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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 seven cases concerning Colombia. The worst case (no. 1787) which we have considered at 12 previous occasions, is once more mentioned in an introductory para as a specially serious and urgent case. Since the last report in November 2002, 11 murders, 1 attempted murder, 2 abductions and 15 threats have been reported. As was the situation at our last examination, the Government has not been able to report any actual convictions of individuals for committing all the crimes against trade unionists (81 complaints referred to in para 494 and 265 complaints referred to in para 495). The Committee concludes once again that there is "a deeply rooted impunity which does not help the credibility of the Government, nor does it improve the situation" (para 498) and deplores that the Government did not implement its previous recommendations with respect to impunity. Once again the Committee urges the Government to achieve verifiable results in dismantling the paramilitary groups and other violent revolutionary groups. It also again request the Government to provide protection for all those trade unionists whose lives are at danger. The Committee is also critical of the fact that the Government has not provided the requested information concerning the especially high incidents of violence against trade unionists in certain regions and industrial sectors. The other Colombian cases demonstrates the frequency of violations of freedom of association including delayed judicial proceedings and refusal to reinstate dismissed workers despite court orders. The Committee also recalls its previous requests from November 2002 that all matters concerning Colombia should be transmitted to the Fact-Finding and Conciliation Commission of the ILO - a request which the Workers Group once again fully support - in order both to establish the facts and also to promote understanding and acceptable solutions with all three parties concerned. At the last meeting of the Governing Body in November the Workers Group expressed their extrem worry about the situation in Belarus (case 2090), as the Government effectively had taken over the free and independent trade union movement, deliberately interfered in trade union elections and with threaths and pressure on workers at enterprise and regional level forced them to leave their former organizations and become government- and management - controlled unions including actions 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. On that occasion the Workers Group stated its expectation that the Government, a member of this Governing Body, should immediately stop its repressive policies against freedom of association and violations of C. 87 and 98. Despite assurances given by the Government in November, the situation has not improved - as could be seen in the Report. Therefore once again this case is mentioned as a special serious and urgent case. As mentioned by the Rapporteur, the Committee will examine this serious case again at its next session. Let me be absolutely clear - if the Government has not taken any concrete action by that time, the Workers Group will take additional measures against the Government of Belarus. The cases concerning Venezuela (cases 2058, 2067, 2088, 2160, 2161 and 2191) were together drawn to the attention of the Governing Body by the Committee because of the extremly serious and urgent situation in that country. These cases represent a range of allegations including delays in registrations, suspension of trade union dues, obstruction of collective bargaining and dismissals and intimidation and extensive interference in trade union activities contrary to Conventions 87 and 98. The Committee also requested the Government to take legislative and other action to speed up proceedings relating to anti-union discrimination and reminded the Government of the availalibilty of ILO technical assistance. The Committee felt that the continuing progression of complaints concerning repeated violations of freedom of association requested the special attention of the Governing Body. The Committe dealt with numerous cases concerning Guatemala. Case 2203 contains allegations of a large number of anti-union dismissals, employer interference and violations of the right to collective bargaining, non-fulfillment of judicial orders on reinstatements and, even more seriously, allegations of death threats, assaults and physical intimidation of trade union members in various companies. As could be seen in para 823 the Committee expresses its serious concern over acts of violence and urges the Government to immediately investigate the allegations including refering these cases to the Special Attorney for Offences against Union Members. The Committee also suggests ILO technical assistance "in order to improve the implementation of Conventions Nos. 87 and 98". This case was consequently regarded as a special serious and urgent case. Another serious and urgent case concern China (Case 2189). This case concerns numerous allegations of excessive use of force in police interventions, torture and imprisonment of trade unionists and workers participating in various protest actions and demonstrations. The Committee is not convinced by the reply of the Government stating that "As a responsible member of the International Labour Organization, China recognizes and respects all the principles stipulated in the ILO Constitution, including the principle of freedom of association, and has made unremitting efforts to achieve these principles." (para 442). Instead the Committe expresses its concern (as could be seen in paras 446 and 447) of the detention of a number of arrested leaders and representatives of independent workers organizations. It also requests that impartial and independent investigations are instituted concerning the various allegations of arrests and mistreatments. In addition, it requests the Government to provide instructions for the forces of law and order eliminating use of excessive violence in relation to demonstrations. Specifically the Committee requests the Government, in relation to the labour dispute that occured at the Ferrous Alloy Factory, to drop all charges relating to terrorism, sabotage and subversion - charges which carries heavy penalties. As could be seen in para 465 the Committee underlines that durable solutions to social conflicts and promoting economic and social development can only be found if full freedom of association of workers is recognized and consequently, as has been requested previously by the Committee, that the Trade Union Act be amended to allow workers to freely organize in independent trade unions of their own choosing. Despite the previous negative response by the Government, the Committee once again requests the Government to show good faith and accept an ILO direct contact mission to promote the full implementation of freedom of association. As could be seen also in case 2186 (China/Hong Kong) the Committee also expects the Government to take measures to stop all acts by Cathay Pacific of anti-union discrimination and intimidation against members of the Hong Kong Aircrew Officers´Association (HKAOA) and encourage collective bargaining to settle matters of dispute between them. Mr Chairman, once again the Committe had to deal with cases concerning violations of freedom of association in certain provinces in Canada. In the cases No. 2166, 2173, 2180 and 2196 (Canada/British Columbia), the Committee, in its recommendations, requests the Government to repeal provisions of Bill No. 18, which make education an essential sector and consequently to amend the legislation thereby granting the workers concerned their right to strike. The Committee also requests the Government to allow the bargaining parties, by agreement, to change the by legislation