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 3, 4 and 10 November 1994, under the chairmanship of Mr. Jean-Jacques Oechslin, former Chairman of the Governing Body.

2. The members of the Committee of Indian and Argentinian nationalities were not present during the examination of the cases relating to India (Case No. 1651) and Argentina (Case No. 1723), respectively.

3. The Committee is currently seized of 105 cases, in which complaints have been submitted to the governments concerned for observations. At its present meeting, it examined 25 cases on the merits, reaching definitive conclusions in 23 cases and interim conclusions in two 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: Portugal (No.1782), Paraguay (Nos. 1783 and 1790), Romania (No. 1788), the Republic of Korea (No. 1789), Chad (No. 1791), Honduras (No. 1795), Peru (Nos. 1796 and 1804), Venezuela (No. 1797), Spain (No. 1798), Kazakhstan (No. 1799), Canada (Nos. 1800, 1801, 1802 and 1806), Djibouti (No. 1803), Cuba (No. 1805), Ukraine (No. 1807), Costa Rica (No. 1808) and Kenya (Case No. 1809) because it is awaiting information and observations from the governments concerned. All these cases relate to complaints submitted since the last meeting of the Committee. In Case No. 1782 (Portugal), the Government stated that it would send its observations soon.

Observations requested from governments

5. The Committee is still awaiting observations or information from the governments concerned in the cases relating to: Spain (No. 1561), Morocco (Nos. 1640, 1646, 1687, 1691 and 1712), Nicaragua (No. 1649), Costa Rica (Nos. 1678, 1695, 1770, 1780 and 1781), Canada (No. 1737), Argentina (No. 1744), El Salvador (No. 1754), Bulgaria (No. 1765), Ecuador (No. 1767), Iceland (No. 1768), Cameroon (No. 1772) and Australia (No. 1774).

Observations requested from complainants and/or governments

6. In Case No. 1598 (Peru), the Committee is awaiting comments and observations from both the complainant and the Government. In Cases Nos. 1736 and 1741 (Argentina) and 1738 (Canada/Newfoundland), the Committee is awaiting comments from the complainants. The Committee requests the complainants and the Government concerned to transmit, without delay, the observations and information requested.

Partial information received from governments

7. In Cases Nos. 1527 and 1541 (Peru), 1719 (Nicaragua), 1761 and 1787 (Colombia), 1773 (Indonesia) and 1777 (Argentina), 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.

Observations received from governments

8. The Committee intends to examine the substance of Cases Nos. 1676 and 1685 (Venezuela), 1758 and 1779 (Canada), 1766 (Portugal), 1776 (Nicaragua), 1784, 1794 (Peru), at its next meeting.

9. In Cases Nos. 1682, 1711 and 1716 concerning Haiti, the Committee faced a specific procedural problem since the allegations against the military authorities who then exercised control in Haiti could only be transmitted to the Haitian Government recognized by the international community, even though the latter could not be held responsible for the acts which are the subject of the complaints. Now that the Government has returned to the national territory, the Committee requests it to provide its observations and information on the evolution of the situation with respect to the facts alleged in the complaints.

10. The Committee has received two new communications dated 4 and 29 July 1994 from the complainant in Case No. 1641 (Denmark), examined by the Committee at its June 1994 Session. The Committee has taken due note of the complainant's request that the case be reopened and that its conclusions be reconsidered based on the information previously provided in the complaint. The Committee would first like to recall that this complaint was presented by the Danish Confederation of Professional Associations (AC) in April 1992. Since that time, the Committee has been obliged to adjourn the examination of the case on a number of occasions due to the transmittal by the complainant of additional information just prior to or during the Committee's sessions. According to regular procedure, these communications were transmitted to the Government which was granted a sufficient period of time to reply. The Committee received once again two new communications from the complainant just prior to (27 May 1994) and during (14 June 1994) its June 1994 Session. These communications were brought to the attention of the Committee, but as they did not bring to light any new substantive information, the Committee decided to examine the case on the information which was available to it at that time taking into account both the complainants' allegations and the Government's replies. The Committee would recall that, in paragraph 77 of its 294th Report, it had determined that this case did not call for further examination. Given that the two communications presented by the complainant in July do not contain any new information bearing on the case, the Committee has decided not to reopen the case and reconfirms its previous conclusions.

