Interim Report - Report No 365, November 2012

Case No 2794 (Kiribati) - Complaint date: 17-JUN-10 - Closed

Allegations: The complainant organization alleges the infringement of the right to strike in the education sector

1. 1101. The Committee last examined this case at its November 2011 meeting, when it presented an interim report to the Governing Body [362nd Report, paras 1123–1140 approved by the Governing Body at its 312th Session (November 2011)].
2. 1102. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case on two occasions. At its meeting in May–June 2012 [see 364th Report, para. 5], the Committee issued an urgent appeal to the Government, indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next meeting even if the information or observations requested had not been received in due time. To date, the Government has not sent any information.
3. 1103. Kiribati 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. 1104. In its previous examination of the case in November 2011, the Committee made the following recommendations [see 362nd Report, para. 1140]:
   • (a) The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the complainant’s allegations, even though it has been requested several times, including through an urgent appeal, to present its comments and observations on this case. The Committee urges the Government to be more cooperative in this case and invites the Government to seek technical assistance from the Office.
   • (b) The Committee requests the Government to provide detailed information in reply to the allegations that the Minister of Labour declared the strike illegal even though the KUT complied with all the prerequisites to declare a strike under the applicable laws.
   • (c) The Committee further urges the Government to provide detailed information without delay in relation to the allegations of threats and intimidation made by the Minister of Education during the strike, to the effect that failure to return to work would lead to the dismissal of the strikers, as well as the allegations concerning sanctions and the dismissal of members of the KUT for the strike action, and requests the Government to take the necessary measures to ensure that any worker who has been dismissed for the exercise of legitimate strike action is reinstated in his or her post, with payment for lost wages and that the sanctions taken against them are lifted.
   • (d) The Committee requests the Government and the complainant to indicate the status of the negotiations between the MOE, the PSO and the KUT and to indicate whether a new CBA has since been signed.

B. The Committee’s conclusions

1. 1105. The Committee deeply regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has once again not replied to the complainant’s allegations even though it has been requested several times, including through an urgent appeal.
2. 1106. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1971)], the Committee is obliged to present a report on the substance of the case without being able to take account of the information which it had hoped to receive from the Government.
3. 1107. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments, in turn, will recognize the importance of presenting, for objective examination, detailed replies concerning allegations made against them [see First Report, para. 31].
4. 1108. Under these circumstances, recalling that this complaint concerns allegations of infringement of the right to strike of the Kiribati Union of Teachers (KUT) by the Government and acts of anti-union discrimination in connection with the strike which took place from 4 to 7 December 2009, the Committee finds itself obliged to reiterate the conclusions and recommendations it made when it examined this case at its meeting in November 2011 [see 362nd Report, paras 1133–1139].

C. The Committee’s recommendations

1. 1109. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has once again not replied to the complainant’s allegations, even though it has been requested several times, including through an urgent appeal. The Committee urges the Government to be more cooperative in this case and invites the Government to seek technical assistance from the Office.
   • (b) The Committee urges the Government to provide detailed information in reply to the allegations that the Minister of Labour declared the strike illegal even though the KUT complied with all the prerequisites to declare a strike under the applicable laws.
   • (c) The Committee further urges the Government to provide detailed information without delay in relation to the allegations of threats and intimidation by the Ministry of Education during the strike, to the effect that failure to return to work would lead to the dismissal of the strikers, as well as the allegations concerning sanctions and the dismissal of members of the KUT for the strike action. It urges the Government to take the necessary measures to ensure that any worker who has been dismissed for the exercise of legitimate strike action is immediately reinstated in his or her post, with payment for lost wages and that any sanctions taken against them are lifted.
   • (d) The Committee requests the Government and the complainant to indicate the status of the negotiations between the Ministry of Education, the Public Service Office and the KUT and to indicate whether a new collective bargaining agreement has since been signed.