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 6, 7 and 14 March 1997, under the chairmanship of Professor Max Rood.

2. The members of Indian and Argentinean nationalities were not present during the examination of the cases relating to India (Case No. 1854) and Argentina (Case No. 1867) respectively.

3. Currently, there are 73 cases before the Committee, in which complaints have been submitted to the governments concerned for observations. At its present meeting, the Committee examined 24 cases on the merits, reaching definitive conclusions in 14 cases and interim conclusions in 10 cases; the remaining cases were adjourned for reasons set out in the following paragraphs.

New cases

4. The Committee adjourned until its next meeting the examination of the following cases: Nos. 1911 (Ecuador), 1914 (Philippines), 1915 (Ecuador), 1916 (Colombia), 1917 (Comoros) and 1918 (Croatia), 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.

Observations requested from governments

5. The Committee is still awaiting observations or information from the Governments concerned in the following cases: Nos. 1805 (Cuba), 1876 (Guatemala), 1888 (Ethiopia), 1892 (Guatemala), 1894 (Mauritania), 1895 (Venezuela), 1897 (Japan), 1898 (Guatemala), 1899 (Argentina), 1902 (Venezuela) and 1907 (Mexico).

Observations requested from complainants

6. In Case No. 1881 (Argentina), the Committee is still awaiting the complainant's comments. The Committee requests the complainant to send without any further delay the observations and information requested.

Partial information received from governments

7. In Cases Nos. 1512, 1539, 1595, 1740, 1778, 1786 and 1823 (Guatemala), 1773 (Indonesia), 1835 (Czech Republic), 1869 (Latvia), 1887 (Argentina) and 1900 (Canada/Ontario), the Governments have sent partial information on the allegations made. The Committee requests all of these Governments 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. As regards Cases Nos. 1850 (Congo), 1852 (United Kingdom), 1855 (Peru), 1877 (Morocco), 1880 (Peru), 1886 (Uruguay), 1890 (India), 1905 (Zaire), 1909 (Zimbabwe), 1910 (Zaire), 1912 (United Kingdom/Isle of Man) and 1913 (Panama), the Committee has very recently received the Governments' observations and intends to examine the substance of this case at its next meeting.

Urgent appeals

9. As regards Cases Nos. 1812 (Venezuela), 1828 (Venezuela), 1851 (Djibouti), 1863 (Guinea), 1864 (Paraguay), 1872 (Argentina) and 1873 (Barbados), 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.

10. The Committee takes note of communications from a law firm sent on behalf of the Association of Nurses and Radiographers at the County Hospital of Glostrup (Denmark) dated 28 October and 13 November 1996. These communications raise exactly the same issues as those arising out of the complaint of the Danish Nurses' Organization which were dealt with within the framework of Case No. 1882. In these conditions, the Committee decides not to examine this complaint on the merits and refers to the conclusions adopted in Case No. 1882.

11. 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: Bangladesh (No. 1862), Peru (No. 1796), Romania (Nos. 1891 and 1904), Sudan (No. 1843) and Swaziland (No. 1884).

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

Case No. 1723 (Argentina)

12. The Committee last examined this case at its meeting in March 1996 (see 302nd Report, para. 37). The case concerns the dismissals which occurred between 1 January 1959 and 12 December 1983 for political and trade union reasons of unionists employed in banking institutions, as well as the non-observance of Act No. 23523 which protects bank employees dismissed for political or trade union reasons. During its last examination, the Committee expressed the hope that the parties would be able to reach an agreement as quickly as possible.

13. In its communication dated 8 October 1996, the Bank Association states that, following a tripartite meeting on 23 May 1995 where the representatives of the employers and of the unions put forward their positions, and after sanctions had been imposed on the banks which violated Act No. 23523, the Government has not convoked any new tripartite meetings nor has it undertaken any legal proceedings with the goal of requesting the full implementation of Act No. 23523 (the complainant organization adds a list of dismissed workers and the names of the banks which have not applied Act No. 23523).

