Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 22, 1956

1. 4. At its Seventh Session (November 1953), the Committee reported to the Governing Body on a complaint of the International Confederation of Free Trade Unions containing allegations of infringements of the exercise of trade union rights in Poland. Considering that it had before it " precise allegations that the situation in Poland is incompatible with the principle of freedom of association to which the Polish Government refuses to reply ", the Committee recommended the Governing Body to decide that the case merited further examination. This recommendation was approved by the Governing Body at its 123rd Session (November 1953). Resuming its examination of the case the Governing Body decided, at its 130th Session (November 1955), to ask the Director-General to request the Government of Poland again, in the name of the Governing Body, to present any observations which it might care to make on the complaint of the I.C.F.T.U. In response to this request of the Governing Body, the Government of Poland forwarded its observations by a letter dated 15 February 1956. The Committee has accordingly re-examined the case, taking into account the observations made by the Government and certain subsequent developments which are described in paragraphs 58 to 63 below.

5. The complaint of the International Confederation of Free Trade Unions against the Government of Poland was contained in a letter dated 16 February 1953, together with two annexes, entitled : " Suppression of Freedom of Association " and " Prohibition of Associations Among Certain Categories of Workers ". These documents are analysed below.

1. 6. In its letter dated 16 February 1953 the I.C.F.T.U introduced its complaint in the following terms:
2. It is a well-known fact that, under the political system now prevailing in Poland, the principle of respect of the right to organise has become a dead letter. However, as it is almost completely impossible to obtain detailed information on the situation in Poland, it is difficult to prepare a dossier containing a detailed description of the existing circumstances in support of this complaint.
3. Nevertheless, the attached documents fully justify a decision by the Governing Body to open an inquiry into the entirely unacceptable and intolerable situation prevailing in Poland.
4. The texts reproduced in the annexes to this letter prove that in fact Polish legislation prevents the Constitution of trade unions which do not accept the Government's ideology and instructions and has abolished all such unions that previously existed.
5. Poland is a Member of the International Labour Organisation. In that capacity she has recognised that it is urgently necessary to improve conditions of labour " involving ... injustice, hardship and privation to large numbers of people "..." as, for example...recognition of the principle of freedom of association " (Preamble to the Constitution of the I.L.O) and has also accepted the principle that "freedom of expression and of association are essential to sustained progress " (Declaration of Philadelphia).
6. Poland is a Member of the United Nations. It is bound by the United Nations Charter and has consequently undertaken to encourage "respect for human rights and for fundamental freedoms" (article 1. 3); it cannot be denied that the latter include freedom of association.
7. As a Member of the United Nations, Poland is morally, if not legally, bound to respect the provisions of the Universal Declaration of Human Rights, which includes the following provisions:
8. Article 20. Everyone has the right to freedom of peaceful assembly and association.
9. Article 23 (1). Everyone has the right to work, to free choice of employment....
10. Article 23 (4). Everyone has the right to form and to join trade unions for the protection of his interests.
11. The attached documents show that Poland is deliberately violating these contractual and moral obligations.
12. The I.C.F.T.U earnestly requests the Governing Body of the I.L.O to take all necessary action of a nature to put an end to a situation which is so clearly contrary to the ideals of the International Labour Organisation.
13. 7. Annex I to the aforesaid communication of the I.C.F.T.U containing the principal allegations and documentation concerning the trade union régime in Poland was as follows:
14. Suppression of Freedom of Association
15. The trade union organisations were established by the political party at present in power in Poland to achieve the aims of the Government, and operate under governmental control. Freedom of association is impossible under the present political system in Poland. This is due in particular to the Act of 1 July 1949 respecting trade unions, some of the provisions of which read as follows:
16. Article 1. With the object of:
17. Securing by statute the highly favourable conditions for the development of the trade unions which have been established by the popular power in Poland with a view to consolidating the victory and acquisitions of the working class, strengthening popular authority and building up socialism in Poland ; and for the purpose of:
18. Creating the most favourable conditions for the further activity of the trade unions in the sphere of representation and defence of the interests of the manual and non-manual workers, promoting systematic and continuous improvement in the material and cultural situation of the world of labour, mobilising the working class for carrying out the production plans, increasing the productivity of labour and developing the competitive spirit, and permanently raising the national economy to a higher level:
19. (1) manual and non-manual workers are guaranteed the right of voluntary organisation in trade unions and the fullest participation in the administration of popular power ;
20. (2) all provisions inherited from the capitalist system limiting the right of manual and non-manual workers to organise voluntarily in trade unions, subjecting the activities of the trade unions to supervision by the administrative authorities and aiming at the destruction of trade union movement, are abolished.
