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Governing Body meets, examines labour rights,
draft Declaration on Fundamental Rights
and elects new Director-General
The Commission of Inquiry regarding trade union rights in Nigeria was established according to procedures under Article 26 of the ILO Constitution, which are invoked in the event of persistent and serious violations of international labour standards and repeated refusal of a member State to align its labour practices with the recommendations of the ILO's supervisory mechanisms.
The ILO's Committee on Freedom of Association has repeatedly called on Nigeria to release imprisoned trade unionists, end harassment of trade unions and take measures to guarantee respect for the civil liberties essential to trade union rights. In recent findings, the Committee underscored the persistent deterioration of trade union rights and denounced the non-respect of civil liberties in Nigeria.
In its current session, the Committee expressed its "outrage" at the manner in which the Nigerian Government has ignored repeated requests to modify its labour regime.
Ignoring calls for a mission
The Committee said the Government of Nigeria had repeatedly ignored calls for the mission to examine trade union rights in the country and to visit trade unionists detained without trial, at least one of whom has been detained for more than three years. In light of the Government's persistent lack of cooperation, it said "other types of action should be taken in order to enable some progress in the very serious matters raised in this case," which led to the decision to conduct an inquiry under Article 26.
The procedures under Article 26 involve the naming of an independent, tripartite commission of investigators who will hold hearings and, if possible, conduct an on-the-spot investigation in Nigeria before reporting its results to the Director-General of the ILO.
The labour practices of Nigeria were cited in special paragraphs by delegates to the International Labour Conference in both 1996 and 1997. The Commission of Inquiry is a final recourse in the ILO supervisory system. The decisions of the Commission are not subject to appeal by any ILO body. In the event of an unfavourable finding on its labour practices, Nigeria's only recourse would be to the International Court of Justice.
One other country is currently under scrutiny by a Commission of Inquiry - Myanmar, which has repeatedly been cited for the use of forced labour.
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.
Report of the Committee
The latest Report of the Committee on Freedom of Association adopted at the same session of the Governing Body drew special attention to the grave and urgent situations prevailing in Colombia and Sudan, where the exercise of trade union activity is frequently subject to violations of human rights, including the imprisonment, torture, death and disappearance of trade unionists.
In response to widespread allegations of murders and other acts of violence against trade union officials, members and their families in Colombia, the Committee deplored the extent of violence, threats and intimidation directed against Colombian trade unionists and the impunity of the perpetrators. The Committee noted that a large number of violent incidents have occurred in the agricultural and oil sectors, although evidence of violence and intimidation affects workers and unionists in all sectors of activity, including the banking sector. The Committee deplored the impunity that prevails for the perpetrators of these violent acts and noted that since this case was last examined in 1996, "the Government has not provided information on a single case of detention, trial and judgement of those responsible for these acts."
An annex to the report lists 40 trade unionists who were killed or have disappeared since 1996 on which the Government has not communicated its observations. The annex also cites attempted murders, death threats, detentions, raids on homes and targeting of union premises.
The Committee noted that people in the armed forces and police commit illegal and arbitrary acts in the course of their military and police activities and that thousands of Colombians are terrorized by paramilitary groups. It called upon the Government of Colombia to take measures to guarantee the correct comportment of its security forces and ensure respect for human rights.
In response to allegations made by the (legitimate) Federation of Worker's Trade Unions of Sudan of government interference in trade union activity in Sudan, including anti-union reprisals, the arrest of trade unionists and acts of violence against them, the Committee urged the Government to open an inquiry into the arrests and torture of a number of trade unionists and the deaths of two others, and to take legal proceedings against those responsible.
The Committee deeply regretted the lack of response of the Sudanese Government to the allegations, despite the fact that it has been invited on several occasions to provide more information. The Committee pointed out that massive dismissals of workers in the light of Sudan's privatization policy continued in 1997, and underlined the many and serious incompatibilities between Sudan's 1992 Trade Union Act and the principles of freedom of association.
Progress in the Republic of Korea
The ILO's Committee on Freedom of Association noted the progress made on freedom of association in the Republic of Korea. It expressed its pleasure that the new President of Korea, Kim Dae-Jung, ordered an amnesty concerning, in particular, trade unionists detained as a result of their trade union activities. It said that a Ministry of Justice plan to deal fairly, rapidly and leniently with 152 unionists who are the subject of investigation was "welcome news".
In addition, the Committee requested the Government of Korea to speed up the process of legalizing trade union pluralism at the enterprise level, to extend the right of association to teachers, public servants and other categories of public workers subject to restrictions and to register the Korean Confederation of Trade Unions as a trade union organization as soon as possible. The positive assessment and recommendations on the Republic of Korea were made on the basis of a tripartite mission of the Committee on Freedom of Association, the first of its kind, which visited the country in early February.
