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 27, 28 and 30 May 1985 under the chairmanship of Mr. Roberto Ago, former Chairman of the Governing Body.

2. The member of the Committee of Spanish nationality was not present during the examination of the case relating to Spain (Case No. 1292).

3. The Committee is currently seized of 982 cases in which the complaints have been submitted to the governments concerned for observations. At its present meeting it examined 26 cases in substance, reaching definitive conclusions in 12 cases and interim conclusions in 14 cases; the remaining cases were adjourned for various reasons set out in the following paragraphs.

4. First adjournments: The Committee adjourned until its next meetings the cases relating to Peru (Case No. 1321), the Dominican Republic (Case No. 1322), the Philippines (Case No. 1323), Australia (Case No. 1324), Sudan (Case No. 1325), Bangladesh (Case No. 1326), Paraguay (Case No. 1328), Canada/British Columbia (Case No. 1329), Guyana (Case No. 1330), Brazil (Case No. 1331), Pakistan (Case No. 1332), Jordan (Case No. 1333), New Zealand (Case No. 1334), Malta (Case No. 1335), Mauritius (Case No. 1336) and Nepal (Case No. 1337) 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. Second and subsequent adjournments: The Committee awaits observations or information concerning the cases relating to Peru (Case No. 1199), Argentina (Case No. 1220), Guatemala (Cases Nos. 1262 and 1311), Brazil (Cases Nos. 1270 and 1313), Colombia (Case No. 1291), the Dominican Republic (Case No. 1293), Antigua and Barbuda (Case No. 1296) and Honduras (Case No. 1307). It again adjourned these cases and requests the governments concerned to transmit their observations.

6. As regards the cases relating to Kenya (Case No. 1189), Paraguay (Cases Nos. 1204 and 1275), Costa Rica (Cases Nos. 1287, 1300 and 1310), Spain (Case No. 1320) and Tunisia (Case No. 1327) the governments concerned have indicated recently that they will send their observations shortly.

7. As for the cases relating to the United States (Case No. 1130), Morocco (Case No. 1282), Chile (Case No. 1285) and the Federal Republic of Germany (Case No. 1318), the Committee has received the governments' observations and intends to examine these cases in substance at its next meeting. As regards the cases concerning the Central African Republic (Case No. 1040), Morocco (Case No. 1054) and Nicaragua (Cases Nos. 1129, 1169, 1185, 1298 and 1317), the Committee regrets that since the replies in these cases were received either just before or during its meeting, it will only be able to examine these cases in substance at its next meeting.

8. As regards the case relating to Mauritania (Case No. 1306), the Government, in telegrams dated 28 April and 12 May 1985, states that all the imprisoned trade unionists have been released by virtue of a political amnesty granted on 2 December 1984 and that the trade union leader of the Fuel Company, Mr. Sidi Mohamed Ben Aiat (who, according to the complainant, died as a result of torture while in prison), died following an illness. The Committee notes these statements and urges the Government to supply additional details on the circumstances surrounding this death and to indicate whether an independent inquiry into it took place.

9. As regards the cases concerning certain provinces of Canada, the Committee notes that arrangements are being made for the ILO study and information mission to visit the country and expresses the hope that it will have before it, at its next meeting, the report of the representative of the Director-General appointed to carry out this mission.

10. Case No. 1250 concerns a complaint against the Government of Belgium presented by the National Federation of Independent Trade Unions almost two years ago on 18 June 1983. It relates to the difficulties encountered by the Federation, which is organised at the interoccupational and national level and which claims to be representative and therefore entitled to a seat on the National Labour Council. The Government sent a very detailed reply on 2 and 11 May 1984. Under Belgian legislation, the terms of office of the members of the National Labour Council are for four years and were to be renewed in December 1984. At its November 1984 meeting, the Committee agreed to postpone its examination of the case in response to a request sent by the Government on 12 October 1984. In its request, the Government asked for consideration of the case to be postponed to the Committee's February 1985 meeting on the grounds that the decisions concerning the renewal of the terms of office of the members of the National Labour Council were not due to be taken until the end of the year (236th Report, para. 6). In the absence of further information from the Government, the Committee was again obliged to adjourn the matter at its February 1985 meeting (238th Report, para. 5). In a communication dated 19 April 1985, the Government merely indicates that the terms of office of the members of the National Labour Council have not yet been renewed and that the matter is still under discussion. The Committee again adjourned its examination of this case to await the result of the negotiations that are taking place concerning the composition of the National Labour Council. It would point out to the Government that, since the complaint was submitted two years ago, it will be obliged to examine this case in substance at its November 1985 meeting even if it has not received a detailed reply from the Government.

