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, 21 and 27 February 1986. In the absence of its Chairman, Mr. Roberto Ago, the Committee was chaired by Mr. Gabriel Ducray, Government member of the Committee.

2. The members of the Committee of Spanish, Danish and Indian nationality were not present during the examination of the cases relating to Spain (Case No. 1320), Denmark (Case No. 1338) and India (Case No. 1346).

3. The Committee is currently seized of 81 cases in which the complaints have been submitted to the governments concerned for observations. At its present meeting it examined 37 cases in substance, reaching definitive conclusions in 26 cases and interim conclusions in 11 cases; the remaining cases were adjourned for various reasons set out in the following paragraphs.

4. New cases: The Committee adjourned until its next meeting the cases relating to the Philippines (Case No. 1353), Senegal (Case No. 1355), Canada/Quebec (Case No. 1356), Greece (Case No. 1357), Spain (Cases Nos. 1358 and 1362), Pakistan (Case No. 1359), the Dominican Republic (Case No. 1360) and Nicaragua (Case No. 1361), concerning which it is still awaiting information or observations from the governments concerned. All these cases concern complaints brought since the last meeting of the Committee.

5. Adjournments: The Committee awaits observations and information concerning the cases relating to Argentina (Case No. 1220), Burkina Faso (Case No. 1266), Brazil (Cases Nos. 1270, 1294 and 1313), Paraguay (Cases Nos. 1275 and 1341), Nicaragua (Cases Nos. 1298 and 1351), Guyana (Case No. 1330) and the Dominican Republic (Case No. 1339). As regards Cases Nos. 997, 999 and 1029 concerning Turkey, the Government has informed the Committee that it will send its reply as soon as this is finalised. As for Case No. 1352 (Israel), the Committee is awaiting receipt of further information requested from the complainant organisation. In Cases Nos. 1129, 1169 and 1344 (Nicaragua), the Government has sent certain information but other additional observations are awaited. The Committee again adjourned these cases and requests the governments concerned to transmit their observations.

6. The Committee decided to adjourn Case No. 1334 (New Zealand) and the cases relating to the United States (Case No. 1130), Peru (Cases Nos. 1190, 1199 and 1321), Liberia (Case No. 1219), Spain (Case No. 1342) and Australia (Case No. 1345), concerning which the Committee has recently received the governments' observations. It intends to examine these cases in substance at its next meeting.

7. As regards the case concerning the Bahamas (Case No. 1222), the Committee last examined this case at its meeting in May 1985 and submitted definitive conclusions to the Governing Body (239th Report, paras. 138 to 149), in which, in particular, it deplored the fact that, in spite of the numerous requests made to the Government to transmit its observations thereon, the Government had not replied thereto. By a communication of 9 January 1986, the Government has only now transmitted a reply on the case. The Committee decided that the Government should be informed that the Governing Body has already reached definitive conclusions on the matter and that the examination of the case is accordingly closed.

8. As regards Case No. 1250 (Belgium), examined by the Committee at its November 1985 meeting, the Government was requested - so as to enable the Committee to arrive at conclusions in full knowledge of the facts surrounding the refusal to allocate a seat to the National Federation of Independent Trade Unions (UNSI) on the National Labour Council (NLC) and the negative consequences of this both for the private and public sector - to indicate the objective factors which formed the basis of this refusal given that this Federation - as the Government itself admits - has about 100,000 members. On 28 January 1986, the Government sent a detailed reply, with several annexes. It adds, however, that since the complainant has lodged an appeal before the Council of State to annul the Order of the Minister of Employment and Labour concerning the composition of the NLC, it would be preferable that the Committee have the decision before it before arriving at conclusions on UNSI's situation. The Committee considers that it would be useful to know the outcome of the appeal, as well as the decision on the appeal lodged before the Council of State by the Postal Workers' Federation (an affiliate of UNSI) which alleges that it was refused the right to represent workers of this sector by the Minister of Posts and Telecommunications in favour of a liberal trade union which was allegedly not representative. The Committee accordingly requests the Government to supply the texts of the Council of State's decisions on these matters as soon as they are delivered.

9. As regards Case No. 1304 (Costa Rica), which was examined at its May 1985 meeting, the Committee recommended, inter alia, that ILO technical assistance might contribute effectively to the drafting of a text to reform the Labour Code so as to bring it into conformity with Conventions Nos. 87 and 98. The Government subsequently sent certain observations in which, in particular, it states that it will formally request technical assistance from the Office. The Committee takes note of this statement with interest and trusts that the Government will soon send its request for technical assistance as regards this legislative matter.