An improved situation in Djibouti
On the basis of a direct contact mission to Djibouti, the Committee on Freedom of Association also examined the trade union situation in Djibouti. It noted that there are currently no people held in detention for activities relating to the exercise of freedom of association. It was also pleased to note that the keys to the premises of one of the central trade union organizations, which had been closed by the police, were returned to the union leadership, and that many workers dismissed for their participation in strikes and demonstrations have been reinstated in their jobs. The Committee asked, however, that the Government exercise the greatest vigilance in continuing to promote and defend freedom of association in Djibouti.
Draft Declaration on Fundamental Rights
A draft Declaration of principles on the fundamental rights relating to the ILO mandate together with an appropriate follow-up mechanism, will be submitted for approval to the Governments, trade union federations and employers' organizations of the 174 member States of the ILO when their representatives meet for the Organization's annual Conference next June.
"The Governing Body authorizes the Director-General to prepare a draft of a possible Declaration of principles concerning fundamental rights and its follow-up mechanism for the 86th session (1998) of the International Conference, taking into account all the views presented in the debate in the Governing Body", said Mr. Ahmed El Amawy, Egyptian Minister of Manpower and Immigration, and Chairman of the Governing Body, in announcing the decision. "In order to arrive at the most acceptable solutions", he added, "these proposals should be prepared in close consultation with the tripartite constituents" of the ILO, composed of governments, workers' and employers' organizations.
Though its precise content and the modalities for its follow-up have yet to be determined, the draft Declaration is to promote the fundamental principles and objectives of the ILO Constitution which have been developed in the seven "core" Conventions of the ILO 2 relating to the right of freedom of association, the right to organize and to bargain collectively, the abolition of forced labour and of child labour, equal pay for work of equal value and nondiscrimination in employment.
In the course of this session, the Governing Body's Committee on Legal Issues and International Standards took note of the progress achieved in the ILO's drive to promote universal ratification of the "core" Conventions. Since the campaign began, in May 1995, the Committee was told, 82 new ratifications have been registered. The number of countries which have adhered to all seven Conventions has risen during that time from 23 to 35.
The Committee on Technical Cooperation discussed the achievements and future choices of the ILO's International Programme on the Elimination of Child Labour (IPEC). IPEC is recognized as the foremost operational instrument in the worldwide campaign against child labour. The members of the Committee agreed that the programme's strategic direction should be built around the proposed new ILO Convention against the most intolerable forms of child labour, scheduled for discussion at this June's International Labour Conference.
1 The Governing Body - composed of 28 government members, 14 employer members and 14 worker members - is the executive arm of the ILO and takes decisions on the implementation of ILO programmes and policies. It meets three times annually. Ten of the government seats are permanently held by major industrialized countries. The remaining members are elected for three years by governments, workers and employers, respectively, taking account of regional distribution.
The Chairman of this session of the Governing Body was Mr. Ahmed Ahmed El Amawy, Mr. Jean-Jacques Oechslin (France) the employer Vice-Chairman and Mr. William Brett (United Kingdom) the worker Vice-Chairman.
2 Those on freedom of association and collective bargaining (No. 87 and No.98); Forced labour (No. 29 and No. 105); Non-discrimination (No. 100 and No. 111); and Minimum age (No. 138).
The Governing Body of the International Labour Organization elected Mr. Juan Somavia of Chile to serve as the next Director-General of the ILO. He was elected by a vote of 44 votes for his candidacy. A majority of the 56 eligible votes was necessary to be elected. There were no abstentions. Ms Marķa Nieves Roldan-Confesor (Philippines) received 12 votes. Mr. Somavia's five-year term of office begins on 4 March 1999.
In a statement accepting the results of the vote, Mr. Jorge Arrate Mac Niven, Minister of Labour and Social Affairs of the Government of Chile, thanked the Governing Body members for their support and said that "the election of Mr. Somavia marks the first time in the 79-year history of the ILO that a representative of the Southern hemisphere has been elected to the post of Director-General," adding that this was an important day for Chile as the post of Director-General of the ILO is "the highest attained by a Chilean citizen in the UN system to date."
An attorney by profession, Mr. Somavia has had a long and distinguished career in civil and international affairs, serving, inter alia, as Chairman of the preparatory Council of the World Summit for Social Development (held in Copenhagen in 1995) and President of the UN Economic and Social Council (from 1993 to 1994). He has held the post of Ambassador of Chile and served as an Adviser to the Foreign Minister of Chile on Economic and Social Affairs.
Mr. Somavia is currently Permanent Representative of Chile to the United Nations in New York, a position he has held since 1990. He recently served as Representative of Chile in the UN Security Council. He was born on 21 April, 1941, and earned degrees in law and economics from the Catholic University of Chile and the University of Paris.
Voting was by secret ballot, with all 56 titular members of the Governing Body entitled to vote.