11. As regards Case No. 1785 (representation submitted by the independent Self-Governing Trade Union "Solidarnosc", by virtue of article 24 of the ILO Constitution, concerning the violation by Poland of provisions of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)), the Government sent its observations in a communication dated 23 September 1994. The complainant organization is demanding the restitution of all its assets which were confiscated following the imposition of martial law and the distribution of assets of the Central Council of Trade Unions, dissolved in 1981. In its communication, the Government states in particular that, very soon, a new round of negotiations will be held with the representatives of the complainant organization and with those of the National Alliance of Polish Trade Unions (OPZZ), and that in its view, agreement can still be reached on the distribution of assets of the Central Council of Trade Unions. The Committee takes note of this information and calls on the concerned parties to negotiate in good faith so that an equitable solution can be found. The Committee requests the Government to keep it informed of the outcome of these negotiations. It will examine the case at its next meeting following the transmission by the Government of the outcome of these negotiations.

Request to accept a direct contacts mission

12. As regards Cases Nos. 1512, 1539, 1595, 1778 and 1786 (Guatemala), concerning a great number of allegations which relate to murders, physical attacks, death threats and arrests of trade unionists, the Committee expresses its concern over the seriousness of the issues raised and considers that a direct contacts mission would be very useful in order to obtain the necessary information and to examine the allegations in full knowledge of all the facts. The Committee requests the Government to accept such a mission and proposes to examine these cases on the basis of the mission report.

Urgent appeals

13. As regards Case No. 1612 (Venezuela), 1693 and 1757 (El Salvador), 1733, 1747, 1748, 1749 and 1750 (Canada), 1740 (Guatemala), 1753 (Burundi) and 1762 (Czech Republic), the Committee observes that, despite the time which has elapsed since the presentation of these complaints or since their last examination, 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 these cases, even if the observations or information 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.

14. The Committee draws the legislative aspects of Cases Nos. 1756 (Indonesia) and 1771 (Pakistan) to the attention of the Committee of Experts on the Application of Conventions and Recommendations.

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

15. As regards Case No. 1417 (Brazil) concerning the murder of trade union leaders, the Committee had requested the Government at its March 1994 meeting (see 292nd Report, para. 12) to provide information on the sentence handed down by the Court of Appeal in relation to the judicial inquiry into the murder of the trade union leader Mauro Pires as well as to keep it informed on the outcome of the trial concerning the death of Teixeira do Carmo. In communications of 28 April and 30 May 1994, the Government states that: (1) the Court of Appeal has not yet handed down a sentence in the case of the trade union leader Mauro Pires and that it would provide information on this matter at the appropriate time; and (2) that after the trial and in the absence of specific elements concerning the allegations of murder of Teixeira do Carmo, it has not been in a position to determine the existence of the alleged facts. The Committee takes note of these observations and requests the Government to communicate the text of the sentence handed down by the court of Appeal concerning the death of the trade union leader Mauro Pires.

16. As regards Case No. 1509 (Brazil) concerning the murder of the trade union leader Valdicio Barbodsa dos Santos, the Committee had requested the Government at its March 1994 meeting (see 292nd Report, para. 14) to keep it informed of the outcome of the judicial investigation under way. In a communication of 3 June 1994, the Government states that a special delegate has been made responsible for this investigation and that it will communicate to the Committee any information obtained by this delegate. The Committee takes note of this information and requests the Government to keep it informed of the final outcome of this investigation.

