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 25, 26, 29 and 31 May 1989 under the chairmanship of Mr. Roberto Ago, former Chairman of the Governing Body.

2. The members of the Committee of New Zealand, Venezuelan and Indian nationality were not present during the examination of the cases relating to New Zealand (Case No. 1385), Venezuela (Case No. 1453) and India (Case No. 1468), respectively.

3. The Committee is currently seized of 67 cases in which complaints have been submitted to the governments concerned for observations. At its present meeting it examined 33 cases in substance, reaching definitive conclusions in 18 cases and interim conclusions in 15 cases; the remaining cases were adjourned for the reasons set out in the following paragraphs.

New Cases

4. The Committee adjourned until its next meeting the cases relating to Cyprus (Cases Nos. 1489 and 1493), Trinidad and Tobago (Case No. 1491), El Salvador (Case No. 1494) and the Philippines (Case No. 1495) concerning which it is awaiting information or observations from the Governments concerned. In Case No. 1491 (Trinidad and Tobago), in a communication dated 25 April 1989, the Government announced that it would soon send full information. All these cases relate to complaints submitted since the last meeting of the Committee.

Subsequent adjournments

5. The Committee is still awaiting observations or information from the Governments concerned in the cases relating to Fiji (Case No. 1425), Paraguay (Cases Nos. 1435 and 1440), El Salvador (Case No. 1441), Saint Lucia (Case No. 1447), Canada (Case No. 1451), Burkina Faso (Case No. 1462), India (Cases Nos. 1471 and 1479), Morocco (Case No. 1473) and Guatemala (Case No. 1488). In Cases Nos. 1413 (Bahrain) and 1486 (Portugal) the respective Governments have stated that they will send their observations shortly. In relation to Cases Nos. 1472 (Spain) and 1483 (Costa Rica), the Committee has asked the Office to obtain supplementary information from the complainants and the governments in order to proceed to the examination of these matters in full knowledge of the facts. The Committee again adjourns these cases and requests the governments of these countries or the complainants to transmit the information or observations requested.

6. As regards Cases Nos. 1426 and 1444 (Philippines), 1455 and 1456 (Argentina), 1460 (Uruguay), 1466 (Spain) and Venezuela (Case No. 1485), the Committee has received the Governments' observations and intends to examine these cases in substance at its next meeting.

7. The Committee examined Case No. 1402 (Czechoslovakia) at its May 1988 meeting (see 256th Report, paras. 310 to 346) and, given the contradictions between the views of the complainant and the Government as to the trade union nature of the Jazz Section of the Musicians' Union of Czechoslovakia (MUC), requested the complainant, the International Confederation of Free Trade Unions (ICFTU) to supply additional information in this connection. In a communication of 27 February 1989, the ICFTU stated that owing to communications restrictions inherent in the Government's policies, the ICFTU is at present unable to provide further information on the trade union nature of the Jazz Section (Prague Division, Czech Musicians' Union) as well as of its activities prior to its arbitrary dissolution. In view of this communication, the Committee regrets that at present it is unable to arrive at conclusions in this case in full knowledge of the facts.

8. As regards Case No. 1412 (Venezuela), in a communication dated 15 May 1989, the Government states that by Decree No. 2642 of 23 December 1988, a stay in proceedings was ordered in the trial of the trade unionists Juan Vicente Martínez López, Miguel Salazar Trinitario and José Cormelio Montilla Barrios. The Government adds that by virtue of this Decree these persons were released. The Committee takes note of their release.

9. In Case No. 1432 (Peru) in a communication of 27 February 1989 the Government transmitted a full report on the inquiries into alleged infringements of legislative provisions by the Peruvian Steamship Company. The Committee takes note of this information, and regrets that the complainants have not sent information requested from them in relation to the allegations of interference and anti-union discrimination.

10. As regards Case No. 1439 (United Kingdom), the Committee decided that in view of the complexity of the issues involved it would be appropriate to defer consideration of this case until its next meeting. In doing so, it recalled that pending such examination it would be open to any of the parties to make further submissions in relation to the issues before the Committee.

11. As regards Case No. 1492 (Romania), in a communication dated 12 May 1989, the Government supplies preliminary observations on the complaint presented by the International Confederation of Free Trade Unions. In addition, the Government states that, in a spirit of co-operation and so as to clear up any misunderstanding, it will carry out a detailed investigation of the allegations and will transmit its reply to the ILO as soon as possible. The Committee takes note of this communication and proposes to examine the case at its next session on the basis of the information which will be received from the Government.

URGENT APPEALS

12. As regards Cases Nos. 1273 (El Salvador), 1337 (Nepal) and 1341 and 1446 (Paraguay), the Committee observes that, despite the time which has elapsed since the presentation of these complaints, the Governments have not transmitted the 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 on the substance of these cases at its next meeting even if the observations requested from the Government have not been received in due time. The Committee accordingly requests the Governments to transmit their observations as a matter of urgency.

13. 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. 1431 (Indonesia) and 1478 and 1484 (Peru).

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

14. As regards Cases Nos. 988 and 1003 (Sri Lanka), the Government had been requested to communicate further information on the proceedings concerning the trial of five trade unionists which was reopened in the High Court of Colombo in early 1987. In a communication of 6 April 1989, the Government states that the case was scheduled for further hearings before the High Court on 22 February 1989, but was put off for inquiry on 5 June 1989. The Government adds that a further report will be furnished after June 1989. The Committee takes note of this information.

