Informe provisional - Informe núm. 72, 1964

Caso núm. 179 (Japón) - Fecha de presentación de la queja:: 30-ABR-58 - Cerrado

1. 199. Since the Committee began its examination of this case in November 1958 it has, in addition to reporting to the Governing Body, in the introductions to its 33rd, 36th, 49th and 52nd Reports, on information supplied by the Government of Japan concerning developments with regard to its proposed ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), submitted successive reports on the various allegations made in the case in its 32nd, 41st, 44th, 47th, 54th, 58th, 60th, 64th, 66th, 68th and 70th Reports. The allegations concerning which it has submitted reports to the Governing Body relate to the following matters: restrictions on trade union membership and the election of officers (which the Committee has had to consider not only in connection with the Government's proposal to ratify the said Convention No. 87 but also in the light of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), ratified by Japan); the denial of the right to strike and defects in the mediation and arbitration system (affecting organisations subject to the Public Corporation and National Enterprise Labour Relations Law and the Local Public Enterprise Labour Relations Law); disciplinary measures against trade unionists (railway and postal workers); arrests of trade unionists (railway and postal workers); searches of trade union premises; the denial of the right to strike and the lack of compensatory guarantees (affecting organisations subject to the Local Public Service Law); the denial of the right of association to supervisory employees (under the Public Corporation and National Enterprise Labour Relations Law and the Local Public Enterprise Labour Relations Law); proposed amendments to the National Public Service Law and Local Public Service Law; acts of anti-union discrimination (Japan Teachers' Union); non-recognition of the Japan Teachers' Union; interference with the National Railways Workers' Union and with the adhesion of workers to it, matters covered by the negotiating rights of organisations of civil servants; registration of organisations under the Local Public Service Law; restriction of the scope of organisations; the denial under the Local Public Service Law of the right to bargain collectively and to conclude collective agreements; collective bargaining by organisations of employees of local public enterprises; acts of interference with regard to unions affiliated to the All-Japan Prefectural and Municipal Workers' Union; legislative interference with collective negotiations concerning the check-off of union dues; the victimisation of members of the Railways Workers' Union; the abolition of the check-off of union dues (proposed amendment to the Local Public Service Law); refusal by competent authorities to negotiate with workers' organisations; and interference with certain organisations of government employees. In addition, the Governing Body, on the recommendation of the Committee, has dismissed certain other allegations relating to a proposed Bill to amend the Police Duties Law, to the denial of the right of civil servants' organisations to conclude collective agreements, to the denial of the right of association to the personnel of certain services (police, fire services, Public Safety Bureau and prison service) and to the full-time union officers system (subject to the reservations made in paragraphs 175 and 176 of the 54th Report of the Committee).
2. 200. When the Committee continued its consideration of this case at its meeting in May 1963, it submitted to the Governing Body the interim report contained in paragraphs 98 to 103 of its 70th Report.
3. 201. In particular, with regard to the position concerning the ratification of the Freedom of Association and Protection of the Rht to. Organise Convention, 1948 (No. 87), the Committee submitted its recommendations to the Governing Body in paragraph 103 of its 70th Report, which reads as follows:
4. 103. In these circumstances the Committee, recalling that the Government announced as long ago as 6 November 1958 that it was considering the question of ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and then, in a communication dated 25 February 1959, announced that the Cabinet had decided to ratify the Convention, and to repeal section 4 (3) of the Public Corporation and National Enterprise Labour Relations Law and section 5 (3) of the Local Public Enterprise Labour Relations Law, recommends the Governing Body:
   • (a) to take note of the Government's statement that Bills to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and to amend the related national legislation were submitted to the Diet on 2 March 1963;
   • (b) to note also the Government's further statement that, following the resumption of the current Diet session after the April recess, informal negotiations were reopened between the representatives of the Government and opposition parties with regard to the aforesaid Bills, and that agreement was reached on 15 May 1963 to continue the negotiations in an effort to ensure the passage of the Bills during the current Diet session, which has been prolonged until 6 July 1963;
   • (c) to express its sincere hope that, in accordance with the assurances given by the Government on many previous occasions and with the expectations of the Government as expressed by the Prime Minister, as indicated in the Government's communication dated 13 February 1963, the Bills to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), will be approved by the Diet during its current session;
   • (d) to request the Government to be good enough to inform the Governing Body as to further developments in this connection, in time for the information to be considered by the Governing Body at its session in late June 1963 immediately following the close of the 47th Session of the International Labour Conference.
5. 202. The 70th Report of the Committee was approved by the Governing Body on 1 June 1963, in the course of its 155th Session, and the conclusions cited above were brought to the notice of the Government of Japan by a letter dated 13 June 1963.