17. As regards Case No. 1575 (Zambia), last examined by the Committee at its March 1994 meeting (see 292nd Report, para. 17), the Government had been requested to keep the Committee informed of any amendments made to the Industrial Relations Act 1993 with a view to removing the following limitations: minimum membership (100) for the establishment of a trade union (section 9(1) and (2)); ban on multiple office-holding (sections 18(3) and 30(3)); ban on strikes in certain mining operations (section 107(10)(f); police powers in case of strikes in essential services (section 107(6)). In a communication dated 23 August 1994, the Government has indicated that the Committee's observations on the above points have been noted and that they will be taken into account when the Industrial Relations Act is reviewed. The Committee hopes these amendments will be adopted quickly and asks the Government once again to keep it informed of any amendments made to the legislation to give effect to its previous recommendations on these points.

18. Regarding Case No. 1622 (Fiji), at its March 1994 meeting (see 292nd Report, para. 20), the Committee had noted with interest the Government's statement that certain legislative amendments were under way to bring its legislation into conformity with freedom of association principles, and had requested it to provide copies of the texts in question once they had been adopted. In a communication of 1 June 1994, the Government sent copies of the legislative texts which repeal the following provisions: (1) section 5(1)(a) of Decree No. 42 of 1991 (amending the Industrial Associations Act) as regards conditions on eligibility for trade union office and, in particular, the ban on multiple office-holding for trade union officials (the Government confirms in this respect that, by virtue of said amendments, the legal proceedings commenced against Mr. Chaudry have been withdrawn); (2) section 10(B)(2) of the Trade Unions Regulations (Amendment) Regulations, 1991, limiting strike ballots to a six-week validity period; (3) section 9 of the Trade Unions Act (Amendment) Decree No. 44, requiring trade unions to hold secret ballots when they seek financial support from outside the country. Moreover, the Government confirms that the Public Service Commission of Fiji (the employer) has restored the check-off to all public service unions without seeking any precondition with the unions involved. The Committee notes with interest the legislative amendments adopted by the Government, giving trade union organizations the necessary autonomy to elect their representatives and organize their administration and activities, and restoring without any precondition the check-off.

19. As regards Case No. 1652 (China), at its March 1994 meeting (see 292nd Report, paras. 368-401), the Committee had requested the Government: (1) to take, as soon as possible, measures to amend the Trade Unions Act of April 1992, in order fully to recognize the freedom of association principles which guarantee workers without distinction whatsoever the right to establish organizations of their own choosing, and give trade unions the right to draw up their constitutions, to organize their administration and activities and to formulate their programmes in full freedom, as well as to guarantee the observance of these rights in practice (the Committee had also requested the Government to keep it informed on any progress in this respect); (2) to cancel the expulsion decision issued against Mr. Han Dongfong, so that he could enter his country and, if he so wished, exercise his trade union activities in full freedom, and to keep it informed of measures taken in this respect; and (3) to initiate the required steps to ensure that the case of eight detained trade union leaders and activists of the Autonomous Workers' Federation (WAF) named in the complaint, be re-examined with a view to releasing them, and to keep it informed of the measures taken in this respect. In a communication of 28 July 1994, the Government informed the Committee of the release of Mr. Liu Xingqi, one of the trade unionists whose detention had been complained of and in respect of whom the Government itself had pointed out that he had been sentenced to five years of imprisonment for theft. The Committee notes with satisfaction the release of this trade unionist. However, it observes that the Government has not provided the other information requested and it requests it to do so rapidly.

