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 31 October and 1 and 6 November 1991 under the chairmanship of Mr. Robert Ago, former Chairman of the Governing Body.

2. The members of the Committee of Argentinian and Indian nationality were not present during the examination of the cases relating to Argentina (Cases Nos. 1532, 1551 and 1560/1567) and India (Case No. 1550), respectively.

3. The Committee is currently seized of 86 cases in which complaints have been submitted to the Governments concerned for observations. At its present meeting it examined 35 cases in substance, reaching definitive conclusions in 18 cases and interim conclusions in 17 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 Turkey (Cases Nos. 1582 and 1583), Greece (Case No. 1584), Nicaragua (Case No. 1586), Guatemala (Cases Nos. 1588 and 1595), Morocco (Case No. 1589), Lesotho (Case No. 1590), India (Case No. 1591), Uruguay (Case No. 1596), Mauritania (Case No. 1597), Peru (Case No. 1598), Gabon (Case No. 1599), Czechoslovakia (Case No. 1600), Canada/Quebec (Case No. 1601) and Spain (Case No. 1602), concerning which it is awaiting information or observations from the Governments concerned. 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 or the complainants concerned in the cases relating to Peru (Cases Nos. 1478/1484, 1527, 1541 and 1579), India (Cases Nos. 1479, 1514 and 1517), Sudan (Case No. 1508), Panama (Cases Nos. 1531 and 1580), Honduras (Cases Nos. 1538 and 1554), Malaysia (Cases Nos. 1542 and 1552), the Dominican Republic (Case No. 1549), United Kingdom/Hong Kong (Case No. 1553), United States (Case No. 1557), Spain (Case No. 1561), Morocco (Case No. 1574), Venezuela (Case No. 1578) and Canada/British Columbia (Case No. 1587). The Committee adjourns these cases and asks the Governments of these countries or the complainants to send the information or observations requested from them.

6. As regards Cases Nos. 1510, 1546 and 1573 (Paraguay), 1523 (United States), 1534 (Pakistan), 1559 (Australia), 1569 (Panama), 1575 (Zambia) and 1593 (Central African Republic), the Committee intends to examine these cases in substance at its next meeting.

URGENT APPEALS

7. As regards Cases Nos. 1273 and 1524 (El Salvador), 1564 (Sierra Leone) and 1568 (Honduras), the Committee observes that, despite the time which has elapsed since the presentation of these complaints, the Governments concerned 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 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.

8. As regards Case No. 1511 (Australia) which the Committee examined at its February 1991 meeting (277th Report, paras. 151 to 246), the International Federation of Airline Pilots' Associations addressed to the Office a communication dated 18 July 1991 containing certain observations in relation to this case. These observations concerned three principal issues: (i) the alleged unfairness of the procedures of the Committee in dealing with cases of this kind; (ii) supposedly misleading information provided to the Committee by the Government; and (iii) a detailed critique of the decision of the Committee. After having examined this communication, the Committee considered (i) that the procedures adopted by it have been developed over a period of time, and that they are calculated to provide the fullest possible opportunity to both governments and complainants to bring all relevant information to its attention; and (ii) that having considered the further information provided by the complainant in this instance, that it would not be appropriate to reopen this case at this juncture.

9. 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. 1571 (Romania), 1576 (Norway), 1585 (Philippines) and 1592 (Chad).

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

10. As regards Case No. 1054 (Morocco), the Committee had requested the Government to supply the text of the Royal Decision of 18 February 1988 under which, according to the Government, all those persons suspended or dismissed due to the general strike of June 1981 had been reinstated. In a communication dated 29 May 1991, the Government states that, according to the instructions given by the Prime Minister in pursuance of the above-mentioned Decision, all permanent and additional public servants who had been obliged to leave their jobs because of the collective work stoppage of June 1981, have been reinstated. The Committee takes note of this information and asks the Government to regularise as soon as possible the administrative and financial situation of those few officials who, according to the complainant, had remained under suspension.

