Effect given to the recommendations of the committee and the Governing Body - Report No 323, November 2000

Case No 2018 (Ukraine) - Complaint date: 23-FEB-99 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 93. At its June 2000 meeting, the Committee examined this case, which concerned among other things allegations of anti-union harassment, violations of the right to strike, physical threats and judicial proceedings against the president of the union [see 321st Report, paras. 83-90]. On that occasion, the Committee: (a) expressed its regret that the Government had not ordered a new inquiry by an independent body on the allegations of pressures on trade union members by management with the aim of forcing them to leave the union, reiterated its request on this aspect of the case, and asked to be kept informed of developments; (b) asked the Government to ensure that the functions carried by the port young workers' association did not encroach on the normal activities of trade union organizations; (c) reminded the Government that ports do not constitute essential services in the strict sense of the term, where strikes might be completely prohibited, and asked to be kept informed of legislative amendments in this regard; and (d) urged the Government to ensure that the criminal proceedings against the president of the complainant trade union be carried out with diligence and requested to be kept informed of developments.
2. 94. In its communication of 16 August 2000, the Government underlines that the National Council on Social Partnership and the National Mediation and Conciliation Service, whose presidents participated in the inquiry on the alleged pressures against trade union members, and which concluded that there were no instances of such pressure, are two independent bodies which are not related to the executive authorities. The Government therefore considers it inappropriate to carry out further inquiries into this matter. Whilst taking note of this information, the Committee recalls that, in order to have an industrial relations system which all social partners - workers and employers alike - can trust, it is of utmost importance that bodies called upon to make decisions which can affect the functioning, if not the very existence of organizations, should not only be independent but also be seen as truly independent by all those concerned.
3. 95. The Government confirms that the activities of the port young workers' association include youth work, and the organization of sports, excursions and leisure for young people. As a social organization, established in accordance with the Act on citizen's associations, it does not assume the functions of trade unions. The Government adds that authorities are prohibited from interfering in the activities of citizens' associations. The Committee takes note of this information. Recalling the guarantees established in this respect by Article 2 of Convention No. 98, the Committee trusts that the Government will take all appropriate measures to ensure that the functions carried out by the port young workers' association do not encroach on the normal activities of trade union organizations, including those related to strike.
4. 96. The Government states that the strike of 7 September 1998 was declared illegal primarily because the trade union had violated the legal provisions on the settlement of labour disputes, and not because of a violation of section 8 of the Act prohibiting strikes in the ports sector. The Government adds that the Ministry of Transport is currently drafting amendments to the Transport Act, including provisions on strikes in that sector, and that it will send additional information once the Supreme Council has made a decision. The Committee takes note of this information. It requests the Government to provide it as soon as possible with the amendments to the Transport Act, and reminds the Government of the possibility of ILO's technical assistance in this regard, preferably before the adoption of said amendments.
5. 97. The Government recalls that detailed information on the criminal proceedings against the trade union leaders was given in its previous communication, and adds that under section 7 of the Act respecting the Public Prosecutor's Office, the authorities are prohibited from giving any instructions to the Public Prosecutor on the outcome of cases before it. The Committee takes note of this information. It recalls that trade union leaders, like anyone else, should benefit from normal judiciary proceedings and that respect for due process of law should not preclude the possibility of a fair and rapid trial. The Committee therefore urges the Government, once again, to ensure that the criminal proceedings against the president of the complainant trade union be carried out with diligence and requests to be kept informed of developments.