20. In Case No. 1677 (Poland), at its May 1993 meeting (see 287th Report, paras. 343-369), the Committee had expressed the hope that the amendments to the Act of 25 October 1990 would rapidly come into force so as to give effect to the decisions of the Constitutional Court and the Diet in order to provide the trade union organizations with a complete and definitive legal framework within which the restitution of trade union property could be effected with the full participation of the organizations concerned. It had requested the Government to keep it informed of any progress made in the situation. Moreover, the Committee had requested the Government, the complainant organization and other interested trade union organizations to continue to make every effort to settle the restitution of trade union property by means of agreements and to keep it informed of any progress made in this situation. In a communication of 4 July 1994, the Government reiterates the statement that it had made in its previous reply and adds that due to the change of members of Parliament in June 1993, the amendments to Act No. 25 have not yet been made. The Committee takes note of the Government's observations. It reiterates its recommendations of May 1994 and refers to what it stated in Case No. 1785 (Poland). The Committee requests the Government to keep it informed in this respect.

21. In Case No. 1704 (Lebanon), which deals with the incompatibility between the draft Bill on trade union structure and the Committee's principles of freedom of association, the Committee had, at its May 1994 meeting (see 294th Report, paras. 135-161), drawn the Government's attention to the fact that many provisions of the draft Bill were not in conformity with the principles of freedom of association. It had requested the Government to prepare a new draft Bill taking into account the comments formulated by the Committee in its conclusions. In a communication of 12 August 1994, the Government states that it is currently amending the legislation and that, to this end, it has set up a Commission of senior civil servants and experts. It adds that those amendments will be made taking into account international Conventions that have been ratified, the jurisprudence of national courts and the realities of Lebanese society. The Commission has prepared a draft text which has been distributed to trade union and professional organizations as well as to experts so as to enable them to submit their comments on the matter. Finally, the Government states that in drafting the final version of the Bill, the Commission will take into consideration the observations and viewpoints of all parties in accordance with the legislation in force. The Committee takes note of the Government's observations, and as pointed out in its previous recommendations, it expresses the hope that the new Bill, unlike the previous one, will confine itself to defining a general framework within which trade union organizations can choose the trade union structures they wish to establish. Similarly, the Committee expresses the hope that the new legislation will be in full conformity with the principles of freedom of association and reminds the Government that the technical assistance of the International Labour Office remains at its disposal.

22. As regards Case No. 1724 (Morocco), at its June 1994 meeting (see 294th Report, paras. 347-371), the Committee had urged the Government to take measures to release immediately all persons arrested for normal trade union activities and to reinstate them in their jobs (six strikers employed in Sidi-Kacem in the El Baraka agricultural enterprise, including Mr. Mohammed Zarzour, secretary-general of the UMT trade union in the enterprise; the person arrested on 14 July 1993 during a trade union demonstration by staff of the Ministry of National Education) and to keep it informed of developments in the situation of these persons and to transmit the texts of the sentences made against them. The Committee had also requested the Government to transmit the verdict in the case of the 12 striking deep-sea fishermen arrested on 17 July 1993 and the texts of the rulings handed down on appeal concerning the 12 workers in the SOCAFIR enterprise. Moreover, as regards the allegations concerning the violent intervention of the police to disperse striking workers (in particular during strikes in the SOCAFIR, SICOPAR, El Baraka and PLASTIMA enterprises as well as during a demonstration by staff of the Ministry of National Education), the Committee had requested the Government to carry out an independent, impartial and in-depth inquiry to determine the nature of the action alleged by the complainant organization and to keep it informed of the outcome of this inquiry. In a communication of 20 July 1994, the Government states that the common factor in the complaints presented by certain Moroccan trade unions is that they are linked to collective labour disputes concerning working conditions, and the main reason for the wide scale of these disputes is due to the ignorance of the borderline between the right to strike and the right to work. More specifically, the Government states in respect of the allegations of the anti-union attitudes of the SOCAFIR, SICOBAR, El Baraka, PLASTIMA and MARPHOCEA enterprises that in certain cases the workers had initiated judicial proceedings to reclaim their rights and that agreements on the reinstatement in their posts or compensation of the dismissed workers had been made. In other cases, these allegations were not well founded. The Committee takes note of this information and reiterates its previous recommendation that legislation must make express provision for appeals and establish sufficiently dissuasive sanctions against acts of anti-union discrimination and acts of interference by employers against workers and workers' organizations to ensure the practical application of Articles 1 and 2 of Convention No. 98. Consequently, the Committee once again urges the Government to adopt as soon as possible legislative or other measures to ensure the application of the Convention and to keep it informed of any progress made in this respect. Finally, regretting that the Government has not provided any of the information requested on the arrests, the judicial proceedings under way and the acts of violence by the police against striking workers and demonstrators, the Committee requests the Government once again to transmit this information as soon as possible.

