In its report, published three times a year, the Committee drew the Governing Body’s special attention to the case of Belarus, where the Committee regretted that the Government had provided no information on concrete measures taken to implement the Committee’s previous recommendations.
The Committee recalled the need to institute an immediate and independent investigation into allegations relating to government interference in trade union elections with the aim of rectifying any effects of this interference. While noting the Government’s indications relating to efforts made to improve social dialogue in the country, the Committee requested the Government to indicate the extent to which alternative organizations representing workers, such as those present in the complaint, participate in the social dialogue referred to.
In particular, the Committee requested the Government to supply its observations on recent allegations made by the complainants, concerning continuing harassment, anti-union discrimination and interference in the internal affairs of trade unions. The chairman of the Committee, Professor Paul van der Heijden, met with the deputy Minister for Labour of Belarus in respect of the matters raised in this case.
Regarding allegations on repressive measures in connection with specific labour disputes in China, the Committee requested the Government to institute an impartial and independent investigation into the detention and prosecution of workers’ representatives, and the conditions of their health and treatment.
Referring to a dispute at a factory in Liaoyang in 2002, the Committee requested the release of detained workers’ representatives and, in particular, that charges relating to terrorism, sabotage and subversion, as well as all remaining charges, be dropped(1).
It requested information on allegations regarding the detention of representatives of a retrenched workers’ organization in Daqing City. It also requested information on the reported sentencing of activists who had acted on behalf of organizing workers in Sichuan Province.
The Committee stated that “the development of free and independent organizations and negotiation with all those involved in social dialogue is indispensable to enable a government to confront its social and economic problems, and resolve them in the best interests of the workers and the nation”. It reiterated an earlier request to the Government to examine the possibility of a direct contacts mission to the country to promote the full implementation of freedom of association.
In the case of Colombia, which has been pending before the Committee since 1995, the latter observed from the information provided by the Government that none of the investigations initiated have ended with the actual conviction of those responsible for the acts of murder and violence against trade union officials. The Committee noted with regret that “there have been complaints of 11 murders, two abductions, one attempted murder and 15 death threats since its last examination of this case in November 2002”.
The Committee considered the prevailing delay in the administration of justice as “corollaries of a deeply rooted impunity which does not help the credibility of the Government”. It requested the Government to take measures to ensure that investigations into all the alleged acts of violence are carried out and make significant progress with a view to punishing the guilty parties.
In the case of Ethiopia, the Committee dealt with serious allegations of violations of freedom of association, including murder, arrest, and detention dating back to 1996. While in the most prominent case, Dr. Taye Woldesmiate and his co-defendants have been released from prison, the Committee nevertheless expressed its regret at the fact that Dr. Taye had been sentenced and served five years in prison for having exercised legitimate trade union activities, and expressed the hope that the Government would refrain from such measures in the future.
The Committee also noted with regret that the Government did not intend to hold an independent inquiry into the killing of Assefa Maru, one of the Ethiopian Teachers’ Association leaders, and once again requested the Government to do so. The Committee also recalled the need to amend legislation so that teachers, like other workers, have the right to form organizations of their own choosing.
The Committee dealt with several cases concerning Guatemala, particularly a case concerning allegations of assaults, threats and intimidation of union members in various companies and public institutions, and raiding and sacking of trade union headquarters. The Committee urged the Government to order an urgent investigation into these allegations and to refer these cases to the Special Attorney for Offences against Union Members.
The Committee also requested the Government to revise the process of protecting union rights provided for in legislation so as to ensure effective observance of the principle that no person should be dismissed or prejudiced in his or her employment for reasons of trade union membership or legitimate trade union activity, through the establishment of sufficiently dissuasive sanctions.
The Committee invited the Government to consider requesting the technical assistance of the ILO in order to improve the implementation of the Convention on Freedom of Association and Protection of the Right to Organize (No. 87) and the Convention on the Right to Organize and Collective Bargaining (No. 98), both ratified by Guatemala.
The Committee drew the special attention of the Governing Body to “the extremely serious and urgent situation in Venezuela marked by numerous complaints of repeated violations of freedom of association for both workers’ and employers’ organizations”.
The Committee was particularly concerned about the excessive powers of intervention granted to the National Electoral Council, and urged the Government to amend Article 293 of the Constitution and the Organic Act respecting the Electoral Authority along the lines of that requested by the ILO Committee of Experts on the Application of Conventions and Recommendations.
Furthermore, the Committee urged the Government to take measures to ensure that the authorities refrain from “making intimidating statements to the Venezuelan Workers’ Confederation (CTV)”, and asked the Government to recognize its Executive Committee. Finally, the Committee deplored the fact that the Government had not replied to the serious allegations of anti-union violence and urged it to carry out an urgent investigation in this respect.
1 - The press has subsequently reported that the Liaoyang court sentenced Yao Fuxin and Xiao Yunliang in May 2003 to seven and four years’ imprisonment respectively.