14. In a communication dated 5 February 1997, the Government states that it is going to transmit the list of dismissed workers sent by the complainant organization to the banks requesting them to provide information on the status of the re-examination of the persons mentioned with a view to a further evaluation of the situation, in line with the Committee's recommendations. The Committee takes note of this information. Recalling once again the importance it attaches to the effective implementation of Act No. 23523, the Committee requests the Government to continue to make all efforts to find a negotiated solution as quickly as possible.

Case No. 1777 (Argentina)

15. When examining this case at its meeting in November 1995, the Committee requested the Government to take measures for the immediate registration of the Congress of Argentine Workers (CTA) (see 300th Report, para. 73). In its communications dated 24 May and 16 July 1996, the Congress of Argentine Workers (CTA) and the World Confederation of Labour (WCL) reiterated the procedures followed since May 1993 for the registration of the CTA and stated that, despite the recommendations of the Committee on Freedom of Association in this respect, the Government has not issued the corresponding administrative decision for registration. In its communication dated 14 January 1997, the Government states that the CTA has been made aware of the administrative action taken for the resolution of the matter which takes into account a legal opinion, and that this position was being studied. Moreover, the Government indicates that the CTA officers had held several meetings with the authorities of the Ministry of Labour concerning this question. While noting this information, the Committee deplores that the trade union organization in question has still not been registered despite the fact that three years have passed since the registration was requested. In these circumstances, the Committee, reiterating that this is a matter of serious violation of Convention No. 87, urges the Government once again to take the necessary measures for the immediate registration of the CTA.

Case No. 1837 (Argentina)

16. The Committee examined this case at its meeting in June 1996 (see 304th Report, paras. 40-56) and requested the Government to keep it informed of the developments in the legal proceedings brought in connection with the acts of violence that occurred during the demonstrations and strikes organized in the provinces of Tierra del Fuego, Corrientes and San Juan, especially as they relate to the death of the worker Víctor Choque, the injuries sustained by unionists Juan Roberto Vera and Alejandro Vásquez and the assault and denial of freedom of which Eloy Camus and Juan González were victim. The Committee also requested the Government to keep it informed of the legal proceedings brought by the police against the trade union leader Juan González.

17. In a communication dated 14 January 1997, the Government stated that: (i) the legal proceedings relating to the provisional detention of Juan González in the province of Corrientes are currently in the inquiry stage; (ii) in the affair of the homicide of Víctor Choque, a police officer was sentenced as the person responsible for his death to nine years in prison, but this verdict is being appealed and; (iii) it was not possible to obtain information on the subject of the legal proceedings relating to the abduction of Eloy Camus in the province of San Juan. The Committee takes note of this information and requests the Government to keep it informed of the results of these legal proceedings.

18. The Committee also requests the Government to keep it informed of the judicial inquiry under way concerning the injuries sustained by Juan Roberto Vera and Alejandro Vásquez, as well as the legal proceedings brought by the police against the trade union leader Juan González.

Case No. 1849 (Belarus)

19. At its meeting in March 1996, the Committee requested the Government to: repeal Order No. 158 of 28 March 1995 to the extent it includes organizations and enterprises not providing essential services as defined by the Committee; implement fully the decision of the Constitutional Court which declared certain articles of Decree No. 336 to be unconstitutional; take the necessary measures, without delay, to ensure the reinstatement in their jobs of all workers dismissed in connection with the strikes in Minsk and Gomyel in August 1995; immediately set up an independent commission of inquiry to clarify all the facts relating to this case and to keep it informed of the conclusions reached by the Procurator of the Republic and the commission of inquiry in this regard (see 302nd Report, para. 222).