11. As regards the cases relating to Uruguay (Cases Nos. 1254, 1257, 1290, 1299 and 1316), a representative of the Government told the Committee that the Government of Uruguay had taken a series of measures with a view to guaranteeing fully respect of the freedom of association and collective bargaining Conventions: the repeal of Acts and decrees which restricted trade union freedoms, adopted when the de facto Government had been in power; access of previously dissolved organisations to trade union activities; the adoption of an amnesty law for political and trade union offences; the authorisation of exiled persons to return to the country, etc. The Government representative stressed the willingness of the new Government to supply information on the pending cases and pointed out that the adoption of legislation on trade union matters was being discussed.

Finally, he stated that there were no persons detained in Uruguay for trade union reasons. The Committee wishes to express its appreciation to the Government for providing this information through its representative. It hopes that the information requested as regards these cases will be supplied at an early date.

12. As regards the case concerning Burkina Faso (Case No. 1266), a Government representative has indicated that detailed information on the outstanding allegations in this case will shortly be provided. The Committee, accordingly, hopes that a detailed reply will be received in the near future.

13. As regards the case concerning Papua New Guinea (Case No. 1267), which the Committee examined at its meeting in November 1984, in a communication received on 4 April 1985 the Government states that the legislation which confers upon the Government power to disallow at its own discretion and at any time awards or determinations relating to employees in the public service and the teaching service will be amended in order to be consistent with the obligations established by Article 4 of Convention No. 98, ratified by Papua New Guinea. The Committee requests the Government to keep it informed of the outcome of the review of the legislation and the texts of any amendments that may be enacted.

14. As regards the cases relating to the Dominican Republic (Cases Nos. 1277 and 1288), the Committee adopted interim conclusions at its November 1984 meeting (236th Report, paras. 651 to 685) and requested the Government to supply information on the outcome of the judicial investigations under way into the deaths and injuries which occurred during demonstrations in April-May 1984. Since this additional information has not been received, the Committee requests the Government to send it shortly.

URGENT APPEALS

15. 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: Cases Nos. 1219 (Liberia), 1294 (Brazil), 1301 (Paraguay) and 1308 (Grenada). 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 may 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.

16. During the examination of the cases before it, the Committee noted with concern the attitude of non-cooperation with the procedures shown by certain governments which do not supply replies to the allegations made against them, or which delay in sending them, sometimes until just before, or even during, the Committee's meeting. It would point out that such an attitude prejudices the examination of the substance of cases since the Committee is obliged to examine them in the absence of information from the governments concerned or to adjourn them. The Committee, accordingly, appeals to governments involved in cases to supply the observations and information requested of them in good time so as to enable the Committee to examine the cases at the meeting for which the replies are requested. In this connection, the Committee refers to certain cases mentioned in the foregoing paragraphs concerning Liberia, Brazil, Paraguay, Grenada, Guatemala, Central African Republic, Morocco and Nicaragua.

Direct contacts

17. As regards the cases relating to El Salvador (Cases Nos. 953, 973, 1150, 1168, 1233, 1258, 1269, 1273 and 1281), the Committee notes that following an official visit by the Director-General to the country the Government is willing to accept a direct contacts mission with a view to examining the various aspects of these cases. The Committee hopes that the necessary arrangements will be able to be made shortly so that this mission can take place as soon as possible.

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. 997, 999 and 1029 (Turkey), 1190 (Peru) and 1304 (Costa Rica).

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

19. As regards the cases relating to Sri Lanka (Cases Nos. 988 and 1003), which the Committee last examined at its November 1983 meeting (see 230th Report, paras. 351 to 375), and which concerned, primarily, repercussions following the general strike of July 1980 (in particular: the closure of trade union offices which had been housed in government premises; the continued unemployment of thousands of workers dismissed after the strike; and the ongoing trial of five named trade union leaders before the High Court of Colombo), the Committee takes note of the Government's communication of 22 February 1985. According to the Government, 15 of the 25 unions listed by the complainants are functioning normally in new offices although their previous offices in government premises have not been released to them for security reasons, four of the unions referred to are not registered under the Trade Unions Ordinance, two have had their registrations cancelled for failure to furnish the annual returns as required by the Trade Unions Ordinance and the remaining four are branch unions which are not required to be registered and whose parent organisations continue to function. The Government stresses that those workers who were deemed to have vacated their posts and are still without employment continue to be re-employed by the Government as and when suitable vacancies occur and that almost all have been re-employed. As regards the legal proceedings against five trade unionists, the Government states that the Attorney-General, after examining the proceedings of the preliminary inquiry, has referred the case record back to the original magistrate since it appeared to him that there were additional persons who should be committed to trial in the light of the evidence recorded. The magistrate concerned has not yet concluded proceedings and the Attorney-General has reported that all necessary steps are being taken to complete the legal process without undue delay. The Committee takes note of all this information; it would, nevertheless, urge the Government to continue to do its utmost to reinstate those workers who have been without employment for almost five years for having exercised a legitimate means of defending and promoting their occupational interests in the strike of July 1980. Finally, the Committee would again draw the Government's attention to the importance of independent and rapid judicial proceedings and hopes that the trial of the five trade union leaders - who were charged in connection with the general strike in late 1980 - is concluded as soon as possible. Moreover, in a communication dated 29 April 1985, one of the complainant organisations, the Trade Unions International of Public and Allied Employees, alleges that the Government continues its reprisals against those public servants who took part in the 1980 strike through such measures as restricting promotions and refusing to pay arrears of salaries (Public Administration Circulars Nos. 254 and 262). The Committee requests the Government to transmit its observations on these points as soon as possible.

