Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

Case No 2520 (Pakistan) - Complaint date: 23-SEP-06 - Closed

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

1. 186. The Committee last examined this case, which concerns allegations of the cancellation of the registration of the Karachi Shipyard Labour Union (KSLU) and of obstacles to collective bargaining faced by the union concerned, at its March 2008 meeting [see 349th Report, paras 204–208]. On that occasion the Committee requested the Government to take the necessary measures to revoke the Sindh Registrar’s Cancellation Order so as to reinstate the registration of the KSLU, and of any other unions that may have been dissolved due to the administrative control of the employer concerned by the Ministry of Defence Production. It further requested the Government to initiate an investigation into the obstacles to collective bargaining encountered by the KSLU during the period 2003–06 and to promote future collective bargaining with the union, if it was still found to be representative of the workers at the Karachi Shipyard and Engg Works Ltd. Finally, the Committee requested the Government to inform the Committee of Experts on the Application of Conventions and Recommendations, to which it referred the legislative aspects of the case, of developments regarding the amendment of section 12(3) of the Industrial Relations Ordinance (IRO) 2002, so that the failure to seek or obtain collective bargaining agent status does not constitute grounds for the cancellation of a trade union’s registration.
2. 187. In a communication of 1 November 2008, the Government states that several unions have filed pending constitutional petitions before the Sindh High Court, Karachi, challenging the cancellation order of the Sindh Registrar. In respect of the legislation, the Government indicates that the Bill (IRA – 2008) to repeal the IRO 2002 has been passed by the Senate (Upper House) of Pakistan and is now under consideration by the National Assembly (Lower House). The law would be promulgated following its adoption by the latter body.
3. 188. The Committee deeply regrets that the Government reiterates that several trade unions have filed constitutional petitions before the Sindh High Court in Karachi challenging the Sindh Registrar’s cancellation order, while again providing no indication that it has taken steps to implement its previous recommendations. Recalling once again that civilian workers in the manufacturing establishments of the armed forces should have the right to establish organizations of their own choosing without previous authorization, in conformity with Convention No. 87 [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 227], the Committee once again requests the Government to take the necessary measures to revoke the Registrar’s order, so as to reinstate the registration of the KSLU and of any other unions that may have been dissolved due to the administrative control of the enterprise concerned by the Ministry of Defence Production. Furthermore, it once again requests the Government to initiate an investigation into the obstacles to collective bargaining encountered by the KSLU during the period 2003–06 and to promote future collective bargaining with the union, if it was still found to be representative of the workers at the Karachi Shipyard and Engg Works Ltd. The Committee requests the Government to inform it of developments in this regard and strongly urges the Government to be more cooperative in the future.
4. 189. The Committee notes the information concerning the Bill to amend the IRO 2002. The Committee reminds the Government that the ILO’s technical assistance is at the Government’s disposal, if it so wishes, and requests it to continue to inform the Committee of Experts on the Application of Conventions and Recommendations, to which it had referred the legislative aspects of the case, in respect of the measures taken or envisaged to amend section 12(3) of the IRO 2002 so that the failure to seek or obtain collective bargaining agent status does not constitute grounds for the cancellation of a trade union’s registration.