11. As regards Case No. 1271 (Honduras), at the Committee's November 1990 meeting, it took note of the information supplied by the Government on 9 July 1990 and the World Confederation of Organisations of the Teaching Profession (WCOTP) on 29 May 1990, according to which the dispute between the two executive committees of the union of the Professional College for the Advancement of Teaching in Honduras (COLPROSUMAH) had been settled by means of an agreement between the rival executives to hold a reconciliation meeting. Subsequently, by a communication dated 10 January 1991, the WCOTP complains of the persistent interference by the Government of Honduras in the normal activities of COLPROSUMAH by the granting of privileges to certain pro-government leaders, by laying down in the law the periodicity of union elections (every four years), by obtaining the disqualification from office of the union president, Mrs. Santana Dominguez, by hindering the holding of the organisation's extraordinary general meeting and by interfering in the exercise of its normal activities. The WCOTP adds that thanks to the protection afforded by the army and the police, COLPROSUMAH's headquarters are currently occupied by the remaining group of pro-government union leaders that had existed since 1982, and the Government refuses to recognise the new executive which was democratically elected at the extraordinary meeting held on 20 and 21 September 1990. This letter from the WCOTP was transmitted to the Government on 16 January 1991 with a request for its observations on the matter. The Committee takes note of this information and observes that the Government has not yet replied despite the time which has elapsed; it thus urges the Government to send its observations on these allegations as soon as possible.

12. As regards Case No. 1417 (Brazil) concerning the murder of three union leaders: Mauro Pires (4 September 1987), Sebastio Teixeira do Carmo (July 1988) and Francisco Alves Mendes (22 December 1988), the Government had stated in October 1990 that the trials of those accused of the murder of Messrs. Pires and Alves Mendes were currently before the courts, but it did not indicate what was happening with regard to the murder of Mr. Teixeira do Carmo. The Committee had requested the Government to keep it informed of developments in the trials and as to the Teixeira case. In a communication dated 11 July 1991, the Government transmits the text of the verdict handed down against the guilty parties in the Mendes murder trial according to which they were sentenced to 19 years' imprisonment. The Committee takes note of this information and requests the Government to continue to keep it informed of developments in the trials concerning the deaths of the union leaders Messrs. Pires and Teixeira do Carmo.

13. As regards Case No. 1426 (Philippines), the Committee last examined it at its May 1991 meeting and asked the Government to keep it informed of developments in the criminal proceedings under way into the Antojado and Balaud murder cases and of any concrete follow-up action to identify suspects in the murder of Oscar Bantayan. The Committee also requested the Government to take measures to dissolve the Civilian Auxiliary Force Geographical Units (CAFGUs) and all other paramilitary forces or armed groups which are not part of the regular bodies which legitimately operate in the country. In a communication dated 12 August 1991, the Government states that due process should be accorded in all criminal cases and adds that, as soon as the cases relating to the deaths of Messrs. Antojado and Balaud are concluded, it shall furnish the texts of the courts' decisions on these cases; with respect to Oscar Bantayan's murder, the police are still continuing their investigations although they have been hampered by the lack of leads, witnesses and evidence to identify suspects in the case; finally, concerning the dissolution of the CAFGUs and other paramilitary forces, the Government states that a Philippine National Police has been recently created to merge the police authority, functions and responsibilities into one agency to the exclusion of all others, the CAFGUs remaining part of the military establishment. The Committee takes note of this information and asks the Government to continue informing it on the criminal proceedings and investigations still under way.