20. In its communication of 9 September 1996, the Government indicates that the Constitutional Court considered a petition presented by the Permanent Commission on Social Policy and Labour of the Supreme Council of the Republic of Belarus on 20 June 1996 for an independent examination, with ILO experts, of the compliance of Order No. 158 with the Constitution and the laws of Belarus. According to the Government, the Constitutional Court ruled not to act on the petition and asked the Supreme Council to eliminate, by 15 September 1996, the contradiction between section 16(1) of the Act on the procedures for settling collective labour disputes which provides the list of enterprises where strikes are prohibited and section 13(2) of the same Act which stipulates the notification dates for strikes in those enterprises listed in section 16. Court procedure on the case has been suspended.

21. As concerns the dismissal of workers for having participated in strike action, the Government recalls that the illegal nature of the strikes in question had been recognized by the Minsk City Court of First Instance. It indicates that, on this basis, 15 persons were fired from Gomyel enterprise (trolleybus), five of whom have been taken back into the enterprise and another reinstatement is still under consideration. None of the Minsk Motor Enterprise employees have been re-employed and the Minsk City Executive Council has taken a number of measures to assist those fired at Minsk Metro with employment. In this respect, the Government also provides certain detailed information on court cases for reinstatement which had already been considered by the Committee in its first examination of the case.

22. The Committee notes this information. As concerns the Committee's recommendation to repeal from the list of Order No. 158 those enterprises and industries which it does not consider as essential services, while noting that the Constitutional Court has requested the Supreme Council to eliminate a contradiction between two sections of the Dispute Settlement Act, the Committee regrets that no steps have been taken to amend Order No. 158 to ensure that transport services, such as the Minsk Metro, are not excluded from the right to strike. The Committee therefore urges the Government to take the necessary measures to amend Order No. 158 in this respect and to keep it informed on the progress made in this regard.

23. As concerns the dismissal of workers participating in the August 1995 strikes in Minsk and Gomel, the Committee notes the Government's indication that five persons among 15 dismissed at the Gomel enterprise (trolleybus) have been reinstated. It notes with regret however that none of the other dismissed workers either at Minsk Metro or at Minsk Motor Enterprise have been reinstated and that the Government continues to insist that these dismissals are justified by the fact that the strike action was declared by the court to be illegal. The Committee finds itself obliged therefore to recall that the right to strike may be restricted or prohibited: (1) in the public service only for public servants exercising authority in the name of the State; or (2) in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of whole or part of the population). The Committee has already indicated in the past that transport generally does not constitute an essential service. (See Digest of decisions and principles of the Freedom of Association Committee, 4th (revised) edition, 1996, paras. 526 and 545.) When last examining this case, therefore, the Committee had come to the conclusion that the strike action in question represented the exercise of legitimate trade union activity. Recalling that there remain 58 workers who were dismissed from Minsk Metro (according to the complainant's initial allegations) and at least ten trolleybus drivers in Gomel, the Committee must once again emphasize that the dismissal of workers for taking part in legitimate strike action constitutes anti-union discrimination in employment and requests the Government to ensure the immediate reinstatement in their jobs of all workers dismissed in connection with these strikes. The Government is requested to keep the Committee informed on the progress made in this regard.

24. The Committee regrets that the Government has not provided any information concerning its recommendation to implement fully the Constitutional Court decision which declared certain articles of Decree No. 336 to be unconstitutional. The Committee finds this all the more disturbing as it has been called upon to examine in this same report another complaint (see Case No. 1885) alleging the continuing implementation of the articles of this Decree which it has already concluded infringe trade union rights. The Committee refers to its previous conclusions concerning Presidential Decree No. 336 in its 302nd Report and calls upon the Government to take immediate steps to revoke those articles of the Decree which interfere with the free exercise of trade union rights, namely articles 1, 2 and 3, and to keep it informed of the progress made in this regard.