20. As regards the case relating to Morocco (Case No. 1077), the Committee, at its May 1982 meeting (217th Report, paras. 414 to 430), requested the Government to keep it informed of the outcome of the appeals lodged by members of the executive committee of the trade union of the AETCO LEVER undertaking who had been dismissed for having participated in a strike in June 1981. In a communication received on 8 May 1985, the Government states that the AETCO LEVER company appealed against the decision of the Court of First Instance of Casablanca and that the Appeals Court of Casablanca has commenced its deliberations. The Committee notes this information and requests the Government to keep it informed of the decision to be handed down by the Appeals Court of Casablanca.

21. As regards the case relating to Costa Rica (Case No. 1122), the Committee had requested the Government to keep it informed of th outcome of the trial against the Costa Rican Institute of Water and Sewerage for the dismissal of two leaders of the Trade Union Association of Water and Sewerage Workers (ASTRAA) as well as on the cancellation of the authorisation to use the trade union premises located in the Institute. In a communication dated 25 April 1985, the Government sends copies of the judgements handed down by the First Criminal Court following a complaint lodged against the management of the undertaking by the National Directorate of Labour. The Court considered that the trade union leaders had shown an improper attitude towards the management in threatening it, and consequently found the management not guilty. While noting that the behaviour of the trade union leaders went beyond the framework of what could be considered as lawful trade union activities, the Committee considers that the penalties imposed should have affected only the individuals responsible for those acts and not the trade union organisation as a whole. It therefore expresses the hope that the Government will take the measures necessary to restore the use of the trade union premises to ASTRAA.

22. As regards the cases relating to the Philippines (Cases Nos. 1157 and 1192) which the Committee last examined at its November 1984 meeting (236th Report, paras. 286 to 302) and February 1985 meeting (238th Report, para. 30), the Committee notes the information contained in a communication from the Government dated 9 May 1985. According to the Government, on 31 January 1985, the court hearing Criminal Case No. Q-21905 decided that it would be unconstitutional for the trial to proceed without the presence of the accused, Mr. Crispin Beltran, Secretary-General of the Kilusang Mayo Uno, who had escaped from military custody. The trial was accordingly suspended and a warrant for his arrest was issued. The trial concerning Criminal Case No. Q-21741 (which concerns the indictment of several labour leaders on charges of crimes against public order and tending to endanger national security) was postponed at the request of the defence counsel until 22 May 1985. As regards the alleged travel restrictions on Mr. Bonifacio Tupaz, Secretary-General of the Trade Unions of the Philippines and Allied Services, the Government confirms that he was able to travel and attend an overseas trade union conference earlier this year. The Committee takes note of this information and requests the Government to continue to keep it informed of progress in the trials against the trade union leaders concerned.

23. As regards the case relating to Peru (Case No. 1181), the Committee had asked the Government to keep it informed of any progress towards the adoption of a Bill to govern the legal and labour situation of the employees of the Banco de la Nación. In a communication dated 22 February 1985, the Government states that Legislative Decree No. 276 - Act on administrative careers and remuneration - was adopted on 6 March 1984. According to the Government, section 2 of this Decree provides that workers in state undertakings are deemed to fall within the juridical system of the private sector. The situation of the workers concerned, whose organisation had been refused registration because they were considered to be public employees, has thus been defined. The Committee takes note of this information with interest.

