of the judgements once handed down. In a communication dated 21 December 1984, the Government states that the accused are being held in preventive detention and that the trial is in its final stage with the hearing of the prosecutions witnesses. The Committee takes note of this information and requests the Government to send it a copy of the judgements as soon as they are handed down.

33. In Case No. 1239 (Colombia), the Committee had requested the Government to keep it informed of the outcome of the judicial investigation into the death of the trade union leader, Francisco Cristóbal Caro Montoya. In a communication dated 16 January 1985, the Government indicates that the Eighth Superior Judge of Medellín, in reply to a request for information made by the Ministry of Labour, stated that everything possible had been done to identify the author or authors of the crime, but without any positive result. The Government further states that, in conformity with the provisions of the Code of Criminal Procedure, the file has been temporarily closed, but that nevertheless the specialised security bodies will continue investigating; if they come up with something the case will be re-opened and it will inform the ILO immediately. The Committee takes note of this information.

34. The Committee examined Cases Nos. 1240 and 1248 (Colombia) at its November 1984 meeting (see 236th Report, paras. 316 to 342) and requested the Government to inform it of the ruling to be handed down by the Council of State in the case of the granting of legal personality of the Union of Employees of the District Institute for the Protection of Children and Young Persons (SINTRAIDIPRON). In a communication dated 16 January 1985, the Government states that the Council of State decided that the employees of the District Institute (IDIPRON) are public employees and, consequently, are able to set up, if they so wish, a trade union organisation of public employees, but not official workers, with the corresponding legal restrictions aimed at this category of public servants. The Committee takes note of this information.

35. As regards Case No. 1252 (Colombia), the Committee had requested the Government to communicate the results of the judicial investigations under way into the death of the trade union leader Miguel Angel Caro Henao. In a communication dated 14 February 1985, the Government states that the investigation referred to is being carried out by the Examining Magistrates' Criminal Court No. 59 (Santafé de Antioquía), and adds that it will transmit information in this respect as soon as possible. The Committee trusts that the Government will be able to transmit this information within a reasonable time.

36. As regards Case No. 1261 (United Kingdom) the Committee, at its meeting in May 1984 (234th Report, paras. 343-371), had concluded that the unilateral action taken by the Government to deprive the category of public servants concerned of their right to belong to a trade union was not in conformity with Convention No. 87. It recommended that the Government reconsider the matter in the light of the considerations set out in its report and requested the Government to keep it informed of any steps taken in regard to the questions raised in the case. At its meeting in November 1984 (236th Report, para. 33) the Committee, taking note of certain comments made by the Trade Union Congress and by the Government, in particular that the matters referred to in the Committee's report were the subject of proceedings in the United Kingdom courts (the House of Lords), expressed the hope that it would be possible for the Government to hold discussions which might result in a resolution of the dispute and the restoration to the civil servants concerned of their rights of freedom of association as provided for in international instruments. The Committee has received a communication from the Government dated 5 January 1985. It observes that this contains no new factual information which would justify a re-examination of the case, but that it raises certain questions relating to obligations under ratified Conventions, and in particular the relationship between obligations under Convention Nos. 87 and 151. The Committee notes that the Committee of Experts on the Application of Conventions and Recommendations will be examining aspects of this matter, and that comments have been submitted by the national complainant organisation in the case (the Trade Union Congress). The Committee accordingly decides that the attention of the Committee of Experts should be drawn to the communication received from the Government, which is not such as to warrant any change in its earlier conclusions.

37. Lastly, the Committee notes that the Governments of Sri Lanka (Cases Nos. 988/1003), Morocco (Case No. 1077), India (Cases Nos. 1100 and 1227), USA (Case No. 1130), Ghana (Case No. 1135), Iraq (Case No. 1146), Peru (Cases Nos. 1181 and 1228), Ecuador (Case No. 1230), Australia (Case No. 1241) and Honduras (Case No. 1268) have not yet responded to the Committee's requests to be kept informed of developments in these cases. The Committee requests these governments to be good enough to communicate this information at an early date.

38. With regard to Cases Nos. 967 (Peru), 1034 (Brazil), 1075 (Pakistan) and 1121 (Sierra Leone), the Committee regrets that, despite repeated appeals, the respective governments have not replied to the Committee's requests to be kept informed of developments as regards various aspects of the cases. The Committee wishes to recall that:

In Case No. 967 (Peru), it had requested the Government at its May 1981 meeting to carry out a judicial investigation to clarify the facts and determine those responsible for the death of a woman trade unionist during a trade union meeting in Lima in May 1980, and to keep it informed of the results of this investigation. The Committee would repeat that where there is loss of life during a public trade union meeting, an impartial and detailed inquiry should be carried out immediately into the circumstances and normal legal proceedings should be instigated to ascertain the reasons for the action taken by the security forces and to determine responsibilities.

In Case No. 1034 (Brazil), the Committee, at its May 1982 meeting, had requested the Government to keep it informed of the measures adopted to restore legal personality to the teachers' associations of the Province of Río de Janeiro which had been suspended by administrative authority. The Committee would recall the principle that organisations of workers and employers should not be suspended by administrative authority.

In Case No. 1075 (Pakistan), the Committee, at its November 1982 meeting, had requested the Government to repeal Martial Law Regulation No. 52 of 1981 which banned all trade union activity in the nationalised air lines sector, and to send it a copy of the repealing text. The Committee would stress that the total prohibition of activities in the nationalised air lines sector contained in this regulation, even though of a temporary nature, constitutes a violation of the principles of freedom of association and, in particular, of Article 2 of Convention No. 87 - ratified by Pakistan - according to which workers without distinction whatsoever shall have the right to establish and join organisations of their own choosing.

In Case No. 1121 (Sierra Leone), the Committee, at its November 1982 meeting, had requested the Government to indicate whether the former Secretary-General of the Sierra Leone Congress of Labour, Mr. James Kabia, who had been prohibited from carrying out trade union activities in March 1982, had been able to recommence his trade union activities. The Committee must point out in this respect that the removal from office of trade union leaders constitutes a serious violation of the free exercise of trade union rights and that, in the present case, Mr. Kabia should be able to recommence the functions for which he had been elected.

The Committee expresses the firm hope that in all these cases the governments concerned will take the necessary measures to give full effect to the recommendations of the Committee and the Governing Body.