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268th Session of the ILO Governing Body
At its recent session, the Governing Body called on authorities in a score of countries to free detained trade unionists, expedite labour law revisions and take other actions. The GB also praised some states for taking actions that will facilitate collective bargaining and reintegreate fired workers into the workplace.
Denouncing endemic violence against trade unionists - including murder, disappearance, intimidation and harassment in Colombia, Nigeria and Sudan - the Governing Body of the International Labour Office called for revisions to labour law and practice in these and 17 other countries. The Governing Body also appealed to the Government of Korea to examine the possibility of a high-level tripartite mission in order to ensure that ongoing revisions to labour law are consistent with the principles of freedom of association.
It noted with satisfaction revisions to Canadian (Yukon) legislation that will facilitate collective bargaining in the teaching profession and the reintegration of fired workers in Malaysia.
The recommendations, presented in the Report of the ILO's Committee on Freedom of Association, were adopted unanimously by the ILO Governing Body at its first 1997 session which ended on 26 March. The Report presents definitive conclusions on 14 complaints of infringement of trade-union rights and interim conclusions on ten complaints. Overall, the Committee considered 73 cases of infringement of trade-union rights in 41 countries.
The Committee on Freedom of Association, established in 1951, oversees compliance with the fundamental principles of freedom of association, which guarantee, inter alia, the right of workers to organize and to engage in collective bargaining. It meets three times annually and consists of three government representatives, three employer representatives and three worker representatives.
Below are summaries of the Committee reports:
The Committee's report underscored the "persistent deterioration of trade union rights in Nigeria." It said a series of actions and decrees issued since 1994 indicated "a systematic approach to diminishing trade union rights." The Committee "reiterated in the strongest possible terms the Governing Body's appeal to the Government to accept an ILO mission at the earliest possible date." The subject of numerous rulings by ILO supervisory bodies, Nigeria was cited in a special paragraph by the 1995 and 1996 International Labour Conferences for non-respect of the civic liberties essential to trade union rights.
While recognizing that "the complex and serious climate of violence prevailing in Colombia," affects all segments of society, the Committee noted that, in particular, "the trade union movement has been subject to serious attacks." In light of the large number of unsolved acts of violence, the Committee stressed "the total ineffectiveness of the judicial system and the intervention of a separate military jurisdiction concurrently within the civil sytem."
In particular, the Committee expressed "serious concern" at the extent of "violent death, disappearances and other acts of violence against trade union officials and members, as well as raids on trade union headquarters and trade union members' homes."
A special mission of the ILO mission to Colombia (carried out from 7 to 11 October 1996) described the country's civil strife as "one of the most virulent and persistent in the world," estimating the number of murders committed in 1995 "at between 25,000 and 30,000, not counting other kinds of attack."
In particular, it said that the judiciary needs strengthening: "If the population becomes disenchanted with the justice system, it can be assumed that this will be an additional incentive to resort to violence as a means of settling disputes, even individual ones." As evidence of the inadequacy of judicial resources, the special mission noted that in Bogota, a city of roughly 7 million persons, "there are only 16 labour courts of the first instance."
The Committee members expressed extreme concern at the increase in paramilitary or self-defense groups in many parts of the country "whose acts of violence primarily affect trade unionists in many regions of the country." They called on the Government "to take the necessary measures to dismantle the paramilitary groups which prevent the normal development of trade union activities." As an antidote to the violence, the Committee called for increased "social concertation" notably between labour and capital which could generate "an important contribution to establishing a culture of peace to replace the culture of war."
Regarding "very serious allegations of arrest and detention of trade union members," the Committee urged the Government of Sudan to "take the necessary measures to guarantee that trade union members and officials are not subjected to measures of arbitrary arrest, detention and sentencing."
Complaints lodged by the legitimate Federation of Workers' Trade Unions of Sudan (FSTS) allege violation of workers rights, including the dismissal without appeal of more than 95,000 employees in state-run enterprises. FSTS has also brought allegations of torture and ill-treatment of trade unionists in sectors as diverse as housing, railways, textiles and water and widespread restrictions on trade union activity in the aftermath of the country's legislative revision which led to adoption of the 1992 Trade Union Act.
The Committee also requested the Government to open inquiries into the alleged deaths by torture of a number of prominent trade unionists between 1990 and 1995 (including Mr. Mohamed Babiki, Mr. Yousif Hussain, Mr. Abdel Moniem Suliman, Mr. Abdel Moniem Rahma, and Mr. Wad Medani Gezira) in order to establish the precise circumstances of their deaths and "to take the necessary steps for legal proceedings against the guilty parties and for the redress of the prejudice suffered."
Calling attention to the many and serious incompatibilities between Sudan's Trade Union Act and the principles of freedom of association, the Committee requested the Government of Sudan to review its legislation, drawing particular attention to the legislative aspects regarding the application of the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), which Sudan has ratified.
The Committee appealed to the Government of the Republic of Korea to examine the possibility of a high-level tripartite mission in order to ensure that ongoing revisions to labour law are consistent with the principles of freedom of association.
In response to complaints made by the Korean Confederation of Trade Unions, the Korea Automobile Workers' Federation (KAWF) and the International Confederation of Free Trade Unions regarding a controversial amendment to the Korean labour legislation, the Committee urged the Government to "take the necessary measures to render trade union pluralism legal without delay."
