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 22 February 1991 under the chairmanship of Mr. Roberto Ago, former Chairman of the Governing Body.

2. The members of the Committee of Australian, American and British nationality were not present during the examination of the cases relating to Australia (Case No. 1511), the United States (Case No. 1523) and the United Kingdom (Cases Nos. 1540 and 1553), respectively.

3. The Committee is currently seized of 77 cases in which complaints have been submitted to the Governments concerned for observations. At its present meeting it examined 18 cases in substance, reaching definitive conclusions in 11 cases and interim conclusions in 7 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 the United States (Case No. 1557), Ecuador (Case No. 1558), Argentina (Cases Nos. 1560/1567), Spain (Case No. 1561), Iceland (Case No. 1563), Sierra Leone (Case No. 1564), Greece (Case No. 1565), Peru (Case No. 1566), Honduras (Case No. 1568), Panama (Case No. (1569), the Philippines (Cases Nos. 1570 and 1572) and Romania (Case No. 1571), concerning which it is awaiting information or observations from the Governments concerned. Concerning Case No. 1559 (Australia), the Government, in a communication dated 14 February 1991, announced that it will send its observations shortly. 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 El Salvador (Cases Nos. 1441/1494), Morocco (Case No. 1499), China (Case No. 1500),Guatemala (Case No. 1512), Haiti (Case No. 1520), Pakistan (Case No. 1525), Honduras (Cases Nos. 1538 and 1554), the United States (Case No. 1543), Poland (Case No. 1545) India (Case No. 1550), Argentina (Case No. 1551) and Colombia (Case No. 1555). As regards Cases Nos. 1426 (Philippines), 1532 (Argentina) and 1536 (Spain), the Governments have stated that they will be sending their observations shortly. Concerning Cases Nos. 1434, 1477 and 1562 (Colombia), the Government, in a communication dated 4 February 1991, forwarded certain informationand announced that it would be sending additional information. 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. 997, 999 and 1029 (Turkey), 1478, 1484, 1527 and 1541 (Peru), 1479, 1514 and 1517 (India), 1526 (Canada/Quebec), 1531 (Panama), 1544 (Ecuador) and 1554 (Honduras), the Committee intends to examine these cases in substance at its next meeting, since it has only just received the Governments' observations.

7. As regards Case No. 1483 (Costa Rica) the Committee requested the Government to accept a direct contacts mission in its 275th Report, paragraphs 240 to 322. In a communication dated 25 January 1991, the Government accepted the mission which will take place on 3 to 10 April 1991.

8. As regards Case No. 1504 (Dominican Republic), the Government transmitted certain documentation received in the ILO on 21 January 1991. In view of the contradictions existing between the complainants' and the Government's versions of the facts in this case, the Office has requested the complainants to send their comments on the Government's reply.

9. The Committee also decided to adjourn its examination of Case No. 1523 (United States) and it requests the complainant and the Government to send any additional information that they wish to present in this case.

10. As regards Case No. 1556 (Iraq), in a communication dated 11 January 1991 the Government sent very general information on the situation which gave rise to the complaints in question. Given the seriousness of the allegations made, the Committee requests the Government to send urgently its precise and detailed observations on the issues raised in this case.

URGENT APPEALS

11. As regards Cases Nos. 1273 (El Salvador), 1337 (Nepal), 1510 and 1546 (Paraguay), 1534 (Pakistan), 1530 (Nigeria) and 1539 (Guatemala), the Committee observes that, despite the time which has elapsed since the presentation of these complaints and the seriousness of the allegations contained therein, these Governments have not transmitted the observations or information which had been requested. 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 or information requested from the Governments have not been received in due time. The Committee accordingly requests these Governments to transmit their observations as a matter of urgency.

12. 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. 1511 (Australia), 1540 (United Kingdom), 1547 (Canada/British Columbia) and 1549 (Dominican Republic).

