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 20, 22 and 25 February 1993, under the chairmanship of Mr. Robert Ago, former Chairman of the Governing Body.

2. The members of the Committee of Argentinian and Danish nationalities were not present during the examination of the cases relating to Argentina (Cases Nos. 1551 and 1639) and Denmark (Case No. 1674).

3. The Committee is currently seized of 111 cases, in which complaints have been submitted to the Governments concerned for observations. At its present meeting it examined 37 cases in substance, reaching definitive conclusions in 15 cases and interim conclusions in 22 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: Venezuela (Cases Nos. 1676 and 1685), Costa Rica (Cases Nos. 1678 and 1695), Argentina (Cases Nos. 1679 and 1684), Norway (Case No. 1680), Haiti (Case No. 1682), Colombia (Case No. 1686), Morocco (Cases Nos. 1687 and 1691), Germany (Case No. 1692), El Salvador (Case No. 1693), Portugal (Case No. 1694), Pakistan (Case No. 1696), Turkey (Case No. 1697) and New Zealand (Case No. 1698), because it is awaiting information and observations from the governments concerned. In Case No. 1689 (Côte d'Ivoire) the Government states that it will soon be sending its observations. All these cases relate to complaints submitted since the last meeting of the Committee.

Observations requested from governments

5. The Committee is still awaiting observations or information from the governments concerned in the cases relating to Guatemala (Cases Nos. 1512/1539 and 1588/1595), Peru (Cases Nos. 1527, 1541 and 1642), United States (Case No. 1557), Spain (Case No. 1561), Honduras (Case No. 1568), Philippines (Cases Nos. 1572 and 1615), Zambia (Case No. 1575), Lebanon (Case No. 1608), Ecuador (Case No. 1617), Paraguay (Cases Nos. 1654 and 1656), El Salvador (Case No. 1659) and Senegal (Case No. 1675). In Cases Nos. 1651 (India), 1653, 1660 and 1662 (Argentina), these Governments have announced that they will be sending their observations shortly. The Committee adjourns all these cases and asks the Governments concerned to send the information or observations requested.

Observations requested from governments and the complainants

6. With respect to Cases Nos. 1538 and 1554 (Honduras), 1573 (Paraguay) and 1591 (India), the Committee awaits comments and observations from the complainants and Governments. In Cases Nos. 1665 and 1667 (Ecuador), the Committee has received observations from the Government which have been transmitted to the complainants in order for them to formulate their observations. The Committee requests the Government and complainants concerned to transmit, without delay, the observations and information requested from them.

Partial information received from governments

7. In Cases Nos. 1552 (Malaysia), 1562 (Colombia) and 1649 (Nicaragua), the governments have sent certain information on the allegations made. The Committee requests them to send the remaining information without delay so that it can examine these cases in full knowledge of all the facts. In Case No. 1618 (United Kingdom), the complainant sent further information just before the Committee's meeting; the Government is invited to make its observations on this latest communication.

Observations received from governments

8. The Committee intends to examine the substance of Cases Nos. 1590 (Lesotho), 1594 and 1647 (Côte d'Ivoire), 1596 and 1627 (Uruguay), 1612 and 1672 (Venezuela), 1628 (Cuba), 1634 and 1683 (Russian Federation), 1641 (Denmark), 1643 (Morocco), 1644 and 1677 (Poland), 1661 (Peru), 1670 (Canada) and 1688 (Sudan) at its next meeting.

Other adjournments

9. As regards Case No. 1578 (Venezuela), examined in the February session (see 281st Report, paras. 384 and 398), the Committee asked the Government and the complainants to furnish additional information. Later, in its meeting of May 1992, the Committee took note of a communication from the Government informing it that the complainant organization had introduced an appeal before the Supreme Court against the cancellation of the registration of the single Union of Sales and Distribution Workers of the Polar del Lago C.A. brewery decreed by the directorate general of the Department of Labour. The Committee notes that, despite the time that has passed since its request for information, neither the Government nor the complainants have sent additional information. The Committee therefore cannot but reiterate the conclusions formulated during the February 1992 examination of the case, and underlines yet again that Convention No. 87 excludes from its coverage only the armed forces and police and that distributors, delivery personnel and sellers of beer must be permitted to form organizations of their own choosing, in conformity with Article 2 of Convention No. 87. The Committee asks the Government to keep it informed of any decision regarding the appeal filed by the complainants.

URGENT APPEALS

10. As regards Cases Nos. 1589 and 1671 (Morocco), 1637 (Togo), 1666 (Guatemala) and 1669 (Chad), the Committee observes that, despite the time which has elapsed since the presentation of these complaints, it has not received the Governments' observations. The Committee draws the attention of all these Governments to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of the cases at its next meeting even if the information or observations requested from the Governments have not been received in due time. The Committee accordingly requests the Governments to transmit their observations or information as a matter of urgency.

