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 2, 3 and 8 November 1989 under the chairmanship of Mr. Roberto Ago, former Chairman of the Governing Body.

2. The members of the Committee of Argentinian and Venezuelan nationality were not present during the examination of the cases relating to Argentina (Cases Nos. 1455 and 1456) and Venezuela (Case No. 1485), respectively.

3. The Committee is currently seized of 65 cases in which complaints have been submitted to the governments concerned for observations. At its present meeting it examined 27 cases in substance, reaching definitive conclusions in 11 cases and interim conclusions in 16 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 Argentina (Case No. 1496), Morocco (Case No. 1499), Venezuela (Case No. 1501), Peru (Cases Nos. 1502 and 1503), the Dominican Republic (Case No. 1504), Barbados (Case No. 1505), El Salvador (Case No. 1506), Brazil (Case No. 1509), Paraguay (Case No. 1510), Australia (Case No. 1511), Guatemala (Case No. 1512) and Malta (Case No. 1513) concerning which it is awaiting information or observations from the governments concerned. All these cases relate to complaints submitted since the last meeting of the Committee.

Subsequent adjournments

5. The Committee is still awaiting observations or information from the governments concerned in the cases relating to Malaysia (Case No. 1480), Costa Rica (Case No. 1483) and Trinidad and Tobago (Case No. 1491). The Committee again adjourns these cases and requests the governments of these countries to transmit the information or observations requested.

6. As regards Cases Nos. 1309 (Chile), 1419 and 1476 (Panama), 1434 and 1477 (Colombia), 1447 (St. Lucia), 1498 (Ecuador), 1468, 1471 and 1479 (India), 1489 (Cyprus), 1507 (Turkey) and 1508 (Sudan), the Committee has received the governments' observations and intends to examine these cases in substance at its next meeting.

7. As regards Cases Nos. 997, 999 and 1029 (Turkey), in a communication dated 20 September 1989 the Government supplies certain information in reply to the recommendations made by the Committee in its 266th Report, approved by the Governing Body at its 243rd Session (May-June 1989). The Government states that further developments concerning the present legislation could be considered in the future through tripartite consultations according to the socio-economic progress and needs of the society and that the Committee will be kept informed of all steps to be taken in this respect. It also states that in view of the principle of the independence of the courts, it is not in a position to comment on the Committee's recommendations concerning the current trial of the DISK and its leaders, but it will continue to provide information on any development in these matters and, in particular, on the outcome of the ongoing judicial proceedings. Finally, the Government states that the Secretary-General of OTOMOBILIS, Mr. Celal Ozdogan, is charged with belonging to an illegal party and is at liberty while being tried by the Ankara State Security Court. Any supplementary information on his case will be submitted to the Committee. The Committee takes note of this information. However, it notes that there has been no change either in the factual or the legislative aspect of the cases since it last examined them in May 1989. The Committee expresses the firm hope that concrete information will be provided for its next meeting and that, in particular, the appeals brought in the case of the dissolution of DISK and its 20 affiliated organisations, as well as the trial concerning the DISK leaders, will have been definitively judged with due account being given to the principles of freedom of association. The Committee therefore requests the Government to supply information on developments in the situation both as regards the legislation and the current court case.

8. As regards Case No. 1413 (Bahrain), in a communication dated 26 July 1989, the Government supplied the judgement and comments requested by the Committee. The Committee takes note of this information and postpones its examination of this case while awaiting the observations also requested from the complainant organisation.

9. As regards Case No. 1439 (United Kingdom), by a communication dated 6 October 1989 the National Union of Mineworkers and the International Miners' Organisation stated that they wished to withdraw their allegations in this case. They indicated that they had taken this decision in the light of the "useful and illuminating" comments made by the Committee of Experts on the Application of Conventions and Recommendations in 1989 which had led the two organisations to conclude that the appropriate course would now be to formulate cases "to go before the European Court of Human Rights", and "to place before the ILO in the near future specific cases involving the actual application of the laws enacted by the British Government over the last ten years". In a communication dated 24 October 1989 the Trades Union Congress (TUC) indicated that following careful consideration of the clear and unequivocal observations of the Committee of Experts in its 1989 Report it had decided that no useful purpose would be served by requesting the Committee on Freedom of Association to examine the same complex and wide-ranging questions upon which the Committee of Experts had already expressed its opinion. Accordingly, the TUC indicated that it wished to withdraw its allegations in the present case. It also intimated that it intended to make a submission to the Committee of Experts drawing attention to a number of instances in which the current law on industrial relations in the United Kingdom had been used in ways which exemplify the previous comments of that Committee. The Committee notes the content of the communications from the complainants dated 6 and 24 October 1989, and considers that in the circumstances this case does not require further action on its part.