URGENT APPEALS

10. The Committee observes that, in spite of the time which has elapsed since the last examination of the following cases and the seriousness of the allegations in some of them, the observations or information requested of the governments concerned have not been received: Cases Nos. 1176, 1195, 1215 and 1262 (Guatemala), 1331 (Brazil), 1332 (Pakistan) and 1337 (Nepal). The Committee draws the attention of these governments to the fact that, in conformity with the procedural rules set out in paragraph 17 of the Committee's 127th Report, approved by the Governing Body, it will present a report at its next meeting on the substance of these cases even if the governments' observations have not been received at that date. The Committee accordingly requests the governments concerned to transmit their observations as a matter of urgency.

11. In addition to those cases mentioned in the preceding paragraph the Committee noted with concern the increase in the number of cases in which the replies to complaints have only been transmitted by governments shortly prior to its meetings. The Committee regrets this practice especially where it results in the adjournment of cases. It would accordingly urge all governments against which complaints are submitted to transmit their observations as far in advance as possible of its meetings.

Cases drawn to the attention of the Committee of Experts on the Application of Conventions and Recommendations

12. The Committee draws the legislative aspect of the following cases to the attention of the Committee of Experts on the Application of Conventions and Recommendations: Cases Nos. 1296 (Antigua and Barbuda); 1322 (Dominican Republic); 1326 (Bangladesh); 1329 and 1350 (Canada/British Columbia); 1338 (Denmark), 1349 (Malta) and 1354 (Greece).

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

13. As regards Case No. 792 concerning Japan, the Committee had requested the Government to keep it informed of the outcome of the appeals introduced before the High Court of Tokyo by Messrs. Makieda and Masuda, leaders of the Japanese Teachers' Union (NIKKYOSO). In a communication of 16 December 1985, the World Confederation of Organisations of the Teaching Profession states that, on 20 November 1985, the High Court of Tokyo overruled the lower court and sentenced Mr. Makieda and Mr. Masuda to terms of imprisonment of six months and three months respectively, these sentences being suspended for one year. The WCOTP adds that these trade union leaders have appealed to the Japanese Supreme Court. The WCOTP's communication has been transmitted to the Government for its observations. The Committee takes note of this information and hopes that the Government will send its observations as soon as possible.

14. As regards Case No. 1034 (Brazil), the Committee had requested the Government to keep it informed of any measures taken to restore legal personality to the teachers' associations of the State of Río de Janeiro, whose activities had been suspended by the administrative authorities in August 1979. In a communication dated 14 January 1986, the Government states that, in December 1984, the Federal Appeals Court confirmed the decision of the court of first instance, which had held the suspension and dissolution decreed by the Federal Public Ministry to be illegal. The Government explains that the three associations in question had amalgamated into one, called "The Confederation of Teachers of Río de Janeiro", and that its constitution had been approved in October 1983. The Committee takes note of this information with interest.

15. As regards Case No. 1100 (India), the Committee had requested the Government to keep it informed of the outcome of the Supreme Court case concerning the General Insurance Business (Nationalisation) Act. In a communication dated 30 January 1986 the Government informs the Committee that the case is still sub judice. The Committee takes note of this and looks forward to receiving information on further developments shortly.

16. As regards Case No. 1135 (Ghana), the Committee at its meeting in November 1985 (241st Report, paragraph 21) had reminded the Government of its request to be kept informed of any measure which might be taken to unfreeze the bank accounts of the trade unionists who were in exile. In a communication of 3 December 1985, the Government states that all passports which were seized from those trade union leaders in April 1982 have been returned, their bank accounts have been unfrozen and they are now carrying out their trade union activities without any restraint. The Government adds that those trade unionists who are presently outside Ghana are free to return, and they will not be restrained from carrying out normal trade union activities. The Committee takes note of this information with interest.

17. As regards Case No. 1141 (Venezuela), the Committee had noted that the trade union leaders Andrés Valázquez and Eleuterio Benítez had lodged appeals against their arbitrary dismissal. In a communication dated 6 November 1985, the Government sends the text of the judgement handed down by the Superior Court on Civil, Commercial, Transport and Labour Matters of the Second Jurisdictional Division of the State of Bolivar. This Court held the appeal for legal protection to be without basis. The Committee takes note of this information.

