Effect given to the recommendations of the committee and the Governing Body - REPORT_NO350, June 2008

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

1. 146. The Committee last examined this case, concerning the allegations of systematic refusal to register the Liaquat National Hospital Workers’ Union (LNHWU), dismissals and harassment of trade union members, at its March 2007 meeting [see 344th Report, paras 148–152]. On that occasion, the Committee requested the Government to report on the concrete results of the inquiries conducted at the Liaquat National Hospital.
2. 147. In a communication dated 6 November 2007, the Government reiterates the observations it had transmitted to the Committee in 2005, when the case was examined for the first time [see 338th Report, paras 1165–1167], to the effect that the LNHWU was illegally constituted as at the time of its establishment, its members were already dismissed and not employed by the Hospital, which is in contravention of section 6(2)(a) of the Industrial Relations Ordinance (IRO) of 2002 on establishment of trade unions. The Government indicates that since these persons were not entitled to form any union under the law, there is no violation of any domestic law or the ILO Conventions and thus, should no longer be examined by the Committee.
3. 148. The Committee regrets that no information was transmitted by the Government on the measures taken to implement the Committee’s recommendations. The Committee recalls that, during its last examination of the case in March 2007, it noted the Government’s indication that pursuant to the Committee’s recommendations, the government of Sindh had been asked to conduct an inquiry into the matter of the Liaquat National Hospital and to send a comprehensive report to the Ministry of Labour and Manpower. The Committee regrets that no information has been provided as to the outcome of the investigation.
4. 149. With regard to the Government’s statement that there has been no violation of ILO Conventions in this case, the Committee refers the Government to its previous conclusions and further underlines the Government’s initiative to request the Sindh government to carry out an inquiry into the matter. The Committee expects that the necessary measures have been taken to investigate all allegations of torture and harassment against trade union members ordered by the management of the Liaquat National Hospital, of abduction, beating and threats carried out against the LNHWU General Secretary, Mr Shahid Iqbal Ahmed, by the police and of dismissals and suspension at the hospital and requests the Government to report on the outcome. If the allegations of ill-treatment are confirmed, the Committee requests the Government to prosecute and punish the guilty parties and take all necessary measures in order to prevent the repetition of similar acts. Moreover, if it is found that the workers were dismissed for the exercise of their trade union activities, it requests the Government to ensure that they 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.
5. 150. The Committee further requests the Government to keep informed the Committee of Experts on the Application of Conventions and Recommendations, to which it refers the legislative aspects of the case, in respect of the measures taken or envisaged to amend the 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.