21. ......................................................................................................................................................
22. Article 5 (1). The principal body representing the trade union movement in Poland shall be the Federation of Trade Unions.
23. (2) The Polish Federation of Trade Unions shall be a body corporate.
24. It should not be concluded that the freedoms guaranteed in these articles are fully respected. On the contrary, as a result of conditions prevailing in Poland, the " right of voluntary organisation in trade unions " has become a dead letter. Thus, Mr. Victor Klosiewicz, the President of the Central Council of Polish Trade Unions, wrote in the review of the W.F.T.U. World Trade Union Movement (15-30 December 1951): ... our State budget, in which 31.5 per cent of the total expenditure is allocated to social and cultural purposes. The disposal of these sums, the determination of their best use and the principal control over their expenditure has largely been entrusted by the State to the trade unions ..."
25. The fact that nearly one-third of the State budget is handed over to the trade unions implies that the latter have become quasi-governmental organisations with administrative responsibilities. The practical consequence of this is that the workers must either join the trade union organisation recognised by the Government or lose the benefits granted by the community, or even be excluded from the community itself.
26. Consequently, there is no ground for surprise at the figures of trade union membership mentioned by Mr. Zadowski, the representative of the Polish trade unions at the W.F.T.U. Congress in Milan, when he stated that " in 1949 the Polish trade unions had 3,607,000 members, that is to say, nearly 100 per cent of the entire labour force ". It is thus obvious that a compulsory single trade union system has been established in Poland. Under these conditions, the apparently generous provision in the Act that " all provisions inherited from the capitalist system limiting the right of manual and non-manual workers to organise voluntarily in trade unions are abolished " is a piece of blatant hypocrisy.
27. These provisions are sufficient proof that all the trade union statutes in Communist Poland are intended to reinforce the authority of the People's Government, to mobilise the working class to fulfil production plans, and to develop the spirit of competition among the workers.
28. Consequently, the trade unions in Poland have certain duties assigned to them by the law which do not normally form part of the functions of trade unions. These functions are intended to strengthen the authority of the Government and to protect the interests of the employer, in other words, the interests of the State. The evidence shows that these aims have priority over, and have in fact replaced, the normal functions of trade unions.
29. Under a one-party political system, no distinction can be made between the Government and the party in power, as both exercise governmental authority. In fact, the party organs determine the policy of the Government. The Secretary of the Communist Party, which in Poland is known as the " United Polish Workers' Party " (P.Z.P.R.) is also Prime Minister. The trade unions in Poland are instruments of the Communist Party and consequently instruments of the Government. Mr. T. Cwik, General Secretary of the Central Council of Trade Unions, stated this fact clearly in a speech which was reported by Trybuna Ludu, the official organ of the Communist Party, on 27 January 1949. He said " We relate all trade union activity to the great political programme of the working classes and fully accept the dominant role of the P.Z.P.R in our movement ".
30. He added that the Central Council of Trade Unions insisted on the need to put an end to the tendency in the trade union movement towards dissociation from the political party of the proletariat and its political programme.
31. The Polish Federation of Trade Unions has a legal monopoly over trade union organisation down to the lowest levels ; this monopoly springs from the power it has, through the system of registration, to decide what unions are to be allowed to exist. This provision, together with the security police system existing in the country, is sufficient to ensure that all trade unions accept the authority of the Federation and that no attempt will be made to develop unions the aims of which are to protect the interests of the workers ; any such attempt would in any case be doomed to failure.
32. Particular attention should be given to the conditions in which the Polish Federation of Trade Unions obtained this organisational monopoly. The independent trade union leaders were removed from their posts, not by their members but by the police, on the grounds that they were not Communists.
