Report in which the committee requests to be kept informed of development - Report No 218, November 1982

Case No 1075 (Pakistan) - Complaint date: 01-SEP-81 - Closed

1. 273. The Committee has examined these complaints on several occasions, most recently at its session of May 1982, when it submitted an interim report to the Governing Body. Since then, the International Transport Workers' Federation has sent new allegations concerning this case in a letter dated 21 June 1982. The Government, for its part, sent additional information in a communication dated 20 August 1982.
2. 274. Pakistan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 275. The allegations still pending concerned anti-trade union measures, including dismissals of trade unionists and trade union leaders in the nationalised airlines sector, in pursuance of martial Law Regulation No. 52 of 1981 which temporarily bans all trade union activities in this sector on pain of serious penalties. The Government had explained that the airline companies were in such a serious financial position and were so undermined by lack of discipline that these measures bad been imposed for economic reasons.
2. 276. Although the Government had stated that trade union activities in this sector would be restored as soon as possible, the International Transport Workers' Federation had informed the Committee that Martial Law Regulation No. 52 had been extended until December 1982.
3. 277. In these circumstances, the Committee recommended to the Governing Body in May 1982 that it draw the Government's attention once again to the fact that the ban on all trade union activity in the nationalised airlines sector imposed by Martial Law Regulation No. 52, even if only a temporary measure, constituted an infringement of freedom of association. It regretted that the proclamation of martial law had been extended and requested the Government to inform it of the steps that were being considered to revoke it.

B. Further developments

1. 278. In its communication dated 21 June 1982, the International Transport Workers' Federation alleges that, according to certain press cuttings of March 1982, it is to be feared that the restrictions on trade union activities imposed on the airline companies under martial law will be extended to the Karachi Port Trust.
2. 279. The Government, for its part, in its communication dated 20 August 1982, explains that the airline company in question, PIA, has engaged foreign consultants to reorganise its economic management and that the latter have already given their recommendations. The Government states its determination to withdraw Regulation No. 52 as soon as the operational, financial and administrative problems of the airline company have been solved.
3. 280. As regards the dismissals which took place in this sector, the Government states that the persons affected have had the opportunity to submit review petitions and that these petitions are now under active consideration by the authorities concerned.
4. 281. The Government does not mention the possibility of extending the restrictions on freedom of association to cover the Karachi Port Trust.

C. The Committee's conclusions

1. 282. The Committee notes the Government's explanations concerning the continuing restrictions on freedom of association in the nationalised airlines sector imposed by Martial Law Regulation No. 52. The Committee can only repeat its previous recommendations, and stress the fact that such restrictions, even if only of a temporary nature, constitute an infringement of freedom of association. It requests the Government to revoke as soon as possible Martial Law Regulation No. 52 of 1981 banning all trade union activity in this sector, and to send it the revoking text.
2. 283. As regards the dismissal of workers, the Committee notes that, according to the Government itself, the employees concerned have had the opportunity to submit review petitions which are now under active consideration. The Committee trusts that this review will result in all the workers dismissed in the context of labour disputes and lawful trade union activities being reinstated or paid due compensation.
3. 284. As regards the possible extension of restrictions on freedom of association to cover the Karachi Port Trust announced in the press in March 1982, which was mentioned by the complainants, the Committee notes that these suppositions date from March 1982 and that the complainants have given no indication since then of their having been fulfilled. In these circumstances, the Committee considers that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 285. In these circumstances, the Committee recommends the Governing Body to approve the following conclusions:
   • (a) As regards the continuation of the ban on trade union activity in the nationalised airlines sector imposed by Martial Law Regulation No. 52 of 1981, the Committee recalls once again that such a ban, even if only of a temporary nature, constitutes an infringement of freedom of association. It requests the Government to revoke as soon as possible Regulation No. 52 banning all trade union activity in this sector and to send it a copy of the revoking text.
   • (b) As regards the dismissal of workers, the Committee trusts that the review of the petitions will result in all the workers dismissed in the context of lawful trade union activities being reinstated or paid compensation.
   • (c) As regards the possibility of an extension of restrictions on freedom of association to cover the Karachi Port Trust, the Committee considers that, in the present circumstances, this aspect of the case does not call for further examination.