unilaterally imposed working conditions. The same request is made by the Committe in relation to the health and services sector. The Committee requests the Government to refrain from interfering in future by legislative imposed settlements and to respect the autonomy of bargaining partners. As could be seen in case 2182 (Canada/Ontario) the Government has introduced legislation obliging employers at unionized workplaces to post and circulate information how to leave the trade union and once every year provide every unionized worker with a document aimed at trade union decertification. As could be seen in para 322, the Government, in addition, has introduced legislative protection of employers against any compalints by the trade unions for unfair labour practices. Not surprisingly has the Government no intention of advising workers in non-unionized workplaces how to organize and be represented in trade unions. For the Workers Group this is a blatant attack against the right to organize and contravening obligations in relation to C. 87 ratified by Canada and we fully support the request by the Committee that the Government should repeal section 63.1 of the Labour Relations Act. The Workers Group also notes with grave concern the flagrant attitude of disrespect and non-cooperation with the Committee by Canada/Ontario in relation to cases 1900, 1943,1951 and 1975. The Workers Group have previously requested the Federal Government of Canada to take responsibility in cases of violations of freedom of association occuring within the territory of the country. Apparently nothing has been done. Therefore the Workers Group would like to be informed of what the Federal Government of Canada intends to do in order to secure that C. 87, ratified by Canada, is respected in all provinces of Canada. The Committee examined for the 8th time the case concerning Ethiopia (case 1888). While noting the release of Dr. Taye Woldesmiate after spending five years in jail, the Committee regretted that no new information was provided on the killing of Mr. Assefa Maru. It repeated its request that the legislation be amended to allow teachers to organize freely and bargain collectively and again suggested ILO technical asistance. In case 2229 (Pakistan) the Committee stressed the need of full consultations with the social partners concerning any changes in legislation affecting trade union rights. It also requested (in para 958) the Government to amend the legislation allowing workers in a number of establishments the right to establish and join trade unions of their own choosing - as these establishments cannot be regarded as essential services. Amendment of the legislation was also requested to allow trade unions their right to form and join federations of their own choosing and that legislative protection against anti-union discrimination would be provided at any time and not only during industrial disputes. The Committee dealt with three complaints in regard to the Nordic countries. In case 2178 (Denmark) the Government, despite the will of the social partners, had introduced legislation prohibiting in future collective agreements prevailing over individual agreements on part-time matters - matters which traditionally have been regulated by the social partners themselves. The Committe notes that this new system does not encourage and promote collective bargaining as a mean to regulate terms and conditions of employment. Therefore the Committee request the Government to resume consultations with the social partners to find an acceptable negotiated solution which will be in conformity with C. 87 and 98 ratified by Denmark. A similar situation is found in case 2171 (Sweden) where the Government not only by legislation introduced a legislative prohibition of future collective agreements prevailing over any individual employees preferences on compulsory retirement age, but - in addition - banned provisions in existing collective agreements regulating this matter. Also in this case this was a matter which by tradition was regulated by the social partners themselves and they had unanimously rejected this legislative interference by the Government. In addition, the Swedish tripartite national ILO Committee unanimously recognized the interference in the freedom to bargain collectively as provided by C. 98 and 154 ratified by Sweden. The Committe requests the Government to take measures to secure that the banned provisions in existing collective agreements will continue to be valid. The Committe also requests that the Government resume thorough consultations with the social partners to find an acceptable negotiated solution which will be in conformity with the conventions on freedom of association ratified by Sweden. In case 2170 (Iceland) the Committee once again had to deal with a legislative interference by the Government in an industrial dispute, banning a strike in the fishing sector. The Committee recalls that workers should be able to exercise their right to strike to defend their interests and, in addition, criticizes the imposed arbitration process which violated the principle of free and voluntary collective bargaining. The Committee, deploring the numerous violations of C. 87 and 98 in the past, requests the Government to avoid such legislative interference in future - and suggests that the Government should use technical assistance from the ILO. In the case of Turkey (case 2200) concerning trade union rights in the public sector, assurances are given by the Government that they have taken into account the principles of C. 87, 98 and 154. As these conventions have been ratified by Turkey, the Workers Group would underline the necessity to take into account not only the principles but the actual provisions in these conventions. The Committee, not convinced by the argumentation by the Government, requests the Government to amend Act No. 4688 to make it in conformity with C. 87, 98 and 154 and especially to provide effective protection of public servants against acts of anti-union discrimination. It further requests the Government to promptly institute independent investigations concerning a number of alleged actions taken against trade union members performing legitimate trade union activities. The situation in Export Processing Zones (EPZs) has been discussed frequently at our Governing Body sessions. As can be seen in para 140 in case 1826 (Philippines) the question of certification of the trade union at Cebu Mitsumi Inc. in the Danao export processing zone has still not been resolved despite the fact that the request was made by the trade union already in February 1994 and despite repeated request by the Committee. The Committee also expressed its considerable concern in case 2179 (Guatemala) over alleged threats and physical assaults against trade unionists at the Choi Shin and Cimatextiles enterprises in the Villanueva free zone. We do expect action taken by the Governments concerned. As could be seen in the Report of the Committee, the situation concerning freedom of association in Cuba (case 1961) continue to be of concern to the Committee, including detention of trade unionists, threats and acts of intimidation and the extreme difficulty to exercise trade union rights freely. Let me end by saying that, as could be seen by the cases dealt with in the Report, violations of freedom of association occur both in developed and developing countries. It is indeed the task of the ILO and its supervisory bodies to secure universal respect for freedom of association wherever violations takes place! Thank You!  Function of the ILO and mandate of the Committee on Freedom of AssociationILO Convention 87ILO Convention 98330th Report of the Committee on Freedom of Association, GB.286/11, March 2003Part I (large file - 967 Kb)
Updated by LO. Approved by MS. Last updated: 2 April 2003.
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