Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Japan (Ratification: 1965)

The Committee notes the information in the Government’s report, as well as the comments made by the Japanese Trade Union Confederation (JTUC-RENGO) in 2002 and by the International Confederation of Free Trade Unions (ICFTU), the ZENTOITSU (All United) Workers Union and the Japan National Hospital Workers’ Union (JNHWU/ZEN-IRO) in 2003. The Committee requests the Government to provide its observations on these comments with its next report.

The Committee recalls that its previous comments dealt with the denial of the right to organize of fire-fighting personnel, the prohibition of the right to strike of public servants, and the reform of the public service. The Committee also notes the further conclusions and recommendations of the Freedom of Association Committee in Cases Nos. 2177 and 2183 (331st Report, June 2003 session) where all these issues, and some additional ones (e.g. the right to organize of prison staff, the trade unions registration system, lack of compensatory procedures for workers deprived of fundamental rights) have been raised, without any progress being noted.

1. Denial of the right to organize of fire-fighting personnel. The Committee recalls that as early as 1973, the Committee stated that it "does not consider that the functions of fire defence personnel are of such a nature as to warrant the exclusion of this category of workers under Article 9 of the Convention" and hoped that the Government would take "appropriate steps to ensure that the right to organise is recognised for this category of workers" (International Labour Conference, 58th Session, Report III(4A), page 122). While it had been hoped that the system of fire defence personnel committees might constitute an important step towards the application of the Convention, the comments submitted over the years by Japanese workers’ organizations to this Committee, and the most recent complaint filed to the Committee on Freedom of Association, clearly demonstrate that the system of fire defence personnel committees is not a valid alternative to the right to organize. Noting that the information provided in the Government’s report concerning the functioning of these committees is the same as that provided in the Government’s reply in Cases Nos. 2177 and 2183, the Committee regrets to note that no progress whatsoever has been made on this issue. The Committee once again requests the Government to take legislative measures in the near future to ensure that fire defence personnel are guaranteed the right to organize, and to keep it informed of developments in this respect in its next report.

2. Prohibition of the right to strike of public servants. The Committee recalls that it referred to the detailed comments of the Fact-Finding and Conciliation Commissions on Freedom of Association, and stressed the importance "… in circumstances where strikes are prohibited or restricted in the civil service or in essential services within the strict meaning of the term, of according sufficient guarantees to the workers concerned in order to safeguard their interests" (International Labour Conference, 63rd Session, 1977, Report III(4A), page 153). The Committee also notes in this respect that the Government merely reiterates its previous comments and that the situation has not evolved significantly. It recalls, once again, that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 158). It requests the Government to indicate in its next report the measures taken or envisaged to ensure that the right to strike is guaranteed to public servants who are not exercising authority in the name of the State and to workers who are not working in essential services within the strict meaning of the term, and that the others (e.g. hospital workers) benefit from sufficient guarantees in order to safeguard their interests, namely adequate, impartial and speedy conciliation and arbitration procedures, in which the parties have confidence and can participate at all stages, and in which the awards, once made, are binding and fully and promptly implemented.

3. Reform of the civil service. The Committee notes that the issues mentioned above, and many others, are to be addressed as part of the major civil service reform currently under way, which has been the subject of a complaint before the Committee on Freedom of Association (Cases Nos. 2177 and 2183). The Committee points out from the conclusions in these cases, including those reflected in the 331st Report, that no progress has been made so far on any of these issues. The Committee notes that the relevant bills have not yet been submitted to the Diet and that the Government intends to continue the consultations and negotiations with the parties. The Committee can only continue to stress that, as the Government embarks upon a reform process which will establish the legislative framework of industrial relations for many years to come, the time would be particularly appropriate to hold full, frank and meaningful consultations with all interested parties, on all the issues which create difficulties with the application of the Convention and whose legal and practical problems have been raised by workers’ organizations over the years. The Committee trusts that the Government will take all necessary measures in this regard and requests it to provide information on the progress made in its next report.