25. Finally, the Committee regrets that the Government has not provided any information concerning its recommendation that an independent commission of inquiry be established to clarify the facts relating to this case. While having noted in its previous examination of this case (see 302nd Report, para. 221) that an inquiry was being carried out by the Procurator of the Republic concerning the legality of actions taken by the law enforcement bodies, the Committee had considered that the questions raised by this case went beyond the mandate given to the Procurator. It must therefore request the Government once again to take steps for the immediate establishment of a commission of inquiry, the composition of which would be acceptable to all parties concerned, in order to clarify all the facts relating to this case. It requests the Government to keep it informed both of the conclusions reached as a result of the Procurator's inquiry, as well as of those of the commission of inquiry.

Case No. 1509 (Brazil)

26. The Committee examined this case concerning the murder of the trade union leader Valdicio Barbosa dos Santos at its meeting in November 1996 and requested the Government to continue to keep it informed of the legal proceedings under way (see 305th Report, para. 13). In a communication dated 7 January 1997, the Government states that: (i) they still do not know where Marçal da Rocha, the presumed murderer in question, is; (ii) the defence of Mr. Romualdo Eustaquio Luiz Faria, presumed co-author of the murder, has been presented; (iii) in the legal proceedings, the hearing of the witnesses for the prosecution is now over. The Committee takes note of this information and requests the Government to keep it informed of the final results of these legal proceedings.

Case No. 1806 (Canada/Yukon)

27. At its meeting in November 1995 (see 300th Report, paras. 101 to 129), the Committee had considered that the Public Sector Compensation Restraint Act, 1994, went well beyond what it had previously considered as acceptable measures since it had the effect, amongst others, of extending the term of collective agreements for a period of three years in the education sector (up to July 1997) and of freezing for the same period all forms of remuneration. Furthermore, the Committee had regretted that the Government had not given priority to collective bargaining as a means of determining the wages of workers in the public sector of education and had urged the Government to refrain from having recourse to such measures in the future. In a communication dated 10 January 1997, the Government states that on 11 July 1996, it announced its intention to adopt new legislation the effects of which would be to limit the duration of the measures prescribed by the Act of 1994 to a two-year period and to provide for the return of collective bargaining in the education sector from July 1996. The Government adds that this measure reflects its commitment to give priority to collective bargaining and allow labour relations in the Yukon Territory, as regards the education sector, to return to normal. The Committee takes note of this information with satisfaction.

Case No. 1781 (Costa Rica)

28. At its meeting in November 1996, the Committee requested the Government to indicate the possibilities, according to the terms of the legislation, for applying the agreement of 16 May 1996 (in particular, section 3 concerning dismissals following collective disputes in Geest Caribbean, Ltd.) given the cessation of activities by the company in question in May 1996 (see 305th Report, paras, 17-20, approved by the Governing Body at its 267th Session (November 1996)).

29. In its communication of 6 January 1997, the Government stated that it had inquired of some previous legal representatives of the company and that they had indicated that the company as such did not exist in Costa Rica or elsewhere. Absent any such legal existence, any inquiry with a desired legal effect is impracticable. The Committee regrets having to note this information.

Cases Nos. 1594 and 1846 (Côte d'Ivoire)

30. During its last examination of Case No. 1594 in November 1996, the Committee requested the Government to keep it informed of developments with respect to the reinstatement of the workers dismissed from Irho Lame because of their trade union activities (see 305th Report, paras. 22-25).

31. In a communication dated 24 January 1997, the World Confederation of Labour (WCL) indicated that the workers concerned had still not been reinstated. No proposal for progressive reinstatement has been made by the Government. To the contrary, the workers were reportedly chased from the land where they get their food, some of whom were injured.

32. Furthermore, as concerns Case No. 1846 for which, in November 1996, the Committee had expressed its deep concern at the fact that several trade unionists were still being held in detention and had requested that measures be taken for their immediate release, designating them by name (see 305th Report, para. 25), the WCL indicated that Mr. Hassan Dabone and Mr. Diebre Boukary were still in the Maca prison.

33. Finally, the WCL adds that it is not able to communicate freely with the Dignité union because the telephone lines are regularly cut obstructing all contact with its affiliate for several days. This was the case at the beginning of December 1996 when the Government took measures for the holding of social elections at the autonomous port of Abidjan.