24. As regards the case relating to Chile (Case No. 1212), the Committee, at its February 1985 meeting (238th Report, paras. 191 to 204), requested the Government to keep it informed of the outcome of the judicial proceedings still under way concerning the ineligibility for office of four trade union leaders, and also to inform it of any measure taken to reinstate the five trade unionists dismissed in June 1983 from the CODELCO-Chile undertaking. In communications dated 22 April and 2 and 9 May 1985, the Government, with reference to the five dismissed trade unionists, explains the background to the contacts and negotiations which took place between the undertaking and those concerned. It concludes that the company had not violated any agreement on the reinstatement of these workers since they themselves had refrained from implementing their part of the agreement. As for the procedure for ineligibility still outstanding, the Government states that CODELCO-Chile and the four workers involved have abandoned their petition before the Court of First Instance of Calana which means that these persons face no obstacle to carrying out any trade union activity. While noting this information, the Committee would recall that the five workers were dismissed for participating in work stoppages in June 1983. It would accordingly draw the Government's attention to the fact that when workers are dismissed for striking, there is reason to believe that they are being penalised for exercising legitimate trade union activities and are thus subjected to anti-union discrimination contrary to the principles of freedom of association. The Committee therefore expresses the firm hope that the Government will take the measures necessary to comply fully with the Committee's recommendation concerning the reinstatement of the workers concerned.

25. As regards Case No. 1225 (Brazil), the Committee, at its November 1984 meeting (236th Report, paras. 303 to 315), requested the Government, in particular, to keep it informed of developments in the situation regarding the proposed amendments to the trade union legislation, the continuing supervision of one trade union and the decision that several trade union leaders were ineligible to hold trade union office. In a communication dated 2 April 1985, the Government transmits the text of the decision taken by the Minister of Labour and published in the Official Gazette according to which all the trade union leaders who had been impeded in the exercise of trade union activities had been rehabilitated. The Committee takes note of this decision with interest. It recalls, however, that it would like to receive from the Government its observations on the situation of the Trade Union of Metallurgical, Mechanical and Electrical Workers of Sao Bernando and Diadema which had been placed under supervision, as well as on the draft amendments to the trade union laws.

26. As regards Case No. 1227 (India), examined at its meeting in May 1984, the Committee had requested the Government to inform it of the outcome of the case pending before the Industrial Tribunal concerning the legality of the retrenchments in February 1983 in the J.K. Synthetics Ltd. factory. In communications of 5 March and 24 May 1985, the Government states that the award of the Special Industrial Tribunal is still awaited and that out of the 55 workers retrenched the company re-employed 34 workers, terminated the service of one after conducting a domestic inquiry and three workers resigned; thus 17 workmen remain suspended. The Committee takes note of this information and requests the Government to inform it of the decision of the Special Industrial Tribunal when handed down and the situation regarding the reinstatement of the remaining suspended workers.

27. Lastly, as regards the United States (Case No. 1074), Chile (Case No. 1191), Peru (Case No. 1228), Ecuador (Case No. 1230), Australia (Case No. 1241), Barbados (Case No. 1264) and Honduras (Case No. 1268) the Committee again requests the Governments concerned to keep it informed of developments in these cases. As regards the case concerning India (Case No. 1100), the Committee at its May 1983 meeting requested the Government to transmit the text of the judgement to be handed down in the case pending before the Supreme Court concerning the change in conditions of service in the insurance sector following amendments to the General Insurance Business (Nationalisation) Act. In communications dated 23 and 24 May 1985, the Government states that the matter is still pending before the Supreme Court and full details regarding developments will be sent as soon as possible. The Committee trusts that it will receive this information shortly.

28. In addition, the Committee notes with concern that, despite the time which has elapsed since the Governing Body requested certain governments to keep it informed of measures taken to give effect to its recommendations, these governments' replies have not been received. In this respect, the Committee would point out that, in accordance with the procedural rules set out in paragraphs 27 and 28 of its 127th Report, approved by the Governing Body, if there is no reply or if the reply given is partly or entirely unsatisfactory, the matter should be followed up periodically through invitations to the Director-General at suitable intervals, according to the nature of each case, to remind the government concerned of the matter and to request it to supply information as to the action taken on the recommendations approved by the Governing Body. The Committee itself will, from time to time, report on the situation.

29. In these circumstances, the Committee recalls those requests made some time ago and which remain without response. At its May 1984 meeting, the Committee invited the Government of Ghana (Case No. 1135) to inform it of any measures which might be taken to terminate the freeze on the bank accounts of trade unionists who were in exile. At its May 1984 meeting, it also requested the Government of Iraq (Case No. 1146) to send it the text of the judgement sentencing to death the leaders of the General Federation of Trade Unions in Iraq, Messrs. Mohamed Ayesh and Baden Fadel. Again its May 1984 meeting, the Committee requested the Government of Brazil (Case No. 1237) to communicate a copy of the judgements, together with the reasons adduced therefor, handed down against those responsible for the death of the trade union leader Margarita Maria Alves in August 1983. Not having received the replies and information requested from the governments on these various points, the Committee invites the Director-General to bring these matters to the attention of the governments concerned and request them to send their replies urgently so as to enable the Committee, at its next meeting, to make a further assessment of the situation in each case.