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The Workers Group supports the statement by the Rapporteur and asks for the adoption by the Governing Body of the conclusions and recommendations of the Committee. The Committee dealt with five cases concerning Colombia. The worst case (no. 1787) which we have considered at 11 previous occasions, is once more mentioned in a introductory paragraph as a specially serious and urgent case. Since the last report in June 2002, 45 murders, 9 attempted murders and 37 abductions has been reported. So far this year in total 83 murders have been committed. The Committee concludes that the facts suggest that the measures adopted are insufficient to put an end to or reduce the violence directed against trade union officials. The Government has not been able to report any actual convictions of individuals for the murder of trade unionists and the Committee considers that there is "a deeply rooted impunity which not only serves to discredit the credibility of the Government, but also fails to improve the situation" (para 379). Once more the Committee requests verifiable results in dismantling the paramilitary groups and other violent revolutionary groups. The Committee once again asks the Government to deal specifically with the intensive violence against trade unionists in sectors like education, the petroleum industry, health services and municipal and departmental administrations and also in certain regions. It also again request the Government to provide protection for all those whose lives are at danger. The other four Colombian cases demonstrates the frequency of violations of freedom of association at various enterprises and deals with death threats, delayed judicial proceedings, anti-union dismissals and violations of public servants right to bargain collectively. As has been stated earlier by our Rapporteur, the Committee requests that all matters concerning Colombia will be transmitted to the Fact-Finding and Conciliation Commission of the ILO - a request which the Workers Group fully support. The Workers Group naturally expects that the Governing Body will have no difficulties endorsing this recommendation. This existing procedure has perhaps been used too little in the past. I especially want to emphasize the two complementary parts - both to establish the facts and also to promote understanding and acceptable solutions with all three parties concerned. Another extremely worrying case concerns Belarus (case no. 2090), where the Government effectively has taken over the free and independent trade union movement, deliberately interfered in trade union elections and with threats and pressure on workers at enterprise and regional level forced them to leave their former organizations and become government- and management - controlled unions. The report also draws the attention to the conclusion of the Credentials Committee at the last Conference, which considered the nomination of the Workers Delegate to be a clear violation of the ILOs Constitution. The Committee also condemns the clear attempt by the President of Belarus to transform the trade union movement to take upon itself the former party organizations role of securing discipline and societal control. The Committee concludes that a serious deterioration in the respect of trade union rights has occurred in the country. That is also why this case has been mentioned as a special serious and urgent case. Let me here state very clearly that the Workers Group expect the Government, a member of the Governing Body, to immediately stop its repressive policies against freedom of association. Otherwise the Workers Group will be forced to take additional action at the next meeting of the Governing Body. Another case mentioned as serious and urgent concerns Ecuador (case no. 2201). Early in the morning on the 16th of May this year at Los Alamos banana growing ranch, hundreds of armed and hooded men attacked workers on strike and wounding 12 workers, threatening and abusing 60 - 80 workers and looting workers belongings. According to the allegations the employers brought in strike-breakers accompanied by hired assassins. 16 enterprise security guards and 2 policemen are presently held in custody for these criminal acts. The Committee requests the Government to punish the guilty parties, award compensation to the injured and prevent such acts happening again. In the cases 2177 and 2183 on Japan, the Government is being asked by the Committee to withdraw from its stated position that it intends to continue violating ratified ILO conventions in relation to the public sector. The Committee strongly recommends the Government to engage in full consultations with the trade unions with the view to amend the current legislation that prohibits fire-fighters and prison staff from organizing in trade unions, denies all public employees the right to strike and the majority of public employees from the right to bargain collectively, laws which carries heavy penalties in case of legitimate strike action and which also interfere in internal union matters concerning establishing organizations of their own choosing or the term of office for union officials. The Committee here asks the Government to avail itself of technical assistance from the ILO. Since these matters have been raised by the ILO on Japan since almost 40 years, it is indeed our expectation that Japan finally will take ILOs