14. As regards Case No. 1438 (Canada), the Committee had requested the Government to keep it informed of the industrial relations situation in the railway transport sector after the enactment of the Maintenance of Railway Operations Act, 1987, which had ordered railway workers back to work. In a communication dated 7 January 1991, the Government indicated it has supported and continues to support the collective bargaining process. While acknowledging that its 1987 back-to-work legislation temporarily limited the right to strike of certain railway workers, it indicated that the unique role of this industry required it to act to protect the welfare of major segments of the population from the adverse social and economic effects of a dispute which the parties had been unable to resolve despite extensive private bargaining, and significant conciliation and mediation efforts by the Government. In temporarily removing the right to strike and providing for independent arbitration to resolve the dispute, the Government had to weigh the right of the parties freely to negotiate their collective agreements against the general welfare and the special circumstances involved (heavy dependency of the resource and manufacturing sectors on the industry in a country with a vast geography; limited opportunity to employ alternate modes for the type of commodities handled; highly integrated nature of the country's transport system). The August 1987 legislation that provided independent compulsory arbitration and extended collective agreements some 16 months to 31 December 1988 is no longer in effect. Collective bargaining returned to the industry in late 1988 when notices to bargain were served and bargaining began for new contracts. The current situation is as follows: the two major railways affected by back-to-work legislation have freely negotiated new three-year collective agreements covering the period 1 January 1989 to 31 December 1991. Some 56,000 workers represented by 14 unions were involved in this bargaining process and achieved significant improvements in their conditions of employment. Agreements covering two-thirds of these workers were signed by the parties in direct bargaining - the remaining third were concluded in conjunction with federal government conciliation assistance. The Committee takes note of this information and observes with interest that the parties have been able freely to negotiate their current collective agreements. Since new bargaining rounds are about to take place, the Committee reminds the Government that transport is not an essential service in the strict sense of the term and that the workers in this sector should therefore enjoy the right to strike.

15. As regards Case No. 1467 (United States), the Committee had requested the Government to inform it of the final resolution of the labour dispute through the current negotiations between the United Mine Workers of America and Agipcoal, USA, subsidiary of Ente Nazionale Idrocarburi. In two communications of 15 May and 20 September 1991, the United Mine Workers of America and the Government of the United States respectively, state that the labour dispute with Agipcoal has been resolved at the company's American coal operations, the UMWA expressing its wish to withdraw its complaint. The Committee takes note with satisfaction of this information and decides that this case does not call for further consideration.

16. As regards Case No. 1483 (Costa Rica), in communications of 12 June and 23 July 1991, the Government refers to the elaboration of standards and proposals relating to certain points examined by the Committee during its consideration of this case and requests, in accordance with the Committee's recommendation, the ILO's technical assistance in the drawing up of the revisions with a view to bringing the labour legislation into conformity with Convention No. 98, ratified by Costa Rica. The Committee has been told that the Government and the Office are examining the modalities of this technical assistance.

17. As regards Case No. 1493 (Cyprus), the Committee last examined it at its November 1990 meeting (see 275th Report, paras. 125 to 143) and requested the Government to take the necessary measures to draft the regulations under the Public Service Law and to have them approved by the Council of Ministers and the House of Representatives concerning, in particular, the new system of staff appraisal and working conditions in the public sector. In a communication of 21 June 1991, the Government provides the text of the Appraisal of Employees and Working Time Regulations of December 1990, as adopted. It adds that the Public Service (Remuneration, Allowances and Benefits of Public Employees) Regulations have already been drafted and it expects them to be approved shortly. The Committee takes note with satisfaction of this information.

18. As regards Case No. 1495 (Philippines), the Committee asked the Government to inform it of the adoption of two bills intended to amend or repeal the Privatisation Proclamation No. 50. In a communication of 12 August 1991, the Government states that several bills are pending in Congress and that among these bills pending second reading are Senate Bill No. 303 to provide recognition of existing collective bargaining agreements or other written forms of employer-employee contracts in case of disposal of the employer's assets and Senate Bill No. 1255 which will protect the rights of workers in government corporations and agencies undergoing privatisation. The Committee takes note of this information and asks the Government to transmit the text of these bills when adopted.

19. As regards Case No. 1502 (Peru), when the Committee examined it at its May 1990 meeting it requested the Government to keep it informed of developments in the case, in particular of the appeals for protection of constitutional rights (amparo) lodged by the electricity sector workers and requesting the unilateral amendment of the collective agreement involved in line with the system of automatic wage adjustment which had been suspended in April 1989. In a communication of 19 June 1991, the Government states that these appeals were being dealt with in the Office of the Civil Public Prosecutor and in the Supreme Civil Chamber. The Committee takes note of this information and repeats its previous request that the Government keep it informed of the decision to be taken by the Supreme Court in relation to these appeals.