10. As regards Case No. 1485 (Venezuela), the Committee adjourns its examination of this case and awaits the Government's transmission of a copy of the judgement to be handed down by the Supreme Court of Justice concerning the registration of the United Trade Union of Teachers of the National Institute for Education Co-operation.

Direct contacts

11. As regards Cases Nos. 1455 and 1456 (Argentina), the Committee notes that the Government has requested a direct contacts mission so that a thorough examination of the issues raised in these cases may be made. The Committee requests the Director-General to determine, with the Government's agreement, the arrangements for such a direct contacts mission. It proposes to examine these cases in the light of the information gathered during this mission.

URGENT APPEALS

12. As regards Case No. 1488 (Guatemala), the Committee observes that, despite the time which has elapsed since the presentation of this complaint and the seriousness of the allegations in it, the Government has not transmitted the observations or information which had been requested from it. The Committee draws the attention of this Government 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 this case at its next meeting even if the observations requested from the Government have not been received in due time. The Committee accordingly requests the government to transmit its 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. 1425 (Fiji), 1444 (Philippines), 1486 (Portugal) and 1492 (Romania).

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

14. As regards Cases Nos. 988 and 1003 (Sri Lanka), the Committee last examined them in substance in November 1983 (230th Report, paras. 351 to 375) concluding with a request that the Government keep it informed of developments in the cases of the five trade union leaders who had been arrested in connection with the strike of July 1980 and committed for trial to the High Court of Colombo. On no less than five occasions the Government has provided the Committee with information concerning the progress of the trials, which in fact now involve 12 persons of which five are the unionists named in the original complaints. They have been indicted on 14 counts under the Penal Code and Offensive Weapons Act. In a communication of 11 August 1989, the Government states that the continuing High Court case was put off for inquiry until 25 September 1989; it undertakes to send a further report after that date. The Committee takes note of this information and can only regret that the procedures under the legal system are taking so long to reach a final judgement in this matter. In previous cases it has drawn the attention of governments to the fact that justice delayed is justice denied. It expresses its concern over the effects on the accused trade unionists and their families of so lengthy a trial and it urges that the proceedings be brought to a speedy conclusion.

15. As regards Case No. 1168 (El Salvador), the Committee had requested the Government to organise a judicial investigation into the disappearance of 20 trade unionists (whose names were listed in an annex to the 265th Report) with a view to elucidating the current situation and whereabouts of these trade unionists. In a communication of 19 June 1989, the Government states that, according to the report prepared by the Ministry of Defence, no public security agency or body was aware of any detentions of these persons. The Committee takes note of the Government's communication. However, since it has not received any additional information on the arrest and/or trial of these unionists, it urges the Government once again to inform it whether these trade unionists are, or are not, still detained and to supply information as to whether any judicial proceedings have been instituted concerning these disappearances.

16. As regards Case No. 1258 (El Salvador), the Committee had requested the Government to keep it informed on developments in the trial concerning the murder of the trade union leader, Juan Pablo Mejía Rodríguez. In a communication of 19 June 1989, the Government states that the preliminary, investigatory stage of the proceedings is continuing and that, despite the zealousness of the two prosecutors handling the case, they have not to date been able to assemble sufficient evidence to lead to anyone's arrest, especially since only presumptive evidence exists. The Government adds that the Ministry of Labour and Social Welfare has done its utmost to investigate the allegations made by the International Confederation of Free Trade Unions, the World Federation of Trade Unions and the International Federation of Plantation, Agricultural and Allied Workers. The Committee takes note of this information and expresses its regret that the authorities have been unable to identify the persons responsible for the death of this trade union leader.

17. As regards Case No. 1279 (Portugal), when the Committee examined it at its February 1985 meeting (see 238th Report, paras. 119 to 140) it stated that the civilian workers in the manufacturing establishments of the armed forces should have the right to establish organisations of their own choosing without previous authorisation, in accordance with Convention No. 87 ratified by Portugal. The Government had subsequently indicated that the Supreme Administrative Tribunal was going to render a decision on the question and that it would keep the Committee informed of developments. In a communication of 13 September 1989, the Government states that the matter has been satisfactorily resolved and that the Union of Workers in the Manufacturing Establishments of the Armed Forces was registered with the Ministry of Employment and Social Welfare on 3 August 1989. The Committee takes note of this information with interest.

18. As regards Case No. 1282 (Morocco), the Committee had requested the Government to keep it informed of the decision of the Appeals Court in the case of the dismissal of workers from the Moroccan company Vincent Computers in Mohammedia for having taken part in a strike in January and February 1984. In a communication of 13 July 1989, the Government states that the Court of Appeal of Casablanca examined the workers' appeal and decided that they had benefited from all the compensation prescribed by law for dismissals. The Committee takes note of this information.