recommendations seriously and meet its obligations. As could be seen in para 629, the Committee felt obliged to specifically point out to the Government that freedom of association principles apply uniformly and consistently among all countries. The Workers Group is concerned by the acts of anti-union discrimination against the trade union of pilots and technicians of Lan Chile in connection with negotiations for a new collective agreement. As could be seen in case 2172 (Chile), these acts have been confirmed by the Government as constituting anti-union practices, involving dismissals, discrimination, actions against collective bargaining and replacement of dismissed unionized pilots by recruiting foreign pilots. The Committee expresses its deep concern and expects that effective and dissuasive sanctions will be imposed without delay by the Government and that the company is prevented from bargaining with pilots individually or with non-unionized groups of pilots for anti-union purposes.. Case 2190 (El Salvador) is another example where state employees are denied their right to organize. As it has done before, the Committee requests the Government to amend the legislation and see to it that the trade union ATRAMEC will be recognized as soon as possible. The Committee also suggests ILO technical assistance. It is indeed the expectation of the Workers Group that the Government, with its new position in the Governing Body, will take measures urgently to follow the recommendations made to it. Case 2195 (Philippines) is yet again an example where a Government declares a strike illegal - a decision which, according to the Committee, instead should be taken by an independent body which has the confidence of the parties involved. Therefore the Committee urges the Government to amend section 263(g) in the Labour Code to bring it in line with the conventions ratified by the Philippines. This has also been requested by the Committee of Experts for several years, without results. Case 2181 (Thailand) deals with the status of an oil company, which according to the Government has been changed from being a state enterprise to a "private public company". As a consequence the trade union BCPEU was dissolved, its registration cancelled, being prevented from bargaining collectively and with an unclear situation regarding the application of the previously negotiated collective agreement. The Committee notes in this regard that a number of freedom of association principles were violated. It requests the Government to restore the legal personality and registration of BCPEU immediately and requests that appropriate measures are taken to prevent this situation to arise in future with regard to the serious consequences the existing legislation may bring about for trade unions in such situations. Mr. Chairman, I regret to have to draw the attention of the Governing Body to case 2154 (Venezuela) - a case which has been mentioned as a special serious and urgent case by the Committee. As could be seen in para 811 the Committee deplores with grave concern that the government still does not appear to be prepared to cooperate with the Committee. The Committee also was bound to recall that justice delayed is justice denied when workers still have not been reinstated and payed wages owed to them despite rulings in their favour. Another case mentioned as specially serious and urgent concerns Zimbabwe (case 2184). The Committee requests the Government to implement the order of the High Court that police intervention should not take place in trade union meetings. The Committee also notes with grave concern the allegations on the attitude by the Government during the election campaign and the intention of the authorities to deregister the ZCTU. The Committee strongly urges the Government to refrain from any action in this respect. Let me say that the Workers Group is deeply worried about the future safety of the trade unionists, taking into account the threats against them by the Government. On behalf of the Workers Group, I regrettably have been forced to deliver a rather long statement on cases where workers rights have been violated - leaving out several cases which merits to be mentioned like Cameroun (case 1995) and Gabon (case 1978). In addition we have the cases of Bosnia and Herzegovina (case 2140) and the former Yugoslav Republic of Macedonia (case 2133), where employers rights are violated and where these Governments demonstrate a total lack of respect for their obligations towards the ILO and the conventions 87 and 98 ratified voluntarily. The question we have to ask ourselves in the Governing Body is if we still are convinced that we are making continued progress in relation to freedom of association? I would like to conclude by making a request to the Office to take measures to spread information more widely on the results of the work of the Committee on Freedom of Association. Apparently the recommendations made by the Governing Body concerning freedom of association principles have not been given the attention it deserves in many countries!  Function of the ILO and mandate of the Committee on Freedom of Association329th Report of the Committee on Freedom of Association, GB.285/9, November 2002Part I (large file - 967 Kb) Luc Demaret ILO/Bureau for Workers' Activities (ACTRAV)
Updated by LO. Approved by MS. Last updated: 25 November 2002.
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