Effect given to the recommendations of the committee and the Governing Body - Report No 326, November 2001

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

1. 168. The Committee last examined this case at its June 2001 meeting when it requested the Government to engage immediately in discussions with the All-Ukrainian Trade Union “Solidarnost” with a view to establishing the date necessary for its registration and to indicate to the union any purely procedural formalities which might still need to be carried out by the union so that it may be registered without delay. The Committee also called upon the Government to take the necessary measures to ensure the reactivation of the union’s bank account [see 325th Report, paras. 89-91].
2. 169. In its communication of 23 August 2001, the Government indicates that with regard to the refusal by the Ministry of Justice to register the All-Ukrainian Trade Union “Solidarnost”, it had previously informed the Committee that an appeal was lodged by the union against the ruling given on 6 April 2000 by the Supreme Court of Arbitration (VASU). The appeal was heard by the arbitration college responsible for reviewing decisions and rulings of the VASU. On 25 July 2000, the arbitration college ruled that the original ruling of 6 April 2000 should stand. A protect was lodged with the VASU Presidium against the arbitration college ruling. The Presidium also ruled that the original VASU ruling of 6 April should stand, because the court had examined all the circumstances of the case and correctly assessed all the available evidence.
3. 170. The Committee takes note of this information. It notes with regret that the Government merely reiterates the information it had previously provided and that even if the complaint was lodged in March 2000, the complainant organization has still not been able to obtain its registration. It once again urges the Government to engage actively in discussions with the All-Ukrainian Trade Union “Solidarnost” with a view to establishing the date necessary for its registration. It once again requests the Government to keep it informed of the measures effectively taken to ensure the registration of the complainant organization as well as the measures taken concerning the reactivation of the union’s bank account.