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Committee on Freedom of Association
cites progress in Indonesia and Nigeria
The ILO's Committee on Freedom of Association has found progress in enforcing respect for workers' right to organize in Indonesia and Nigeria. The finding was presented during the Committee's most recent meeting, held to examine cases of non-respect of workers' right to organize * at the ILO on 18 June. The Committee examined 23 of the 78 cases pending before it on the basis of merit, reaching definitive conclusions in 13 cases and interim conclusions in 10. Here are its conclusions:
In a case first examined in March 1995, very serious allegations of violations of trade union rights relating to the denial of workers' right to establish organizations of their own choosing, the persistent interference by government authorities, the military and employers in trade union activities, and restrictions on collective bargaining and strike action were reviewed. The Committee was able to note with interest that a series of measures had been taken by the Indonesian authorities over the past year which constitutes significant progress with regard to freedom of association in Indonesia. The Committee trusted that this progress would continue and enable the industrial relations system prevailing in Indonesia to be brought fully in line with freedom of association principles.
In view of the substantial progress noted by the supervisory bodies as regards the trade union situation in Nigeria, the Governing Body decided to discontinue the procedure that it initiated, under article 26(4) of the ILO Constitution. This procedure provided for the establishment of a Commission of Inquiry on the question of the effective observance by Nigeria of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).
The allegations in this case concerned denial of the right of school principals and vice-principals to organize, bargain collectively and strike. The Committee drew up interim conclusions in this case and requested the Government to take the necessary measures to ensure that school principals and vice-principals could form and join the organization of their own choosing and could enjoy effective protection against anti-union discrimination and employer interference.
The allegations in this case concerned violations of the basic civil liberties of trade unionists as well as their detention and the harassment of family members of trade unionists. The Committee concluded that several provisions of national legislation were contrary to the fundamental principles concerning the right of workers, without distinction whatsoever, to form and join organizations of their own choosing, and the right of trade unions to establish their constitutions, organize their activities and formulate their programmes. The Committee urged the Government to ensure that several provisions of its legislation were amended in this respect. The Committee also urged the Government to ensure the immediate release of several trade union leaders.
The Committee recalled very serious allegations of violations of freedom of association, in particular government interference with the functioning of the Ethiopian Teachers' Association (ETA) and "killing, arrest, detention, harassment, dismissal and transfer of ETA members and officials". The Committee also deplored the fact that Dr. Woldesmiate, ETA President, was detained for two months before charges were laid and that he has remained in detention for three years since May 1996, without being brought to trial. It strongly urged the Government to take the measures necessary to secure the immediate release of Dr. Woldesmiate, and to inform the Committee on action taken in this regard.
* 316th Report of the Committee on Freedom of Association (GB.275/4/1) and Report of the Officers of the Governing Body (GB.275/8/2), 275th Session. International Labour Office, Geneva, June 1999.