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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. I would also like to emphasise his remarks concerning the need for governments to nominate a permanent representative, who will be able to participate in the work of the Committee, in his/her personal capacity, on a continous basis. The Committee dealt with eight cases concerning Colombia. The worst case (no. 1787) which we have examined on numerous previous occasions, is for the sixth time mentioned as a specially serious and urgent case. The Committee noted with profound regret the allegations of 11 murders of trade unionists in 2003 and 73 additional murders during years 2000 and 2002, with a further eight detentions and seven death threaths, abductions and attempted murders. For the first time the Government has reported that two persons have been sentenced. In relation to the horrifying total number of murdered trade unionists it does not change the overall picture that the paramilitary groups and other violent revolutionary groups can continue to kill trade unionists without any risk of sanctions taken against them by the State. That is why the Committee "requests once again the Government to take the necessary measures to put an end to the intolerable situation of impunity and punish effectively all those responsible." (para 248). This time the Government has provided more information on investigations underway but, as could be seen in the Report, the great majority of these investigations is at a preliminary stage or has not gone beyond that stage and probably never will. Once again the Committee requests 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 still 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 by employers to reinstate dismissed workers despite court orders or bypassing the trade unions when signing collective agreements. The Committee, expressing its deep regrets, once again tries to make the Government to understand that cases concerning anti-union discrimination should be examined rapidly so that the necessary remedies can be really effective (para 18). An illustrative example could also be found in case no. 2237 which refers to allegations of anti-union discrimination in a textile company - the Hilazas Vanylon Enterprise SA. This enterprise simply refused a representative from the Ministry of Labour to investigate a violation of the trade union immunity of a trade union official. Consequently the enterprise was given a fine of 50 legal minimum monthly wages - but that fine was never collected because, according to the Government, it has no power to see to it that the fine is actually paid! No wonder then of the frequency of anti-union practices occuring in Colombia if dissuasive sanctions do not exist in practice! At the last two meeting of the Governing Body the Workers Group expressed their extrem worry about the situation in Belarus (case 2090). Now for the third time this case is mentioned as a special serious and urgent case - as the Government has taken control over the free and independent trade union movement, interfered in trade union elections and forced workers at enterprise and regional level to leave their former organizations and become members in government- and management - controlled unions. Despite repeated assurances given by the Government representative in the Governing Body, the Committee again had to deplore that no steps have been taken to implement its previous recommendations. Instead the Committee had to note with regret an additional very serious allegation of interference in the internal affairs of the Radio and Electronic Workers´ Union. On the previous occasions when this case has been dealt with, the Workers Group has warned the Government and stated its expectation that the Government, being a member of this Governing Body, should immediately stop its repressive policies against freedom of association and its violations of C. 87 and 98. It is with deep regret we have to note that the Government of Belarus apparently has no intention to fulfil its obligations towards this Organization. That is why we as Workers have been forced to make an Art. 26 - complaint against Belarus during this Conference. The Russian Federation (cases no.2185 and 2199) was also mentioned in a special para because of its total lack of cooperation with the Committee. Despite urgent appeals the Government has not replied on the complaints lodged, and an additional urgent appeal could also be found in para 8.The absence of response is all the more serious, since the cases deals with a wide range of anti-union discriminations by the Open Stock Company (OAO) "Novorossiisk Commercial Sea Port" and the "Commercial Seaport of Kaliningrad". These measures include pressure on workers to change their affiliation to management-controlled trade unions, violations of collective agreements in force, refusal to reinstate trade union members despite court decision and the unilateral move by management to capture trade union premises and property without court order. I do expect that the Government of the Russian Federation has the capacity and resources needed to at least be able to respond to the requests made by the Committee, if it so wishes. Cases no. 2177 and 2183 on Japan were dealt with in November last year. Regrettably nothing has in reality happened concerning the requests made by the Committee concerning the violations of C. 87 and 98, both ratified by Japan. In the recommendations (para 558) the Committee "strongly requests once again the Government to reconsider its stated intention to maintain the current restrictions on the fundamental rights of public employees." The Committee repeats its former recommendations that amendments should be made in the current legislation that now prohibits fire-fighters and prison staff from organizing in trade unions, denies all public employees their right to strike and the majority of public employees from the right to bargain collectively, laws which carry heavy penalties in case of legitimate strike action and which interfere in internal union matters concerning establishing organizations of their own choosing or the term of office for union officals. The Committee also repeats its suggestion that the Government should avail itself of technical assistance from the ILO. As could be seen in para 548 the Committee felt it necessary to refute the argument by the Government that the matters concerning the public service reform were purely domestic matters in which the Committee should not intervene. The Workers