34. In a communication dated 24 February 1997, the Government emphasizes the fact that, contrary to the complainant's allegations, proposals for progressive reintegration of the workers dismissed from Irho Lame, enabling the reinstatement of at least 300 workers, have been formulated by the Minister of Higher Education and Scientific Research and by the management of the enterprise. Furthermore, the Government specifies that 167 workers were reinstated previously without condition.

35. The Government confirms that Hassan Dabone and Diebre Boukary have been kept in preventive detention while awaiting their next appearance before the courts. The material and physical harm suffered by the victims and the perfect state of health of the detainees justifies such a measure. Mr. Dabone and Mr. Boukary have been charged under Act No. 92-464 concerning premeditated violent misdemeanours and assault.

36. Finally, the Government recalls that consultations have been held in order for the elections at the autonomous port of Abidjan to take place in calm and serenity. In common agreement with the trade union organizations, the elections were set for 18 January 1997. In the Government's opinion, the strike at the autonomous port of Abidjan and the fact that some trade union organizations, such as the GODPAA and the SYLIDOPACI, were not able to prove their formation in conformity with the law, rendered elections on this date impossible. The Government considers nevertheless that this delay will enable these organizations to run in the next elections. The Government concludes by denying any allegations concerning the control of communications between the complainant organization and its affiliate, Dignité.

37. The Committee takes note of this information. As concerns the workers dismissed at Irho Lame because of their trade union activities, it urges the Government to take the necessary measures so that they be reinstated as soon as possible and to keep it informed in this regard. Furthermore, it once again requests the Government to keep it informed of the results of the social elections at the autonomous port of Abidjan. As concerns the preventive detention of Mr. Dabone and Mr. Boukary, the Committee recalls that the facts giving rise to this measure occurred in January 1995. In the Committee's opinion, preventive detention of such a long duration is wholly unjustifiable and it must therefore once again urge the Government to take the necessary measures for the immediate release of Hassan Dabone and Diebre Boukary. The Committee requests the Government to keep it informed of all developments in this regard. Finally, as concerns the restriction of communications between the Dignité union and the WCL, the Committee recalls that Article 5 of Convention No. 87, ratified by Côte d'Ivoire, provides that workers' organizations shall have the right to affiliate with international organizations of workers and requests the Government to assure that contacts between these organizations can be established without any hindrance from the authorities.

Case No. 1552 (Malaysia)

38. When it last examined this case at its November 1996 meeting (see 305th Report, paras. 43-46), the Committee noted with interest the Government's indication that the Court of Appeal had ordered the reinstatement of the 21 dismissed workers of Harris Solid-State Sdn-Bhd and requested the Government to keep it informed of any development as regards the implementation of this judgement. In a communication dated 31 January 1997 the Government confirms that 20 workers were indeed reinstated at Harris Solid-State as of 1 October 1996 and one worker was granted medical leave at the worker's request. As for the payment of back wages, the Government indicates that the legal counsel of the employer and of the workers are still in the process of negotiation and that it will keep the Committee informed of any further developments in this regard. The Committee notes this information with interest.

Cases Nos. 1687 and 1691 (Morocco)

39. At its last examination of these cases, the Committee requested the Government to undertake inquiries into the allegations of violations of freedom of association, including bodily injury, in the BISMA, SINET, and FILARSY enterprises (see 305th Report, paras. 397 to 412).

40. In its communication dated 2 December 1996, the Government states that the national legislation recognizes the right to strike and to bargain collectively for workers. The number of strikes called by trade unions in the private and public sectors without any measures being taken against the persons exercising this right is proof. Moreover, the Government adds that, in 1996, it came to an agreement with the social partners on the terms of a declaration according to which they restated their commitment to the free exercise of freedom of association, the conclusion of collective agreements and the reinstatement, within the framework of a tripartite investigatory and conciliation committee, of workers dismissed for their trade union activities. The Government specifies that the committee, which has begun its work, will have before it existing collective disputes and will try to identify solutions which are acceptable to all parties concerned. Finally, the Government indicates that the intervention of the police during certain conflicts was justified by the need to maintain public order and that charges were lodged only against those workers who had broken the law and committed acts of violence.

