Effect given to the recommendations of the committee and the Governing Body - REPORT_NO325, June 2001

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

1. 53. The Committee last examined this case at its March 2001 meeting when it had noted with interest the restoration of: (i) the trade union rights of workers of the Pakistan Water and Power Development Authority (WAPDA); (ii) the registration and the legal status as collective bargaining agent of the WAPDA union; and (iii) the facility of check-off to the said union. The Committee had requested the Government to confirm that the ban on trade union activities in the Karachi Supply Company (KESC) had been lifted and further urged the Government to take the appropriate measures to ensure that the right of the KESC Democratic Mazdoor Union as collective bargaining agent was restored without delay. Finally, the Committee had requested the Government to keep it informed of any developments in respect of the WAPDA and KESC union officials who had been forcibly retired [see 324th Report, paras. 70-72].
2. 54. In a communication dated 3 May 2001, the Government states that the restoration of the check-off facility to the KESC Democratic Mazdoor Union is under consideration of the Government. However, due to the adverse financial position of KESC, it may take a little more time for the restoration of trade union activities in KESC.
3. 55. The Committee notes with serious concern that the Government merely repeats its previous argument that it will restore trade union rights in KESC as soon as the enterprise becomes viable and productive again [see 323rd Report, para. 427]. The Committee deeply deplores the continuation of the ban on trade union activities in KESC which has been in place for two years now (since 31 May 1999). The Committee is therefore bound to remind the Government once again that the Committee of Experts on the Application of Conventions and Recommendations has emphasized that the freedom of association Conventions do not contain any provision permitting derogation from the obligations arising under the Convention, or any suspension of their application based on a plea that an emergency exists [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 186]. Furthermore, the Committee considers that the viability or productivity of an enterprise must not be a precondition for the guarantee of the fundamental rights of freedom of association. As a result, the Committee urges the Government to lift the ban on trade union activities in KESC and to restore the trade union and collective bargaining rights of KESC workers without delay. It requests the Government to keep it informed of developments in this regard.
4. 56. The Committee once again requests the Government to keep it informed of any developments in respect of WAPDA and KESC union officials who were forcibly retired.