A. A. The complainants' allegations

1. 203. In a letter dated 26 June 1963 the Government of Japan stated that informal negotiations between the representatives of the Government and Opposition parties concerning the Bills relating to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), had continued during the month of June. In conformity with an understanding reached between the General Secretaries of both parties, it was decided, at the plenary sitting of the House of Representatives on 14 June 1963, to establish a special committee to deal with the question of the Convention and to refer to it the Bill for the ratification of the Convention and the Bills to amend related domestic laws. The Government pointed out that the Bills relating to the ratification of the Convention had been submitted to the Diet four times since April 1960, but that this was the first time that a special committee had been established, which was expected to make substantial deliberations on the Bills. On the same day it was decided to set up a special committee, with similar functions, in the House of Councillors also. The special committee of the House of Representatives met on 24 June 1963, when the Ministers for Foreign Affairs, Labour and Home Affairs explained the reasons for proposing the Bills, and began its deliberations on the substance of the Bills; it was expected to continue to meet and deliberate on and after 25 June. The special committee of the House of Councillors was also convened, in similar manner, on 24 June, and was expected to deliberate having regard to the progress of the deliberations in the House of Representatives. The Government promised to furnish information as to further developments in the deliberations of the two special committees.
2. 204. In a letter dated 12 July 1963 the Government stated that the session of the Diet had closed on 6 July, on which date the two special committees each decided, with the unanimous consent of both parties, to continue their deliberations until the convocation of the next session. At the plenary sittings of each of the two Houses on the same day, however, no decision was taken to refer any Bill to continue deliberations between sessions owing to unforeseen confusion over parliamentary procedure; thus, the Bills relating to the ratification of the Convention could not be referred for continued deliberation. The Government recalled that it had resolved, as stated earlier by the Prime Minister, to obtain the approval of the Bills by the Diet at the session just ended and to ratify the Convention and had co-operated in expediting the deliberations of the special committees referred to above, the Prime Minister himself having stated the Government's position to the special committee of the House of Representatives. However, declared the Government, mainly due to prolonged and consecutive plenary sittings, the work of the special committees did not make much progress and their deliberations on the Bills relating to the ratification of the Convention were not completed by the end of the Diet session. The Government regretted that, as explained above, no final decision to continue the deliberations had been taken by the two Houses. The Government affirmed that there was no diversion from its policy of early ratification of the Convention and that it was ready to make further efforts in conformity with its policy.
3. 205. In a letter dated 26 October 1963 the Government declared that, on 17 October 1963, following its policy of early ratification of the Convention, it submitted the Bills for ratification and for the amendment of the related legislation to the extraordinary session of the Diet convened on 15 October 1963. As at the previous session, special committees were set up by each House and preparations made to deliberate on the Bills. However, the House of Representatives was dissolved on 23 October-a general election will be held on 21 November 1963-so that the extraordinary session of the Diet ended without the above Bills, as well as others, receiving approval. The Government promised to furnish information as to further developments.

B. B. The Committee's conclusions

1. 206. When the Committee met in February 1963 and examined this case in paragraphs 59 to 80 of its 68th Report it noted, in paragraph 66 of that report, that the Prime Minister of Japan, in his policy speech when the Diet resumed on 23 January 1963, had declared: " The Government's basic policy of ratifying the I.L.O. Convention No. 87 as soon as possible remains unchanged. The Government is to present the said Convention together with the related Bills to the current Diet session for approval." Accordingly, the Committee prefaced the recommendations which it made to the Governing Body in paragraph 80 of its 68th Report by recalling that the Governing Body, when adopting earlier reports, had drawn the attention of the Government of Japan to the importance which the Governing Body attaches to a number of the principles in question in this case, and expressed its hope that the statement by the Prime Minister referred to above would be followed by the prompt fulfilment of the assurances concerning ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), given to the Governing Body on 12 previous occasions, the first of which was on 6 November 1958, and by the final settlement of the questions at issue. Since that time the Bills relating to the ratification of the said Convention have been submitted for approval to different sessions of the Diet, on 2 March 1963 and 17 October 1963, without such approval having been obtained.
2. 207. Further, as is apparent from paragraph 199 above, there still remains at issue a considerable number of questions arising out of allegations relating to very varied aspects of the trade union situation in Japan.

The Committee's recommendations

1. 208. In these circumstances the Committee, having regard to the questions which have thus been at issue for several years and taking into account also the fact that five years have now elapsed since the original assurances concerning the proposal to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), given by the Japanese Government were received, that these assurances have been given on 12 occasions and that the proposal to ratify the Convention has now been submitted to five sessions of the Diet without a satisfactory result being reached, recommends the Governing Body:
   • (a) to decide to request the Government of Japan, as provided for in subparagraph (b) below, to give its consent to the case as a whole being referred to the Fact-Finding and Conciliation Commission on Freedom of Association;
   • (b) to request the Director-General to submit to the Governing Body, at its session in February-March 1964, more detailed proposals for the reference of the matter to the Commission, on the basis of which the consent of the Government will be requested in accordance with the decision recommended in the preceding subparagraph.
2. 7 November 1963. (Signed) Henry HAUCK, Chairman.