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

13. As regards Case No. 792 (Japan) on which the Committee reached definitive conclusions at its November 1978 meeting (187th Report, paragraphs 69 to 141), and on which information on developmentsin the trials of teacher trade unionists has been supplied at regular intervals, the World Confederation of Organisations of the Teaching Profession (WCOTP) alleges in a letter of 7 October 1990 that the Supreme Court of Japan has finally sentenced Mr. Makieda, ex-President of the Japan Teachers' Union, to six months' imprisonment with a one year suspended final judgement for having called a peaceful strike over occupational demands in 1974. In a communication of 25 January 1991, the Government reiterates its previous statements on the views expressed by the Committee in this case. It points out that the December 1989 sentence has not and will not be implemented because the period of suspension (one year) expired on 28 December 1990, on which date the sentence became invalid. Therefore, Mr. Makieda has not and will not be restricted in his activities. The Committee takes note of this information, particularly the fact that Mr. Makieda has profited from the suspension of the Supreme Court's sentence. It considers that no new elements have been presented to warrant a change in its previous conclusions on this aspect of the case, and accordingly refers the Goverment to them, particularly those adopted at its March 1987 meeting (248th Report, paragraph 14) when it last examined the effect given to its recommendations.

14. As regards Case No. 1449 (Mali), the Committee had requested the Government to keep it informed of the situation of the teachers who had been dismissed because of strike action based on the late payment of their salaries which were held up several months between 1986 and 1988. In a communication of 15 January 1991, the Government sends a copy of the Decision of 4 December 1990 by which the Ministry of Employment and the Public Service rectroactively reinstated the teachers Modibo Diarra and Youssouf Ganaba with full promotion and salary rights. The Committee takes note of the information on the reinstatement of these teachers with interest.

15. As regards Case No. 1467 (United States), the Committee had requested the Government to keep it informed on developments in the judicial proceedings concerning the subcontracting grievance, which were before the District Court for the Eastern District of Kentucky for adjudication on the merits. In a communication dated 11 February 1991, the Government states that the litigation concerning Agipcoal (formerly Enoxy Coal) USA Inc. has been stayed, by agreement of the parties involved, pending the outcome of collective bargaining which has been undertaken in good faith by the United Mine Workers of America and the company. The Government undertakes to keep the Committee apprised of further developments in the matter. The Committee takes note of this information with interest, particularly in view of the recommendations it made on the importance of good faith collective bargaining when it examined the substance of this case in November 1989. It requests the Government to inform it of the final resolution of this labour dispute, through the current negotiations by the parties involved, in due course.

16. As regards Case No. 1468 (India), when the Committee last examined it at its meeting in February 1990, it requested the Government to keep it informed of the outcome of outstanding legal proceedings in relation to the serious incidents that took place in 1988 in the State of Tripura. In a communication of 21 January 1991, the Government sends a copy of the judgement of the South Tripura Magistrates' Court concerning the clash between supporters of two rival unions at the Kalshimukh Rubber Plantation Centre on 6 May 1988 which had resulted in the hospitalisation of Mr. Rakhal Roy Burman, Secretary of the Rubber Shramik Union. It appears from the judgement that the parties jointly filed a compromise petition which was examined and accepted by the magistrate; the accusations were accordingly discharged. The Committee notes this information and requests the Government to continue supplying information on the other incidents listed in this case in the Committee's 265th Report at paragraph 517(b), (c), (e), (g), (h), (i) and (k).

17. As regards Case No. 1481 (Brazil), the Committee had requested the Government to keep it informed of the outcome of the police investigations aimed at clarifying the facts and determining responsibilities in relation to the alleged repression and ill- treatment of workers in the National Iron and Steel Works of Volta Redonda in November 1988. In a communication dated 17 December 1990, the Government states that the judge of the First Criminal Court of Volta Redonda has decided to close the police inquiries. The Committee takes note of this information and regrets that it has not been possible to identify the guilty parties responsible for such serious allegations.

18. Finally, as regards Cases Nos. 1054 and 1388 (Morocco), 1168 (El Salvador), 1189 (Kenya), 1396 (Haiti), 1417, 1461 and 1509 (Brazil), 1428 and 1471 (India), 1341 and 1482 (Paraguay), 1493 (Cyprus), 1495 (Philippines), 1502 (Peru), 1505 (Barbados) and 1513 (Malta), the Committee again requests these Governments to keep it informed of developments in the various matters. The Committee hopes that these Governments will communicate the information requested at an early date.