15. As regards Case No. 1250 (Belgium) the complainant, the Independent Union of Railway Workers (SIC), alleged in a communication of 13 April 1989 that the National Company of Belgian Railways (SNCB) was continuing to deny it the right to intervene as a trade union organisation on behalf of its members, and in particular had threatened to dismiss the National President of the SIC if he continued to permit the unauthorised distribution of trade union leaflets. The SNCB considered that the leaflets could provoke inter-union rivalries, discussions and might jeopardise the profitability of the undertaking and the good relations between personnel. The Government has made no comment on these allegations which were transmitted to it on 28 April 1989. The Committee recalls the conclusions and recommendations it made in this case (see, in particular, para. 21 of its 253rd Report, November 1987) according to which governments should protect 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 its members' interests. This should include providing assistance to a member in cases of a complaint or individual representation and the posting of bills and distribution of trade union leaflets. The Committee therefore requests the Government to transmit its observations on the complainant organisation's communication.

16. As regards Case No. 1369 (Honduras), the Committee had requested the Government to keep it informed of developments in the proceedings relating to the death of the trade union leader Cristobal Pérez Díaz in 1986. According to information supplied by the Government, the case was before the Third Criminal Court of San Pedro Sula. In a communication dated 26 April 1989, the Government sends a copy of a note from the Supreme Court of Justice stating that the files in this trial were remitted to the Third Criminal Court for jurisdictional reasons. The Committee takes note of this information and of the fact that the Government will inform it of further developments in the matter.

17. In Case No. 1380 (Malaysia) the Committee had asked the Government: (a) to take steps to ensure that legislative provisions relating to the establishment and recognition of first-degree unions are not interpreted in a restrictive manner by the administrative authorities and to give effect to the principle that workers should have the right to choose the union to which they wish to belong; and (b) to instruct the appropriate authorities to carry out a verification vote as between the Electrical Industry Workers' Union (EIWU), on the one hand, and two "in-house" unions, on the other (the Union of Employees of Perwira Ericsson Peninsular Malaysia and the Union of Employees in Amalgamated Parts Manufacturers), and to keep it informed of further developments in the matter. In a communication dated 7 March 1989 the Government: (i) states that the two in-house unions mentioned above enjoy majority support and that they have been effective in representing the interests of their membership; (ii) points out that if the EIWU was unhappy with the decision of the High Court it could have appealed to the Supreme Court and the fact that it did not do so "suggests otherwise"; (iii) notes that an application to register the National Union of Electronic Industry Workers is currently being considered by the Registrar of Trade Unions; (iv) reiterates that workers are free to join any union that is capable of representing them; (v) points out that where there are two or more registered unions in respect of a particular trade, occupation or industry the Registrar may either cancel the registration of the minority union or require the minority union to remove from its membership register those members in respect of whom there is an overlap with the majority union; and (vi) states that since the law does not provide for the emergence of duplicity or multiplicity of trade unions, the carrying out of a verification vote does not arise. In the light of these considerations the Government suggests that the Committee review the situation taking into account the interests of the workers today. The Committee notes the Government's comments. It also notes that the complainants (together with the International Confederation of Free Trade Unions and the Malaysian Trades Union Congress) have recently presented further allegations of violations of trade union rights concerning the registration of trade unions in the electronics industry (Case No. 1480). The Committee remains of the view that law and practice relating to the issues raised in Case No. 1380 are incompatible with the principles of freedom of association and can only regret that the Government has not seen fit to give effect to the recommendations set out in paragraph 380 of its 248th Report.

18. As regards Case No. 1459 (Guatemala), which the Committee examined at its November 1988 meeting (259th Report, paras. 275-306), the Committee requested the Government to keep it informed of the effect given to its recommendations on certain unsettled aspects of the case. In a communication dated 28 February 1989, the Government states that as regards the recommendation that greater flexibility be given in the legislation concerning registration of trade unions, the Ministry of Labour and Social Security has taken steps with a view to the adoption of a new Labour Code with ILO assistance. The Government also states that during 1988 consultations were maintained with employers and workers so as to reach a consensus which resulted in a positive basis for the future. As regards certain anti-union measures which affected workers in the municipality of San Antonio Suchitepéquez who had been dismissed for having tried to set up a union, the Government states that, according to the Register of Union Bodies maintained by the General Labour Directorate, two unions were granted legal personality in 1988. As for the dismissed municipal workers, after an intervention by the First Labour Inspectorate, the parties reached an understanding and the workers accepted compensation and the employment benefits prescribed by law. The Committee takes note of this information with interest.

19. As regards Case No. 1470 (Denmark), at its February-March 1989 meeting, the Committee reached definitive conclusions concerning government intervention in collective bargaining in the maritime sector through the Act to set up a Danish International Ships' Register of 23 June 1988 (see 262nd Report, paras. 33 to 78). It referred the case as a whole to the attention of the Committee of Experts on the Application of Conventions and Recommentations for consideration in the context of Denmark's observance of Conventions Nos. 87 and 98. In a letter dated 3 May 1989, the Government makes various comments on the Committee's conclusions and recommendations in this case, pointing to what it considers to be certain misunderstandings of, in particular, the tax exemptions mentioned and the other methods adopted to redress the economic crisis facing the Danish maritime sector; it concludes that it would be irresponsible to amend the Act on the present basis. The Committee is not persuaded to change its earlier conclusions reached on the basis of a thorough consideration of the various complainants' allegations and the Government's detailed reply. However, since the Committee of Experts is responsible for continued examination of the Danish legislation and practice in relation to the Government's obligations under ratified Conventions Nos. 87 and 98, it considers that this further communication from the Government should be transmitted to the Committee of Experts so as to assist it in its evaluation of the situation at its next meeting.

20. Finally, as regards Cases Nos. 1054 and 1282 (Morocco), 1189 (Kenya), 1258 (El Salvador), 1279 (Portugal), 1346 (India), 1353 (Philippines), 1376 (Colombia), 1408 (Venezuela), 1420 (United States/Puerto Rico) and 1449 (Mali), 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.