Effect given to the recommendations of the committee and the Governing Body - REPORT_NO353, March 2009

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

1. 170. The Committee last examined this case, which concerns allegations of illegal detention of trade union leaders, violations of the right to collective bargaining, acts of intimidation, harassment and anti-union dismissals in the Pearl Continental Hotels, at its meeting in June 2008 [see 350th Report, paras 133–139]. On that occasion, it requested the Government to clarify whether the Pearl Continental Hotels’ Employees Trade Union Federation was one of the three registered trade unions functioning within the enterprise and to transmit copies of the judgements on the status of collective bargaining agents (CBAs) as soon as they were handed down. The Committee further requested the Government to report on the outcome of an independent inquiry into the alleged beatings of Messrs Aurangzeg and Hidayatullah on 6 July 2002 at the police station. In this respect, the Committee requested the Government to ensure that appropriate measures, including compensation for damages suffered, sanctioning those responsible and appropriate instructions to the police forces are taken to guarantee that no detainee is subjected to such treatment in the future. The Committee further requested the Government to report on the outcome of the investigation of the anti-union dismissals at the Karachi Pearl Continental Hotel and, if it had been found that there has been anti-union discrimination, to ensure that the workers concerned are reinstated in their posts, without loss of pay and, if reinstatement is not possible, that they are paid adequate compensation so as to constitute sufficiently dissuasive sanctions.
2. 171. In a communication dated 1 November 2008, the Government states that according to the management of the Karachi Pearl Continental Hotel, the Pearl Continental Hotels’ Employees Trade Union Federation is one of three trade unions working in the hotel. The Government emphasizes that the management is providing every facility as per policy to all its workers without any discrimination and that the hotel fulfils all international requirements.
3. 172. Furthermore, the Government reiterates its comments made previously with regard to the CBA status: (1) the issue of status of CBA is sub judice before the Sindh High Court; (2) there are a number of cases pending before various courts: the Supreme Court of Pakistan, the Sindh High Court, the Fifth Sindh Labour Court and the National Industrial Relations Commission; (3) there has been no change in the situation since last year; and (4) it is not possible for any authority to intervene in the cases pending before the courts. The Government adds once again that further developments will be communicated to the ILO as soon as these cases are decided.
4. 173. The Committee takes note of the information provided by the Government. With regard to the various cases on the status of CBAs pending before the courts, the Committee once again recalls that the facts of this case date as far back as 2001 and emphasizes that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 105]. The Committee trusts that all proceedings will be concluded without further delay and once more requests the Government to transmit copies of the judgements as soon as they are handed down.
5. 174. The Committee deeply regrets that no information was provided by the Government regarding the alleged beatings of Messrs Aurangzeg and Hidayatullah on 6 July 2002 at the police station. The Committee reiterates that in cases of alleged ill-treatment while in detention, governments should carry out inquiries into complaints of this kind so that appropriate measures, including compensation for damages suffered and sanctioning those responsible, are taken to ensure that no detainee is subject to such treatment. The Committee therefore urges the Government to carry out an independent inquiry without delay into the alleged beatings of Messrs Aurangzeg and Hidayatullah on 6 July 2002 at the police station, to keep it informed of the results of that inquiry and to ensure that appropriate measures, including compensation for damages suffered, sanctioning those responsible and appropriate instructions to the police forces are taken so as to prevent the repetition of such acts.
6. 175. The Committee regrets that no information has been provided by the Government on the outcome of an in-depth investigation of the anti-union dismissals at the Karachi Pearl Continental Hotel. It once again requests the Government to report on its outcome and, if it has been found that there has been anti-union discrimination, to ensure that the workers concerned are reinstated in their posts, without loss of pay and, if reinstatement is not possible, that they are paid adequate compensation so as to constitute sufficiently dissuasive sanctions. It requests the Government to keep it informed in this respect.