19. As regards Case No. 1376 (Colombia), in a communication of 16 October 1989 the Government supplied a great deal of information on the investigations being carried out in the proceedings relating to the murder of the trade union leader, Carlos Betancourt Bedoya and stated that inquiries were continuing. The Committee takes note of this information and requests the Government to keep it informed of the developments in the other trials in this case concerning murders or disappearances.

20. As regards Case No. 1388 (Morocco), the Committee had requested the Government to do its utmost towards the reinstatement of the trade union leaders who had been dismissed for having taken strike action in the mine run by the Sherifiana Phosphates Company (OCP) at Youssonfia. In communications of 26 May and 12 July 1989, the Government repeats that these dismissals were based on the serious offences committed by these leaders and which, it maintains, are punishable by law. It adds that the Administration of Mines has lodged an appeal before the Court of Appeal of Safi against the judgement handed down by the Court of First Instance; it undertakes to inform the Committee of the Appeal Court's decision as soon as it is handed down. The Committee takes note of this information and awaits receipt of the judgement of the Court of Appeal on this point.

21. As regards Cases Nos. 1461 and 1481 (Brazil), examined by the Committee at its May 1989 meeting (see 265th Report, paras. 301 to 338), it requested the Government to keep it informed on the outcome of the trials concerning the deaths and injuries suffered by trade unionists in Volta Redonda, on the measures it considered taking to amend its legislation on strikes and on the possibility of reinstating the workers who were dismissed due to labour disputes, particularly in the EMBRAER aeronautical industry company at Sao José dos Campos. In a communication dated 22 October 1989, the Government states that of the 155 workers dismissed at the EMBRAER company, in 119 cases the dismissals were declared justified and were accepted by the metallurgy union; a further 33 workers were reinstated, and three dismisssed trade union leaders reached an agreement with the company to accept the compensation stipulated for unjustified dismissal and this arrangement was confirmed by the Second Regional Labour Court of Sao Paulo. As regards the repressive acts against workers at the National Steelworks Company at Volta Redonda, the Government states that police investigations are being carried out to determine the facts and the responsibilities and the Labour Sub-directorate of Volta Redonda (Rio de Janeiro) has indicated that these inquiries are now before the investigating magistrate. The Committee takes note of this information and requests the Government to inform it of the outcome of these investigations; it also repeats its request for information on the legislative measures that the Government of Brazil has taken concerning strikes.

22. As regards Case No. 1467 (USA) which the Committee examined at its meeting in February 1989 (see 262nd Report, paras. 203 to 229), it requested the Government to keep it informed on the final decision issued with respect to the subcontracting grievance filed by the complainant union as well as on the development of labour relations at Enoxy Coal Corporation, the subsidiary of Ente Nazionale Idrocarburi (ENI). The Committee also asked the Government to draw the attention of this company to its conclusions and recommendations on this case. In a communication dated 25 October 1989, the Government states that in May 1989 it communicated to the company (now known as Agipcoal USA Inc.) the Committee's conclusions and recommendations. The Government adds that in June 1989 the US Court of Appeals for the Sixth Circuit reversed the US District Court's ruling and remanded the case for further proceedings. In July 1989, Agipcoal USA requested a rehearing of the Sixth Circuit's decision. The petition was denied, but the Court of Appeals ordered that its decision be stayed for 90 days pending the company's filing of a petition for a writ of certiorari with the United States Supreme Court. Therefore, states the Government, judicial consideration of the case has not yet been completed. It repeats in this connection its position that US laws and procedures are adequate to protect workers' freedom of association and stresses that the current Agipcoal USA case shows that legal redress is both available and timely. Concerning the developments in labour relations in the company, Agipcoal USA indicates that, since January 1988, the parties have engaged in a number of collective bargaining sessions and that tentative agreements have been reached in a number of important provisions; it cites as an indication of the progress in labour relations the fact that the union workers at Agipcoal USA's Pevler Coal Mining complex did not follow the call for a strike lunched by the United Mine Workers of America in June and July 1989. The Committee takes note of this information and requests the Government to keep it informed on developments in the judicial proceedings concerning this case.

23. Finally, as regards Cases Nos. 1054 (Morocco), 1189 (Kenya), 1250 (Belgium), 1346 and 1428 (India), 1353 (Philippines), 1369 (Honduras), 1385 (New Zealand), 1396 (Haiti), 1408 (Venezuela), 1417 and 1487 (Brazil), 1438 (Canada) 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.