20. As regards Case No. 1513 (Malta), the Committee asked the Government to inform it of the outcome of any representation ballot which could finally settle the representation conflict between the General Workers' Union (GWU) and the Union Haddiema Maghqudin (UHM). In a communication of 16 September 1991, the Government states that both unions finally agreed to hold a secret ballot of customs and excise personnel which took place on 27 May 1991 and that the majority opted for the General Workers' Union. The result was accepted by both unions, and the government authorities concerned have formally recognised the GWU as the union which represents this sector of workers at the Customs Department. The Committee notes with satisfaction the final settlement of this matter.

21. As regards Case No. 1529 (Philippines), at the Committee's last examination of it at its meeting in February 1991, it requested the Government to keep it informed of the outcome of the police investigations into the murder of union leader, Mr. Mariano Caspe, which had occurred on 19 March 1990. In a communication of 19 June 1991, the Government sends an extract from the text of a resolution adopted by the Philippines Commission on Human Rights which carried out an investigation into this killing and which reflects the lack of cooperation of three alleged eyewitnesses. The resolution also indicates that the police authorities trying to investigate the shooting of Mr. Caspe encountered the same uncooperative attitude even among people who appear to be close to the victim. While agreeing with some press descriptions that the killing of Mr. Caspe is a "dastardly crime", the resolution questions whether the authorities can be blamed for not having succeeded in clarifying this affair. The Commission on Human Rights decided that in these circumstances, the case shall be archived, to be reopened only as soon as witnesses shall have cooperated with the Commission. The Committee takes note of this information and regrets that, due to the unavailability of evidence, the police authorities and the investigations of the pertinent independent body did not succeed in solving this murder.

22. As regards Case No. 1530 (Nigeria), when the Committee examined it at its meeting in May 1991 (see 278th Report, paras. 192 to 209), it asked the Government to take measures for the repeal of the Trade Unions (International Affiliation) Decree No. 35 of 1989 and to transmit the text of the repeal. In a communication of 10 October 1991, the Government forwards the text of Decree No. 32 of 1991 which repeals the Trade Unions (International Affiliation) Decree No. 35 of 1989. The Committee takes note of this information with satisfaction.

23. As regards Case No. 1544 (Ecuador) when the Committee examined it at its May 1991 meeting, it requested the Government in its definitive conclusions and recommendations to amend Decrees Nos. 1535 and 1589 which prohibited a worker or an employer being designated more than once as a delegate to International Labour Conferences. In a communication of 27 May 1991, the Government states that a resolution of the Court of Constitutional Guarantees published on 10 May 1991 annulled Decree No. 1535. The Committee takes note of this information with interest and requests the Government to inform it whether Decree No. 1589 - which concerned employers - has also been repealed.

24. As regards Case No. 1570 (Philippines), when the Committee last examined it at its May 1991 meeting, it asked the Government to take measures to allow teachers to exercise the right to strike; urged the Government to take steps to have the suspension and dismissal orders reviewed and to secure the reinstatement without loss of pay of the teachers concerned, to keep it informed of any appeals brought by sanctioned teachers and to supply any statistics on the number of teachers who may have returned to their posts following the expiry of the suspensions. In a communication of 12 August 1991, the Government states that the Department of Education, Culture and Sports is now in the process of reinstating the dismissed teachers but only five have so far been availed of this process. Concerning the right of public sector employees to strike, the Government adds that the Congress is now studying several bills on this subject for adoption into law. In a letter of 23 September 1991, the Alliance of Concerned Teachers states that 36 dismissed teachers have now been reinstated in Bulacan and Manila City and an increasing number of suspended teachers have gradually benefited from reinstatement orders. It adds that it is seeking, through Supreme Court procedures, repeal of the strike ban policy. The Committee notes with interest the recent reinstatements and asks the Government to continue informing it on the evolution of the reinstatement process and to transmit the text of the bills mentioned above when adopted.

25. Finally, as regards Cases Nos. 1168 (El Salvador), 1189 (Kenya), 1341, 1435, 1446, 1482 and 1519 (Paraguay), 1388 (Morocco), 1396 (Haiti), 1408, 1485 and 1501 (Venezuela), 1413 (Bahrain), 1419 (Panama) and 1505 (Barbados), 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. In a communication dated 23 October 1991, the Government of Germany stated that it would endeavour to submit the requested information concerning Case No. 1528 for the next meeting of the Committee.