The Committee noted as "an important development," the recent agreement to reopen the debate in the National Assembly on labour legislation, and "trusts that it will lead to further change in accordance with the recommendations it has already made." The Committee asked to be kept informed of ongoing revisions to the legislation and noted with regret that "a number of provisions which are contrary to freedom of association principles include many points which do not appear to have been amended by the new legislation."
The Committee underlined "the importance that it attaches to the recognition of the right of workers to organize without distinction whatsoever, including public servants and teachers", and said that this principle "implies that the Korean Teachers and Educational Workers' Union (CHUNKYOJO) should be registered without delay."
It urged the Government to proceed with the registration of the KCTU as well as of the KAWF, the National Council of Subway Workers' Union and the Federation of Hyundai Group Trade Union.
The Committee expressed concern over the large number of trade unionists detained in Korea and requested the Government to "drop the charges against trade unionists for pursuing their legitimate trade union activities, including strike action, and to release those who are still detained."
During the debate, the government representative of the Republic of Korea mentioned the adoption in recent days of new legislation, which will be examined by the Committee on Freedom of Association when it is again seized of this case.
In response to allegations of intimidation, harassment, arrest and detention of trade union leaders, and at the invitation of the Government, the ILO sent a special mission to Swaziland in October 1996. The report highlights "considerable distrust between the Government of Swaziland and its private sector social partners," following a controversial re-drafting of the country's Industrial Relations Act. It describes the political climate as "intolerant of any trade union activity that is not directly related to workers' shop-floor and labour relations needs."
On the basis of the report and its own deliberations, the Committee on Freedom of Association drew the attention of the Government to "numerous provisions of the Industrial Relations Act which are incompatible with the principles of freedom of association" and urged it to "take the measures necessary in the very near future so that the Act is amended accordingly."
The Committee urged the repeal of restrictions on the rights of organizations to hold meetings and peaceful demonstrations, saying these "can result in serious violation of freedom of association."
Regarding allegations of a 16 year-old schoolgirl being killed by a stray police bullet during a January 1996 stay-away from work, the Committee urged an independent inquiry into the matter in order to determine responsibility. It also requested an independent investigation into the abduction and mistreatment of a leading trade unionist (Mr. Jan Sithole) in 1996.
The Committee also urged revisions to laws used to ban strike action and called for charges against trade unionists to be dropped and for fired trade unonists to be reinstated in their jobs.
In other decisions, the Committee urged:
* the Government of Bangladesh to "take appropriate steps to ensure that the Bangladesh Independent Garment Workers' Union is registered as a trade union organization."
* Regretted, with respect to a complaint involving trade union rights in Bolivia, that the Government failed to send requested information despite the fact that "a state of emergency declared in April 1995 has come to an end" and urged the Government to redress any wrongs that might have been inflicted on trade unionists and reinstate in their jobs "those who might have been dismissed for their trade union activities."
* Requested the Government of Brazil to annul fines imposed on the Single Federation of Oil Workers for their participation in a 1995 strike in the PETROBAS enterprise and urged that provisions of a labour bill presently being examined by the National Assembly omit provisions for fines or sanctions in the case of legitimate strike action, as these may have an intimidating effect on trade unions and their legitimate activities.
* Regretted that provisions of Canada's labour law (Bill C-76) "eliminate for a three-year period any potential forum for the consultation of workers' organizations on matters of job security" and urged the Government to "refrain from imposing any further restrictions on negotiations of job security matters."
* Requested the Government of Costa Rica to reinstate in their jobs the largest possible number of executive board members of the Agricultural Development Institute Employees Union, nine of whom were dismissed. A separate case involving Costa Rica and the National Medical Union was adjourned.
* In a complaint involving the Government of Denmark and the Danish Nurses' Organization (DNO), the Committee ruled that a legislative intervention which put an end to an industrial action in the hospital sector in 1995 "cannot be considered to be an infringement of the ILO principles on freedom of association." However, it considered that the statutory renewal and extension of collective agreements concerning nurses was not in conformity with the principles of free collective bargaining.
* Requested the Government of Ethiopia to carry out independent investigations into allegations of attacks on the premises of the Federation of Commerce, Technical and Printing Industry Trade Unions and the physical assault of the union Treasurer, Mr. Malatu Gurmu.
* Noted, in a complaint involving the murder of a trade unionist in India, Ms. Ahilya Devi, that formal murder charges have been brought and requested the Government to keep it informed of developments in the legal proceedings.
* Regretted that trade union officials in Pakistan, were beaten up and detained in the course of carrying out trade union activities in 1996. It drew attention to the fact that detention of trade unionists for reasons connectd to their activities in the defense of workers "is contrary to the principles of freedom of association."
* Requested, in response to allegations in Peru of mass dismissals of trade union officers, freezing of trade union funds as well as draft legislation contrary to freedom of association, that the Committee be kept informed of legal proceedings. It also urged the Government to ensure that enterprises avoid discriminating against union workers in hiring and, "to take measures to amend legislation" so that workers' and employers' organizations may exercise the right to collective bargaining at all levels.
* Recommended, in response to allegations in Romania of police intervention in a labour dispute and infringements on the right to strike, that the Government take steps to amend legislation and legal provisions restricting the right to strike and to ensure that police intervention "take place in full observance of the elementary guarantees applicable in any system that respects basic civil liberties." In a separate complaint it urged theGovernment "to ensure that the authorities exert no influence or pressure which might in practice affect the exercise of the right to strike."