18. As regards Case No. 1191 (Chile), the Committee had requested the Government to keep it informed of developments concerning the alleged ill treatment of several trade unionists, who had appealed to the Supreme Court against the decision which had been handed down by the Military Court. In a communication dated 17 January 1986, the Government states that the Third Public Prosecutor's Office - which is dealing with the matter - has initiated several proceedings with no positive results, and therefore no one has been charged with these crimes. It adds that the matter is still at the indictment stage and is being held in secret so that it is impossible to send more detailed observations on developments and the results of the judicial investigations. The Committee takes note of this information and requests the Government to continue to keep it informed on this matter.

19. As regards Case No. 1225 (Brazil), at its May 1985 meeting the Committee requested from the Government its observations on the situation of a trade union which was still under supervision, as well as on the draft amendments to the trade union laws. In a communication of 15 January 1986, the Government states that by a Ministry of Labour decision dated 17 April 1985 the supervision of trade unions throughout the country was cancelled. As for the amendment of the labour legislation, the new Government (March 1985) is doing its utmost towards the normalisation and strengthening of trade union activities. The Government adds that a draft Bill on strikes and collective bargaining has been prepared and that it will not fail to keep the ILO informed of developments in trade union activities and of any changes which may be made in the trade union laws of the country. The Committee takes note of this information with interest and of the fact that the Government will keep it informed of any new trade union legislation that may be adopted.

20. As regards Case No. 1227 (India), the Committee had requested the Government to inform it of the decision taken by the Special Industrial Tribunal concerning the legality of the retrenchments in February 1983 in the J.K. Synthetics Ltd. factory (State of Rajasthan). In a communication of 1 November 1985, the Government states that the Special Industrial Tribunal has now given its award and that it will communicate the exact position as soon as it receives the text of the award from the State Government. The Committee takes note of this information and looks forward to receiving the information requested at an early date.

21. In Case No. 1230 (Ecuador), the Committee had requested the Government to keep it informed of the outcome of the criminal trial underway into the murder of two trade union leaders, Mr. Pedro Cuji and Mrs. Felipa Pucha. In a communication dated 8 November 1985, the Government states that the Judge of the Second Penal Court of Chimborazo has still not handed down his decision. The Committee takes note of this information and urges the Government to inform it of the decision of the Second Penal Court on this matter.

22. As regards Case No. 1237 (Brazil), the Committee had requested the Government to send a copy of the judgement to be handed down concerning the murder of the trade union leader, Margarida Maria Alves. In a communication dated 14 January 1986, the Government states that the trial is following the normal course and is presently continuing before the Judge of the Alagoa Grande Region (in the State of Paraíba). The Government repeats its promise to transmit a copy of the judgement as soon as it is available. The Committee takes note of this information.

23. As regards Case No. 1297 (Chile), the Committee had requested the Government to continue to supply information on any measure of clemency taken with respect to the persons who were still in exile. In a communication dated 17 January 1986, the Government repeats the information provided previously, according to which the exile of these persons referred to by the complainant had no relation whatsoever to their trade union activities or functions. However, it adds that on 20 December 1985 the Minister of the Interior authorised the return to the country of 30 persons who had been living overseas. The Committee takes note of this information.

24. Lastly, as regards Sri Lanka (Cases Nos. 988 and 1003), United States (Case No. 1074), the Philippines (Cases Nos. 1157 and 1192), Pakistan (Case No. 1175), Canada/British Columbia (Case No. 1235) and the United Kingdom (Case No. 1261), the Committee again requests the governments concerned to keep it informed of developments in these cases. The Committee hopes that these governments will communicate this information at an early date.

25. With regard to Case No. 1264 (Barbados), the Committee regrets that, despite repeated appeals, the Government of Barbados has not replied to the Committee's requests for information. The Committee wishes to recall that it had requested the Government to keep it informed of the outcome of the efforts undertaken by the Chief Labour Officer to grant recognition to the National Union of Public Workers (covering employees of the National Bank) as the most representative union for collective bargaining purposes. The Committee expresses the firm hope that the Government will take the necessary measures to give full effect to the recommendations of the Committee and the Governing Body and that it will transmit, at an early date, the information requested.