41. The Committee takes note of this information but nevertheless deplores that the Government has not furnished any specific information concerning the recommendations made when the case was last examined. It once again requests the Government to rapidly undertake an impartial and independent inquiry in order to fully clarify the facts, determine responsibilities and punish those responsible, and to provide, as a matter of urgency, the results of the investigations concerning: (a) Moukhbir Mohammed, General Secretary of the UMT union of the BISMA enterprise, who was reportedly arrested during a 48-hour strike at Sidi Slimane on 26 July 1994 and the subject of physical assault and; (b) the arrests during the same strike at the UMT local headquarters at Sidi Slimane of 11 workers, including the Deputy General Secretary of the local UMT union, Mr. Khallaf Saïd, the General Secretary of the UMT union in the BISMA enterprise, Mr. Moukhbir Mohammed, and his deputy, Mr. Bouzidi Cherkaoui. Finally, the Committee requests the Government to communicate information concerning the appeals lodged by four shop stewards at SINET (Bouna Houcine, Mouzoune Hassan, Attor Ahmed and Lachgar Brahim) and by the seven unionists at the FILARSY enterprise and to keep it informed of the judgements handed down in these cases. The Committee once again expresses the firm hope that, if the court concludes that these workers were dismissed as a result of their trade union activities, the Government will take the necessary measures to enable them to be reinstated in their jobs.

Case No. 1712 (Morocco)

42. At its last examination of this case, the Committee requested the Government to arrange for inquiries into: (a) the anti-union intimidation and pressure reportedly exerted on workers at the Plastima factory in Casablanca in May 1993 and at the Mansour El Dahbi Hotel in Marrakesh in April 1993 and; (b) the police intervention in strikes carried out at the above two places. Finally, the Committee urged the Government to provide information on the situation of named UMT activists who were reportedly incarcerated on the occasion of the strike at the Mansour El Dahbi Hotel (see 304th Report, paras. 365 to 380).

43. In its communication dated 23 January 1997, the Government recalls that the industrial dispute at the Plastima factory was based on the dismissal of 11 workers, three of whom were union representatives. The Government adds that the police had to intervene in this dispute in order to ensure public order and protection of the freedom to work. Finally, the Government specifies that the dispute was reportedly resolved by the signing of a protocol between the parties stipulating the reinstatement of five workers and the payment of indemnities to the other workers concerned. The latter reportedly lodged complaints with the first level court which rejected their appeal. The plaintiffs are still awaiting the results of the appeal which they lodged against this decision.

44. The Committee takes note of this information and requests the Government to transmit a copy of the judgement of the first level court, as well as the decision, once it is made, of the appeal court. It nevertheless deplores that the Government has not furnished any information concerning the situation of workers at the Mansour El Dahbi Hotel in Marrakesh. It requests the Government to keep it informed of the inquiries made into the acts of anti-union intimidation and pressure reportedly exerted on the workers of the hotel and on the police intervention during the strikes carried out there. Finally, the Committee urges the Government to provide information on the current situation of the UMT activists arrested in Marrakesh (Aboul Hanana Abdeljalil, Abou Nouass Latifa, El Hasnaoui Ahmed, Al Korssa Aberahmane, Boukentar Mohamed, Soulal Fatima, Boulal Zohra and Kati Mohammed).

