Effect given to the recommendations of the committee and the Governing Body - Report No 357, June 2010

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

1. 70. The Committee last examined this case at its March 2009 meeting. The case concerns dismissals, harassment and violence against members of the Liaquat National Hospital Workers’ Union (LNHWU). On that occasion, the Committee made the following recommendation on the matters still pending [see 353rd Report, para. 184]:
   • The Committee reiterates its expectation that the necessary measures have been taken to investigate all allegations of: (1) torture and harassment against trade union members ordered by the management of the Liaquat National Hospital; (2) the abduction, beating and threats carried out against the LNHWU General Secretary, Mr Shahid Iqbal Ahmed, by the police; and (3) the dismissals and suspensions at the hospital. The Committee urges the Government to report on the investigation’s outcome and, if the allegations of ill-treatment are confirmed, to prosecute and punish the guilty parties and take all necessary measures in order to prevent the repetition of similar acts. In respect of the dismissals and suspensions, moreover, if it is found that the workers were dismissed for the exercise of their trade union activities, the Committee 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. The Committee requests the Government to be kept informed of developments in this regard.
2. 71. In its communication dated 4 March 2010, the Government indicates that, according to the report of the inquiry officer, the judicial magistrate had acquitted the concerned office-bearers of the union. The management of Liaquat National Hospital filed an appeal before the High Court, Sindh, against these acquittals, and the acquitted workers also filed suits for damages before the High Court. Both cases were currently sub judice.
3. 72. The Committee underlines the lack of clarity in the Government’s response, which refers, without further elaboration, to a case presently before the High Court on appeal leading to the acquittal of the union officials and an appeal lodged by the management against their acquittal, whereas, according to the pending complainant’s allegations, the trade union officials had been dismissed, harassed and tortured.
4. 73. Furthermore, the Committee deplores that the Government merely reiterates the observations it had already transmitted to the Committee in 2008, which highlights the Government’s failure to take measures to implement the Committee’s previous recommendations. Recalling with concern that the present case involves serious allegations of torture, harassment and dismissal of trade unionists, the Committee cannot but reiterate the recommendations it had made earlier. It therefore expects that the necessary measures will be taken to investigate without delay the allegations of: (1) torture and harassment against trade union members ordered by the management of the Liaquat National Hospital; (2) the abduction, beating and threats carried out against the LNHWU General Secretary, Mr Shahid Iqbal Ahmed, by the police; and (3) the dismissals and suspensions at the hospital. The Committee urges the Government once again to report on the progress and outcome of such investigation and, if the allegations of ill-treatment are confirmed, to prosecute and punish the guilty parties and take all necessary measures in order to prevent the repetition of similar acts. In respect of the dismissals and suspensions, moreover, if it is found that the workers were dismissed for the exercise of their trade union activities, the Committee again requests the Government to ensure that they are reinstated in their posts with back pay and, if reinstatement is not possible for objective and compelling reasons, that they are paid adequate compensation so as to constitute sufficiently dissuasive sanctions. The Committee urges the Government to keep it informed of developments in this regard.