23. As regards Case No. 1726 (Pakistan), at its June 1994 meeting (see 294th Report, paras. 372-419), the Committee had requested the Government: (a) to amend its legislation in order to ensure the right to organize and bargain collectively for workers in accordance with Conventions Nos. 87 and 98; (b) to ensure that registration is granted to the Awami Labour Union-Daewoo Motorway Construction Project; (c) to establish an independent and impartial inquiry into the reported arbitrary detention and torture of Daewoo workers; (d) to keep it informed of the situation of the Daewoo workers reportedly arrested and charged with illegal assembly; (e) to ensure the reinstatement of the approximately 395 union members dismissed from Daewoo for exercising their trade union rights; and (f) to investigate the allegations of anti-union tactics on the part of the Daewoo Corporation. In its communication of 8 September 1994, the Government addresses three points: the situation of workers in export processing zones; the question of the registration of the Daewoo union; and the Pakistan Essential Services (Maintenance) Act, 1952. First, the Government indicates that workers in the Karachi Export Processing Zone (KEPZ) are guaranteed better facilities and benefits due to the sophisticated management style introduced in that organization and adds that workers there have been happy with their working life and there is no bar on their right to association which is otherwise constitutionally guaranteed. As concerns the registration of the Awami union, the Government states that the question is still pending before the Labour Appellate Tribunal upon the appeal made by the Registrar of Trade Unions. It states that the Ministry of Labour, above and beyond this litigation, has requested the provincial Government to see to it that the applicant union is registered in accordance with the provision of the law, but adds that it cannot issue directions to the provincial Government in contravention of the latter's legislative rights. Finally, the Government recalls that the provisions of the Pakistan Essential Services (Maintenance) Act are limited in time and applied only in case of essential and public utility services. Nevertheless, the Government declares its intention to further limit its scope of application by reducing the frequency of its application. While noting this information, the Committee must, however, express its regret that the Government has not provided any information concerning the investigations into the reported arrests, detention and torture of workers at the Daewoo Motorway Construction Project, nor with respect to the measures taken to reinstate the workers dismissed for having legitimately exercised their trade union rights. The Committee once again urges the Government to take the necessary steps to ensure an independent and impartial investigation on these points and to keep it informed of the findings and the measures taken to redress the situation. The Government is also requested to continue to keep it informed of the steps taken to ensure the registration of the Awami union and to amend the above-mentioned legislation so as to ensure the right of workers to organize and bargain collectively.

24. Finally, as regards Cases Nos. 1556 (Iraq), 1557 (United States), 1568 (Honduras), 1581 (Thailand), 1590 (Lesotho), 1623 (Bulgaria), 1628 (Cuba), 1630 (Malta), 1656 (Paraguay), 1675 (Senegal), 1688 (Sudan), 1697 (Turkey), 1705 (Paraguay), 1706 (Peru), 1713 (Kenya), 1714 (Morocco), 1722 and 1735 (Canada/Ontario), 1742 (Hungary), 1746 (Ecuador), 1759 (Peru) and 1760 (Sweden), 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. In Cases Nos. 1434/1477, 1686, 1702 and 1721 (Colombia), 1569 (Panama), 1618 (the United Kingdom) and 1710 (Chile), the Committee received information from the governments concerned just prior to or during its meeting. It will examine these cases at its next meeting.