Case No. 1793 (Nigeria)

45. During its last substantive examination of this case in June 1996 (304th Report, para. 13), the Committee urged the Government to take the necessary measures to ensure the immediate release of Mr. Kokori, General Secretary of NUPENG, to repeal immediately Decrees Nos. 9 and 10 dissolving the executive councils of NLC, NUPENG and PENGASSAN and to allow independently elected officials to exercise their trade union functions once again. Absent any response from the Government in the Committee's subsequent report of November 1996, the Governing Body decided to make a pressing appeal to the Government of Nigeria inviting it to respond as soon as possible to the repeated requests made since November 1995 urgently to authorize an ILO mission to examine questions related to past complaints and to visit without impediment trade unionists held in detention, so as to enable the mission to present a report as soon as possible to the Committee. The Government was sent a letter to this effect on 26 November 1996 and subsequently sent a reminder on 5 February 1997. No reply has yet been received from the Government.

46. Since its last examination of this case, several new decrees have been brought to the Committee's attention which appear to indicate an expansive and systematic approach to diminishing trade union rights in Nigeria. In this regard, the Committee would point out in particular the Trade Disputes (Essential Services Deregulation, Proscription and Prohibition from Participation in Trade Union Activities) Decree and the Trade Disputes (Essential Services) (Proscription) Order 1996 of 21 August 1996 which proscribe and prohibit the participation in any trade union activities of the Non-Academic Staff Union of Educational and Associated Institutions, the Academic Staff Union of Universities and the Senior Staff Association of Universities, teaching hospital, research institutes and associated institutions and dissolve the National Executive Council and the Branch Executive Councils operating within any university in Nigeria. Furthermore, the Trade Unions (Amendment) Decree No. 4 of 5 January 1996 restructures the previous 41 registered industrial unions into 29 trade unions affiliated to the Central Labour Organisation (named in the law) and omits from the list of registered organizations 25 previously registered and recognized trade unions of senior staff and ten employers' associations in violation of the right of both workers and of employers to establish and join organizations of their own choosing. Finally, Trade Unions (Amendment) (No. 2) Decree of 16 October 1996 (also referred to as Decree No. 26) amends the Trade Unions Act, inter alia, by granting the Minister the power to revoke the registration of any trade union in the interest of overriding public interest and substituting the right of appeal to the appropriate High Court ensured previously with a right to appeal only to the Minister. Among the various consequences of an administrative revocation of the certificate of registration of a union is the termination of automatic check-off of union dues and the decree provides a fine of 100,000 Naira and/or five years' imprisonment for the contravention of any of its provisions.

47. In the light of the above, the Committee notes with ever-increasing concern the persistent deterioration of trade union rights in Nigeria. Furthermore, it profoundly regrets the lack of cooperation on the part of the Government in respect of the Committee's recommendations in this case and of the Governing Body's repeated calls for the Government to authorize an ILO mission. The Committee finds itself obliged once again to reiterate in the strongest terms the Governing Body's appeal to the Government to accept an ILO mission at the earliest possible date to examine the outstanding matters of this case.

Case No. 1785 (Poland)

48. During its last examination of this case at its meeting in November 1996, the Committee requested the Government to ensure the equitable redistribution of assets between the NSZZ Solidarnosc and the Polish Trade Union Alliance (OPZZ) and requested the Government to keep it informed of any progress concerning the final redistribution. It also requested the Government to furnish a copy of the executive order to be issued by the Minister of Labour determining, in consultation with both trade union confederations, which assets would belong exclusively to one or the other confederation (see 305th Report, paras. 57-59).

49. In a communication dated 13 January 1997, the Government indicates that the executive orders to be issued by the Minister of Labour are being considered and may be completed after the adoption of the Budgetary Act for 1997 in February. This has not however hindered the implementation of the Act amending the Act concerning the restitution of assets forfeited by trade unions which came into force on 4 August 1996 and the Social Commission for Revindication has taken decisions up to the end of 1996 imposing upon the State Treasury an obligation of cash payment or compensation in other (non-cash) forms to various organizational units of NSZZ Solidarnosc. Cash payments may be already effected, whereas compensation in non-cash form will only be possible after the Council of Ministers has issued the necessary executory order. The NSZZ Solidarnosc and the OPZZ have been invited to designate their representatives to the commission responsible for making the inventory list of the real assets of the former trade union association. The commission is expected to begin its work once the Budgetary Act has designated funds for covering the cost of its functioning and the deadline for completion of its work, as provided for in the Act, is 30 June 1997. The Government adds however that the NSZZ Solidarnosc has taken a decision to apply to the Constitutional Tribunal concerning the constitutionality of the Act.

