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. 179. The Committee last examined this case, which concerns the refusal to register the Army Welfare Sugar Mills Workers’ Union (AWSMWU), at its June 2008 meeting. On that occasion, the Committee noted with regret that the question of registration of the AWSMWU, first raised in 2003, had not yet been solved, and that the Government had not provided any information as to the reasons for adjournment of the AWSMWU’s case pending before the Supreme Court. The Committee expressed its expectation that the Supreme Court would make a final ruling on this matter in the near future, bearing in mind that civilians working in the services of the army should have the right to form trade unions, and requested the Government to provide a copy of the Supreme Court’s decision as soon as it was handed down. Also noting that the Government had previously indicated that the AWSMWU could operate and perform its activities, the Committee requested the Government to confirm whether that was still the case and expected that the union would be registered without further delay [see 350th Report, paras 143–145].
2. 180. In a communication dated 1 November 2008, the Government states that the AWSMWU’s case is sub judice before the Supreme Court of Pakistan and will inform the Committee as soon as the judgement is rendered.
3. 181. The Committee regrets that the Government once again reiterates that the AWSMWU’s case is pending before the Supreme Court without providing any information as to the reasons for adjournment of the case, which has not been solved since it was first raised in 2003. Recalling once again 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 once again expressed its expectation that the Supreme Court will make a final ruling on this matter in the near future, bearing in mind that civilians working in the services of the army should have the right to form trade unions, and once again requests the Government to provide a copy of the Supreme Court judgement as soon as it is handed down. Recalling that the Government had previously indicated that the AWSMWU could operate and perform its activities, the Committee once again requests the Government to confirm whether that is still the case and expects that the union will be registered without further delay.