Global Policy Forum

Five Countries Named For Labor Violations

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International Labor Organization
November 21, 2002


Belarus, Colombia, Ecuador, Venezuela and Zimbabwe are among the serious and urgent cases cited today by the ILO Committee on Freedom of Association, whose report was adopted by the 285th meeting of the ILO Governing Body, for serious infringements of the principle of freedom of association and violations of trade union rights.

In its thrice-yearly report to the Governing Body, the Committee drew special attention to the case of Belarus, where the Committee noted with deep alarm the absence of progress towards implementation of previous recommendations and a serious deterioration in respect for trade union rights in the country.

The Committee repeated recommendations for information on the need to amend a Presidential Decree (No. 8) "so that workers' and employers' organizations may benefit freely, and without previous authorization, from the assistance which might be provided by international organizations for activities compatible with freedom of association".

The Committee also expressed concern over measures which appeared to be a manipulation of the trade union movement and could lead to financial difficulties for trade union organizations while further undermining the right of workers to elect their own representatives freely. It said it regrets certain declarations in a speech made in September this year by the President of Belarus to the Federation of Trade Unions of Belarus (FPB) which "represent a clear attempt to transform the trade union movement into an instrument for the pursuance of political aims".

As regards the recent elections of the President of the Federation of Trade Unions of Belarus, former Deputy Head of the Presidential Administration, as well as some other branch and regional trade unions, the Committee urged the Government to institute an independent investigation immediately into the allegations relating to government interference with the aim of rectifying any effects of this interference, including, if necessary, the holding of new elections.

Finally, the Committee requested its chairperson make special contacts with the Government representatives of Belarus in order to express the Committee's serious concern over the issues in this case.

In the case of Colombia, the Committee noted that while violence affects all sectors of the population, it was obliged to express its "deep concern once again at the situation of violence against trade union officials and members". It reiterated that "freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed".

The report lists allegations of attempted murders, abductions and threats showing that the situation of violence in Colombia continues to be extremely serious. Even the Government, in its reply, had indicated that the situation is deteriorating rather than improving.

Since the last examination of the case in June 2002, 45 murders, 37 abductions and nine attempted murders have been reported to the Committee. The Committee observed that the facts suggest that the measures adopted are insufficient to put an end to or reduce the violence directed against trade union officials. It deplored that, despite numerous requests, the Government has thus far not reported any convictions of individuals for the murder of trade unionists.

The Committee urged the Government to do everything in its power to achieve verifiable results in dismantling paramilitary groups and other violent revolutionary groups and to take the necessary measures to put an end to the intolerable situation of impunity and to punish all those responsible for the innumerable acts of violence.

In the aftermath of serious allegations of violations of the right to strike in Ecuador, including the invasion of plantations by hundreds of armed and hooded men who wounded 12 workers and harassed female workers, the Committee decided to place this case amongst those it considers to be of an especially serious and urgent nature.

The Committee further noted the complainants' emphasis that the employers were responsible for these actions. While noting certain steps already taken by the Government, the Committee urged the Government to ensure that an investigation and legal proceedings are commenced immediately to find out what happened, define responsibilities, punish the guilty parties, award compensation and prevent such incidents from happening again.

The case of Venezuela concerned allegations of unfair dismissal of 3,500 workers in the regional Government of the State of Trujillo within the framework of reorganization. While orders for reinstatement were made in respect of some of these workers, the regional entity failed to comply. The Committee therefore urged the Government to ensure that these rulings were implemented and requested the Government to carry out an urgent independent inquiry into the reasons for this mass dismissal and to ensure that, if it is established that these dismissals were made on anti-union grounds, the workers are reinstated with back pay.

In the case of Zimbabwe, the Committee examined a raid on the headquarters of the Zimbabwean Confederation of Trade Unions (ZCTU) by plain-clothes representatives of the Zimbabwean Republic Police who threatened to use force to disband the meeting unless they were allowed in the premises. The ZCTU was finally prevented from proceeding with the scheduled meeting.

Noting that the High Court in Zimbabwe found that the police did not have a right to monitor the meeting and that it issued an order prohibiting the police from attending meetings of the ZCTU General Council, the Committee requested the Government to ensure in the future that the principles of non-interference by the authorities in the meetings and internal affairs of trade unions are respected and to ensure implementation of the High Court order as concerns police intervention. The Committee further noted with grave concern the allegations concerning the intention of the authorities to deregister the ZCTU and the anti-union attitude before and during the electoral campaign and strongly urged the Government to refrain from any action in this respect.

Among the 31 cases examined by the Committee on their merits, two dealt with complaints submitted by national employers' organizations in Bosnia and Herzegovina and the Former Yugoslav Republic of Macedonia concerning obstacles to the registration of employers' confederations.

The Committee found that the current legislation in Bosnia and Herzegovina deprived employers and their organizations of the fundamental right to establish occupational organizations of their own choosing. The Committee requested the Government to initiate discussions with the complainants as soon as possible and to take all necessary measures urgently to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers' and workers' organizations.

As in the case above, the Committee requested the Government of the Former Yugoslav Republic of Macedonia to initiate discussions urgently with the complainant with a view to finalizing its registration process under a status that corresponds to its objectives as an employer organization. It further requested the Government to take all necessary measures to encourage and promote voluntary negotiation between the social partners.

In the case of Japan, the allegations concerned the current and upcoming reform of the country's public service. The Committee recalled that the right to organize was distinct from the right to strike, and urged the Government to amend its legislation so that fire-defence personnel and prison staff may set up organizations of their own choosing. As concerns the general prohibition of the right to strike for public employees, the Committee recommended that the Government reconsider its intention to maintain this blanket strike interdiction and requested it to amend its legislation to bring it into conformity with freedom of association principles in this respect.

As concerns collective bargaining, the Committee recalled that public servants should enjoy such rights, with the possible exception of the armed forces, the police and public servants directly engaged in the administration of the State and requested the Government to bring its legislation into conformity with these principles. Finally, the Committee strongly recommended that full, frank and meaningful consultations be held soon with all parties concerned on the rationale and substance of the public service reform to obtain a wider consensus on the subject and to bring the legislation into conformity with the freedom of association principles.


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FAIR USE NOTICE: This page contains copyrighted material the use of which has not been specifically authorized by the copyright owner. Global Policy Forum distributes this material without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C § 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.