Effect given to the recommendations of the committee and the Governing Body - REPORT_NO344, March 2007

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

1. 148. The Committee last examined this case at its November 2005 session [see 338th Report, paras 1155–1174] and made the following recommendations:
   • (a) The Committee again requests the Government to amend sections 1(4) and 2(XVII) of the IRO of 2002 in line with Conventions Nos. 87 and 98 ratified by Pakistan so as to ensure that all workers without distinction whatsoever, including those working in charitable institutions, may freely establish organizations of their own choosing. The Committee reminds the Government that it may avail itself of the technical assistance of the Office, it so desires.
   • (b) The Committee requests the Government to take the necessary measures, including the amendment of the legislation, so as to ensure that workers at the Liaquat National Hospital may challenge their dismissals and suspensions before independent courts or tribunals. The Committee further requests the Government rapidly to investigate all 18 cases of dismissals and eight cases of suspension at the hospital and, if the dismissals and suspensions of workers resulted from their trade union activities, the Committee requests the Government to ensure that those workers are reinstated in their posts with back pay and, if reinstatement is not possible, that they are paid adequate compensation so as to constitute sufficiently dissuasive sanctions.
   • (c) As for the allegations of pressuring, harassment and moral and physical abuse of trade union members, in view of the seriousness of the allegations, the Committee requests the Government to conduct an independent inquiry into the allegations of torture and harassment against trade union members ordered by the management of the Liaquat National Hospital, as well as into the allegations of abduction, beating and threats carried out against the LNHWU General Secretary, Mr Shahid Iqbal Ahmed, by the police and, if the allegations are confirmed, to punish the guilty parties and take all necessary measures in order to prevent the repetition of similar events.
   • (d) The Committee requests the Government to keep it informed of the measures taken or envisaged on the abovementioned matters.
2. 149. In its communication dated 6 October 2006, the Government states that in accordance with the Committee’s recommendations, the government of Sindh has been asked to conduct an inquiry into the matter of the Liaquat National Hospital in Karachi and to send a comprehensive report to the Ministry of Labour, Manpower and Overseas Pakistanis.
3. 150. The Committee notes the information provided by the Government. It regrets that no information was provided by the Government in respect of the measures taken or envisaged to amend the Industrial Relations Ordinance (IRO) of 2002 so as to ensure that all workers without distinction whatsoever, including those working in charitable institutions, may freely establish organizations of their own choosing. The Committee refers this aspect of the case to the Committee of Experts on the Application of Conventions and Recommendations.
4. 151. With regard to the allegations of anti-union dismissals and suspensions and the pressuring, harassment and moral and physical abuse of trade union members at the Liaquat National Hospital by the management of the hospital and the police, while taking note of the Government’s statement that the government of Sindh has been asked to conduct an enquiry into these matters, the Committee recalls that the alleged date back to 2002.
5. 152. The Committee therefore trusts that the Government will be able to report on the concrete results of the inquires conducted at the Liaquat National Hospital in the very near future and requests the Government to keep it informed of the progress made in this regard.