Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 233, Mars 1984

Cas no 1175 (Pakistan) - Date de la plainte: 07-SEPT.-82 - Clos

1. 161. The Federation of Oil, Gas, Steel and Electricity Workers (FOGSEW) submitted a complaint of alleged violations of trade union rights in Pakistan in a communication dated 7 September 1982, and supplementary information in communications dated 2 January, 11 April and 10 Hay 1983. In a communication dated 4 May 1983 the Government stated that a reply to the complaint would be sent in due course.
2. 162. The Committee, at its November 1983 meeting [230th Report, para. 24,], noted that it had still not received the observations requested from the Government on the allegations in spite of the time which had elapsed since the complaints were submitted and requested the Government to forward a reply as a matter of urgency. It pointed out that, in conformity with the procedure set out in paragraph 17 of its 127th Report, approved by the Governing Body, it would present a report at its next meeting on the substance of the case even if the Government's observations had not been received at that date.
3. 163. The Committee notes that the Government has still not sent the information and observations on the issues in this case.
4. 164. 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. The complainant's allegations

1. 165. The complaint in this case concerns the continuing application of the Pakistan Essential Services (Maintenance) Act, 1952. According to the complainant, this Act deprives the workers of the right to appeal to a court or to any other independent and impartial authority in respect of individual grievances concerning acts of anti-union discrimination in respect of their employment. It adds that this has allowed the employers to persecute and victimise active trade unionists. The complainant attaches a list of names of victims of anti-union discrimination with a brief history of the circumstances leading to each dismissal, demotion or transfer. The complainant argues that the Essential Services (Maintenance) Act is a piece of legislation which is specifically meant for application in times of national emergency and its application in normal conditions is unjustified in view of the protection afforded to public utilities in the Industrial Relations Ordinance of 1962.
2. 166. The complainant further alleges that all trade union activities have been banned in the following organisations: the Pakistan Television Corporation, the Pakistan Broadcasting Corporation and the Pakistan International Airlines Corporation as well as hospitals and the teaching professions.
3. 167. According to the complainant, the existing labour legislation in Pakistan denies the employees of the Water and Power Development Authority (WAPDA), the Railways and the Telecommunication Organisation the right of collective bargaining.

B. The Committee's conclusions

1. 168. The Committee would first express its profound regret that, in spite of the seriousness of the allegations made in this case and the various requests made to the Government to transmit its observations thereon, the Government has not done so. In these circumstances, and before examining the substance of the case, the Committee considers it necessary to recall the considerations it set out in its First Report [paragraph 31], namely that the purpose of the procedure for the examination of allegations of violation of freedom of association is to promote respect for trade union rights in law and in fact, and that if the procedure protects governments against unreasonable accusations, governments should in turn recognise the importance of formulating, for objective examination, detailed replies to the allegations brought against them.
2. 169. After making a detailed examination of the allegations and the information transmitted by the complainant, the Committee can only express its deep concern at their seriousness the denial of protection to workers in public utilities and corporations in respect of acts of anti-union discrimination through the continuous application of the Essential Services (Maintenance) Act, 1952; denial of the right to appeal to a court or any other independent and impartial authority in respect of individual grievances; persecution; dismissals; demotions; transfers; the denial of the right to organise and the banning of all trade union activity in certain important public enterprises.
3. 170. The Committee notes that it has already examined, in a case concerning Pakistan (214th Report, Case No. 1075, paras. 679-695),' similar allegations relating to the civil aviation sector and concerning measures of anti-union discrimination and the prohibition of trade union activity. The Committee considers it appropriate to refer to the conclusions it reached in that case and to draw once again, to the attention of the Government the principle contained in Convention No. 98, which it has ratified, that workers should enjoy adequate protection against all acts of anti-union discrimination.
   • In these circumstances the Committee urges the Government to ensure that all the cases of dismissal referred to by the complainants are examined by the competent bodies, and that reinstatement is ordered in all cases where the dismissal resulted from the exercise of legitimate trade union activity. The Committee requests the Government to keep it informed of any decisions taken in this regard.
4. 171. More particularly, the complainant has supplied detailed information concerning the dismissal of many workers employed in various public corporations which action was taken, according to the complainant, for strike or other trade union activity.
5. 172. As regards the prohibition of all trade union activity in certain important public enterprises, laid down in Martial Law Regulation No. 52 of 1981, the Committee considers that such a prohibition, which dates from 1981, constitutes a serious violation of freedom of association. In this connection, the Committee recalls that the Government had given an assurance that this prohibition would be lifted. It, accordingly, again expresses the firm hope that Regulation No. 52 will be repeated as soon as possible. It requests the Government to supply information on any measures taken to this effect.
6. 173. As regards the allegation that the right to negotiate is denied under present legislation, to unions in certain public corporations (water and power, railways, communications) the Committee, in the absence of any response from the Government on this aspect of the case, would emphasise that the right to negotiate wages and conditions of employment freely with employers and their organisations is a fundamental aspect of freedom of association and trade unions must have the opportunity to exercise this right without being hampered by legal restrictions. The adoption of restrictive measures violates the principle whereby organisations of workers and employers have the right to organise their activity and formulate their programme of action; it is also incompatible with the principle that collective bargaining should be promoted. The Committee, accordingly, requests the Government to take appropriate steps to ensure that full negotiating rights are enjoyed by the workers in the industries referred to in the complaint. It requests the Government to keep it informed of any action taken in this regard.
7. 174. The Committee refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.

The Committee's recommendations

1. 175. The Committee recommends the Governing Body to approve the present report and in particular the following conclusions:
   • (a) The Committee expresses its profound regret that, in spite of the seriousness of the allegations in this case, and the various requests made to the Government to transmit its observations thereon, the Government has not done so.
   • (b) With regard to the allegations of anti-union discrimination the Committee urges the Government to ensure that all cases of dismissal contained in the complaint are examined by appropriate review bodies and that reinstatement is ordered in any cases involving dismissal resulting from the exercise of legitimates trade union activity; it requests the Government to keep it informed of any action taken in this respect.
   • (c) As regards the prohibition of trade union activity in certain important public enterprises, laid down in Martial Law Regulation No. 52 of 1981, the Committee considers that such a prohibition constitutes a serious violation of freedom of association; it, expresses the firm hope that this Regulation will be repealed as soon as possible and requests the Government to transmits information on any measures taken to this effect.
   • (d) As regards the allegation that collective bargaining rights are denied to workers in certain other public corporations (water and power, railways, communications) the Committee requests the Government to communicate information on any action taken to' ensure that full negotiating rights are enjoyed by the workers in the corporations referred to, in accordance with the Right to Organise and Collective Bargaining Convention, 1949 (No. 98)'+ ratified by Pakistan.
   • (e) The Committee refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.