Irreceivable complaint

11. In communications of 21 October and 17 November 1992, the European Southern Observatory Union (ESO) presented a complaint before the Committee on Freedom of Association against Germany, France, Italy, Switzerland, Denmark, Belgium, Sweden and Holland, all member States of the European Southern Observatory, alleging the violation of the union and labour rights of local personnel of Chilean nationality which resulted from certain rules and decisions issued by this organization located in Chile. Referring to the decision taken by the Governing Body in February-March 1978 declaring irreceivable a complaint presented against the member States of an international organization regarding the actions of the organization (see document GB.205/8/17), the Committee considers that the present complaint is irreceivable given the extraterritorial status of the international organization.

12. The Committee draws the legislative aspects of the following case to the attention of the Committee of Experts on the Application of Conventions and Recommendations: Case No. 1632 (Greece).

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

13. As regards Cases Nos. 997, 999 and 1029 (Turkey), the Committee noted at its May 1992 Session that, following the Constitutional Court's decision to repeal transitory section 9 of Act No. 3713, which provided for the transfer to the Public Treasury of the assets of DISK and those of its affiliates, the Government had begun work on legislative amendments for the return of these assets. In its communication of 5 February 1993, the Government states that the Bill on the restoration of DISK's assets has been passed by the Grand National Assembly on 26 November 1992, and came into force on 12 December 1992. The Committee notes this information with interest.

14. As regards Case No. 1526 (Canada/Quebec), at its session of October 1991 the Committee had requested the Government to establish a procedure for safeguarding the interests of workers who had been denied the right to strike, to re-examine certain disciplinary sanctions imposed on strikers and to keep it informed of developments in labour relations in the public and parapublic sectors. In a communication of January 1993, the Government pointed out that the legislation already included a process of mediation and stated that the concerned parties had established after the adoption of the law in 1985 a process of negotiation in which salary issues were negotiated for each year that collective agreements applied. As to the understandings reached regarding the extension of collective agreements concluded in April 1991 and May 1992, a tripartite committee was established whose mandate includes the review of the system of negotiation in the public and parapublic sectors. It resumed its work in October 1992 in view of a possible revision of the negotiation system. The Committee takes note of this information. Regarding the more general situation of labour relations in the public and parapublic sectors, the Government adds that agreements regarding extensions of collective agreements were concluded on two occasions, the negotiations taking place in a positive atmosphere which underscored the renewed stability of the working relationships, characterized by a common desire to find acceptable compromises. As to sanctions, the union and Employer groups held meetings to discuss the recommendations of a report of a working group constituted to evaluate the effects of Law 160. An agreement was concluded with all the relevant unions, notably on the subject of the loss of seniority, wage reductions imposed against strikers and the suspension of dues check-offs. In each case, legislative texts were adopted to validate these agreements. The Committee notes with interest this information.

15. As regards Case No. 1563 (Iceland), the Committee at its November 1992 meeting, requested the Government to keep it informed of the judicial proceedings contesting the constitutionality of the Provisory Act on Wages, No. 89 of 3 August 1990. In a communication of 19 January 1993, the Government forwards a copy of the English translation of the judgement given by the Supreme Court on this case. The Committee takes note of the Court's conclusion that the Provisory Act was incompatible in certain respects with the principle of equity and that the appellants should receive compensation. It also takes note that the BHMR's comments on this matter will be submitted to the Committee of Experts at its next meeting in March 1993.

16. As regards Case No. 1569 (Panama), at its session of November 1992, the Committee had noted the information communicated by the Government, according to which a number of petitions in administrative disputes concerning trade union leaders and employees who had been dismissed from the Water and Electricity Board (IRHE) and by the National Institute of Telecommunications (INTEL) were before the Third Chamber of the Supreme Court. In a communication of 22 January 1993, the Government furnished the decision of the Supreme Court which upheld the dismissal of 35 employees at IRHE under the Law of 25 December 1990. The Government indicates that the said Law expired on 31 December 1991 and that it had been applied only once to 147 employees at IRHE and 72 employees at INTEL, of which 10 at INTEL and 15 at IRHE were reinstated in their positions. The Government adds that the court decision disposes of one-third of the petitions and that the other two-thirds are still active. The Committee takes note of these details and requests the Government to continue to keep it informed of any progress in the petitions that are still before the Court.