50. The Committee notes this information and expresses the firm hope that an equitable redistribution of the assets will be made between the two trade union confederations in the near future. It requests the Government to keep it informed of all developments in the implementation of the Act on the restitution of trade union assets and of any judgement from the Constitutional Tribunal concerning the constitutionality of the Act.

Case No. 1857 (Chad)

51. As concerns the participation of the Trade Union Confederation of Chad (CST) on joint or tripartite bodies, the Committee requested the Government, where there was any doubt as to the representativity of the CST, to undertake an objective and impartial determination of its degree of representativity and to take appropriate measures in the event that the CST turns out to be the most representative (see 305th Report, paras. 434 to 450). According to the information provided by the CST in a communication dated 19 December 1996, the Committee is able to note an improvement in the situation. Indeed, the Ministry of the Public Service and Labour had requested the CST to designate its representatives to the High Committee for Labour and Social Security and to name its assessors to the labour courts. While noting this information with interest, the Committee also notes that, according to the CST, some problems still exist with respect to the naming of its representatives to other bodies or meetings such as the National Office for the Promotion of Employment. The Committee requests the Government to review this matter so that the CST may also name its representatives to these bodies. It requests the Government to keep it informed in this regard.

Case No. 1727 (Turkey)

52. At its meeting in November 1995, the Committee regretted that the Government had not furnished the information requested in paragraph 332(b) of its 295th Report concerning the functioning without hindrance of the EGITIM-IS union, the withdrawal of legal or administrative proceedings against trade unionists and the annulment of acts of anti-union discrimination. It requested the Government to provide this information as soon as possible (see 300th Report, para. 35).

53. In its communications of 10 January, 9 April and 6 December 1996, the Government stated that: (i) the criminal judicial authorities have decided to declare the cases against the 42 unionists (the names were cited by the Government) as without standing and not to pursue them for the acts committed in violation of the penal code during their union activities; (ii) a trial is under way against the trade union leader Mr. Altunya for having made statements to the press in violation of section 15 of Act No. 657 which prohibits public servants from making such statements; (iii) the administrative tribunal of the prefecture of Aydin has rejected the request to annul the withdrawal of Mr. Hüseyin Mercan's promotion; (iv) the administrative authorities have annulled the decisions to close and to prohibit the functioning of the branches of EGITIM-IS in the provinces of Van and Eskisehir, as well as in the Caycuma township.

54. The Committee takes due note of this information. Nevertheless, it reiterates the recommendations which it made during its first examination of this case (see 295th Report, para. 332(b)) and urges the Government to cease the judicial procedures against Mr. Altunya for having exercised his trade union activities and to annul the acts of discrimination taken against Mr. Mercan (transfer and suspension of promotion).

55. Finally, as regards Cases Nos. 1581 (Thailand), 1618 (United Kingdom), 1623 (Bulgaria), 1685 (Venezuela), 1719 (Nicaragua), 1725 (Denmark), 1726 (Pakistan), 1795 (Honduras), 1809 (Kenya), 1819 (China), 1824 (El Salvador), 1826 (Philippines), 1834 (Kazakstan), 1847 (Guatemala), 1856 (Uruguay), 1858 (France/Polynesia), 1870 (Congo), 1874 (El Salvador) and 1883 (Kenya), the Committee requests the Governments concerned to keep it informed of any developments relating to these cases. It hopes that these Governments will quickly furnish the information requested. Furthermore, the Committee has just received information concerning Cases Nos. 1698 (New Zealand), 1818 and 1833 (Zaire) and 1825 (Morocco) which it will examine at its next meeting.