Group would like the stress the importance of a more cooperative attitude by the Government. In another case on Japan (case no. 1991) the Committee noted with concern that the Four-Party Agreement from May 2000, on a fair solution and compensation to workers dismissed during the privatization of the Japanese National Railways in 1987, has not been implemented. Case no. 2236 on Indonesia deals with the suspension of four union officers at the Bridgestone Tyre Indonesia Company and where the company seeks approval of their dismissals. Although more information is needed, the Committee points out the unacceptable situation for those concerned. As being suspended they have not recieved wages for more than six months. At the same time they cannot seek new employment since they have not been dismissed. Any ruling on whether their dismissal will be allowed or not will not come until an examination has been made into the allegations by the union that these union officials are victims of anti-union discrimination - but, according to the Government, there exist no specific procedure for examining complaints on anti-union discrimination! Therefore the Committee recommends technical assistance from the ILO and stresses that procedures on allegations of anti-union discrimination must have precedence over dismissals procedures and which should be concluded rapidly. In the meantime the Government should provide adequate assistance for the four persons concerned. Again we had a complaint referring to an Export Processing Zone (EPZ). As could be seen in case no. 2228 (India) there are allegations of anti-union discrimination including refusal to bargain collectively and arrests and dismissals of workers due to strike action at the Worldwide Diamonds Manufacturing LtD, located in an EPZ in the State of Andhra Pradesh. According to the Government we are told that the fact that all the striking workers resumed their duties voluntarily and unconditionally indicates that "they have realized their mistakes" (para 464). Due to lack of detailed information, the Committee asks both the Government and the complainant to provide further information in this respect. Nevertheless the Committee asked the Government to review the current situation where the person serving as Grievances Redressal Officer simultaniously holds the post as Deputy Development Commissioner in that EPZ, which is questionable especially in cases like this where allegations of anti-union discrimination are directed against the administration of that EPZ itself. In the cases no. 1937, 2027 and 2081 on Zimbabve, the Committee recalled, commenting on the new Labour Amendment Bill, that the trade unions should be able to go on strike in questions of economic and social policies, without any sanctions imposed. In addition, the Committee asks for the amendment of the new Bill, as it contains excessive sanctions in the form of imprisonments, dismissals and suspension of the regristration of trade unions in cases of so called unlawful collective job action. Despite requests from the Committee, the new Bill keeps the excessive wide power of the authorities to enter and search trade union premises including its financial records at any time and without any reason. The Committee also expressed its deep regret that the Government had not conducted any independent investigations requested on the assault on Mr. Morgan Tsvangirai and into the arson of the ZCTU offices It is with deep regret that the Workers Group notes the absence of action by the Government of Thailand in relation to its previous recommendations on the cases no. 1581, 2125 and 2181. The Government has not indicated any measures taken to amend the State Enterprise Labour Relations Act (SELRA), nor has it been able to see to it that the 21 officials and members of the ITV Labour Union, who were illegally dismissed, have been reinstated. In addition, the Government has not bothered to respond to the requests made by the Committee in November 2002, including the immediate restoration of the legal personality and registration of the BCPEU. We expect the Government to respond positively in the near future to the requests made by the Governing Body in order not to become a standing item for consideration by the Committee. Mr. Chairman, the Workers Group notes with interest a couple of cases where progress have been achieved or could be foreseen. One example is the Republic of Korea (case 1865), which we have dealt with eight times since 1996. Now we have a communication from the Government indicating its desire to resolve most, if not all, of the current discrepancies with the principles of freedom of association. Hopefully we will soon be able to note the full compliance on all the legislative aspects of this case, especially since the Government also has requested advice from the ILO in amending the legislation. The Committee also welcomed the granting of special pardons to a certain number of detained trade unionists, but nevertheless hoped that all persons detained or on trial due to legitimate trade union activities would be released and the charges dropped. Of importance is also the indication that trade unionists that violate the current labour laws no longer will be detained during the investigation, unless they have committed violent acts. The Committee finally asks for the reinstatement without loss of wages for the 12 leaders and members of the Korean Association of Government Employees´ Works Councils (KAGEWC) who were dismissed with the argument that they had taken illegal collective actions. The Committee also noted with satisfaction, in the case of Bahamas (case no. 2127), that all employees dismissed due to a dispute in the air-traffic control sector had been reinstated and re-certified. Finally I would also like to draw the attention of the Governing Body to para 11. Governments must provide replies, in time and containing all relevant information requested by the Committee. Cases relating to freedom of association must be dealt with rapidly - both at national level and here in the ILO. Otherwise we fail in our duty to try to protected persons affected by violations of the freedom of association principles. Failure to provide all information also forces us in the Committee to deal with some cases on more occasions than would otherwise be necessary. Thank You  Function of the ILO and mandate of the Committee on Freedom of AssociationILO Convention 87ILO Convention 98
Updated by LO. Approved by MS. Last updated: 25 June 2003.
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