17. As regards Cases Nos. 1577, 1582 and 1583 (Turkey), at its November 1991, and February and May 1992 Sessions respectively, the Committee had requested the Government to keep it informed of the effect given to its recommendations. Case No. 1577 concerned the right to organize and to bargain collectively of teachers in the public and private sectors, the arrest of teachers members of EGIT-SEN, and certain violations of that organization's right to organize its activities. In Cases Nos. 1582 and 1583, the Committee had requested the Government to keep it informed of amendments made to the legislation with a view to guaranteeing all public sector teachers the right to establish organizations of their own choosing. In its communication of 5 February 1993, the Government states that, since the Council of Ministers ratified several ILO Conventions, including Conventions Nos. 87 and 151, on 8 January 1993, the provisions of these instruments are now incorporated in domestic legislation, under article 90 of the Turkish Constitution. Concerning the arrests of EGIT-SEN members, the Government repeats that these trade unionists have been either acquitted or released, since no proceedings had been launched against them. The Committee notes this information with interest.

18. As regards Case No. 1581 (Thailand), the Committee last examined it at its November 1991 meeting (see 279th Report, paras. 441 to 482), and requested the Government to keep it informed of the steps taken to repeal the State Enterprise Labour Relations Act and to return the assets of the trade unions which had been dissolved. In a communication of 11 February 1993, the Government states that it is determined to amend the Act as well as the Announcement No. 54 of the National Peacekeeping Council. It adds that because the enactment or amendment of legislation takes time, this planned amendment will take some time. The Committee takes note of this information and would like to insist that the Government informs it as soon as possible concerning the return of the assets of the trade unions which were dissolved as well as on the amendment or repeal of the above-mentioned legislation.

19. As regards Case No. 1584 (Greece), at its May 1992 Session, the Committee had requested the Government to keep it informed of any measure taken to ensure the participation of workers' organizations in the definition of services deemed as essential in Greek legislation. The Committee had also asked the Government to examine the joint proposal made by the GSEE and the Federation of Greek Industries to entrust the most representative organizations with the administration and management of the Workers' Fund (OEE), and to keep it informed in that respect. In its communication of 29 January 1993, the Government states that the definition of essential services rests with employers which, in case of dispute, will call upon the Trade Union Leaders Protection Committee, under articles 15 and 21 of Act No. 1264/82, in order to define minimum services with the participation of trade union organizations. Concerning the management of the Workers' Fund (OEE), the Government states that Act No. 2091 of 1992 on the financial independence of trade union organizations, which was adopted recently, provides that equal numbers of State's, employers' and workers' representatives sit on the Workers' Fund Board of Directors, which fully guarantees the participation of social partners to the administration and management of the OEE. The Committee notes this information with interest.

20. As regards Case No. 1593 (Central African Republic), the Committee at its February 1992 meeting had asked the Government to keep it informed of all decisions concerning the reinstatement to their positions of civil servants fired for strike action and concerning the outcome of collective bargaining in the private sector. In a communication of 7 November 1992, the Government sends copies of new salary tables which were accepted in negotiations and signed in April 1992. The Committee takes note of this information and asks the Government to indicate if the civil servants who were dismissed have been reinstated in their positions.

21. As regards Case No. 1599 (Gabon), the Committee in its May 1992 meeting (see 283rd Report, paras. 177-190) had asked the Government to undertake an investigation of the arrest and detention of Mr. Jean Oulatar on 29 August 1991 and to keep it informed of the results of the investigation. In a communication of 22 December 1992, the Government states that the inquiry has shown that the incident resulted from an error by police rather than any deliberate intent by the Government to violate trade union rights. The Government adds that, as soon as they were informed of the situation, the responsible authorities gave instructions to the border police to allow Mr. Jean Oulatar to securely carry out his mission in Gabon. The Committee notes with interest this information.

22. In Case No. 1556 (Iraq), the Committee in its November 1991 session (see 279th Report, para. 63) had asked the Government to take the measures necessary to release the detained Kuwaiti trade unionists and to restore the property confiscated from the employers' and workers' organizations or, where such restoration is impossible, to supply just compensation. The Committee deplores the Government of Iraq's failure since March 1992 to send any information on the effect given to its recommendations. The Committee urges the Government to send information without delay regarding the whereabouts and status of the trade unionists who are still detained as well as regarding the restoration of the confiscated property.

23. Finally, as regards Cases Nos. 1444, 1585 and 1610 (Philippines), 1478/1484 (Peru), 1508 (Sudan), 1514 and 1517 (India), 1556 (Iraq), 1564 (Sierra Leone), 1584 (Greece), 1602 (Spain), 1605 (Canada/New Brunswick), 1606 (Canada/Nova Scotia), 1607 (Canada/Newfoundland), 1616 (Canada) and 1622 (Fiji), the Committee requests the Governments concerned to keep it informed of developments in the various matters. The Committee hopes that these Governments will communicate the information requested shortly.