33. As early as 1947, at the end of May and the beginning of June, the political police arrested large numbers of trade union militants. They were accused of having fomented " diversionary strikes with the assistance of agents sent to workers' organisations, provoking unhealthy disturbances, spreading anti-Soviet propaganda and building up a war atmosphere " (from the official communiqué of the Department of Public Safety issued on 7 June 1947). The trade union militants arrested included Mr. A. Zdanowski, Secretary of the pre-war Trade Union Federation of Poland, and M. A. Szczerkowski, President of the Textile Workers' Federation.
34. Consequently, all the Polish trade unions are dominated and controlled by the Communist Party, that is to say, they are in fact government-controlled.
35. The trade unions in Poland do not carry out the most important functions of proper trade unions. They do not engage in wage negotiations. The reports of meetings of the controlling bodies of the Federation of Trade Unions and its affiliated unions show that questions of wage rates and wage claims do not appear on their agenda, or at least have not done so during the last two years.
36. The resolution adopted at a plenary session of the Central Council of Trade Unions reported in Trybuna Ludu on 6 August 1950 states : " All the activity of the trade unions on questions of production, in connection with improving standards of living and cultural, educational, press and publishing work and all other activity must be closely bound up with the achievements of the Six-Year Plan and dependent on those achievements."
37. The trade unions apparently have no desire to take up the defence of the wages and standards of living of the workers and are not free to do so ; consequently, they deal mainly with problems concerning increases in productivity. It is worthy of note that at the Second Congress of the Polish Federation of Trade Unions (1-5 June 1949), the President, Mr. Alexander Zawatski, stated : " So far, the trade unions have not succeeded in taking over the direction of the movement of emulation on a comprehensive and systematic basis ; they have not succeeded in analysing rationally and giving concrete form to the movement or in replacing the methods used when that has been necessary." Since then, some progress seems to have been made, as in August 1950 it was agreed that the main task of the trade unions was the fulfilment of the production plans. Thus, on 6 August 1950, Trybuna Ludu explained that " the subordination of all trade union activity to the work of the Plan means above all that the unions are faced with the immense and highly responsible task of pursuing the mobilisation of the working classes ... with a view to increasing the productivity of the workers..." This expression refers to increases in the speed of work and, as the paper puts it, " the struggle to increase the productivity of labour, which requires above all the continuous development of socialist competition ". The article says that the first duty of trade unions is " to organise competition ... constantly to make sure that all the workers reach and exceed the production standards laid down by taking part in this competition ".
38. A resolution, printed in Trybuna Ludu of 5 August 1950, was adopted at a plenary meeting of the Central Council of Trade Unions, stating, among other things, that " the task of the trade unions is to develop the movement of workers' competition throughout the masses of workers and salaried technicians ".
39. The same tendencies appear repeatedly in a statement by Mr. Klosiewicz, President of the Central Council of Trade Unions, to the Tenth Plenum of the Central Council of Trade Unions on 29 July 1952:
40. The Plenum of the Central Council of Trade Unions is taking place a few days after the adoption by the Diet of the Constitution of the People's Republic of Poland. In the new Constitution, the trade unions have a considerable part to play ; they are assigned important tasks in connection with the consolidation of the dominant role of the working classes in the government of the State and the development of its activity in production.
41. At the end of his statement, Mr. Klosiewicz said:
42. A great task lies ahead of us in the mobilisation of all the workers in the struggle to achieve the targets of the third year of the Six-Year Plan. The trade unions are faced with great tasks in connection with the great political campaign, the elections to the Diet of the People's Republic of Poland and the elections to the local People's Councils. Following the great experience of the Soviet trade unions, we shall make every effort to fulfil the great and honourable duties assigned to us by the instructions of the Seventh Plenum of the Central Committee of the Party and the directions of Comrade Bierut. We shall do everything in our power to make the trade unions the great school of socialism.
43. The interference of the political authorities in trade union life was publicly admitted in December 1948 by Mr. Bierut, President of Poland, when he said:
44. The [Communist] Party must play a dominant and decisive part in the most important task facing the country, the task of developing production and education, through the intermediary of the trade unions and the affiliated organisations.
45. The official organ of the Cominform stated on 5 January 1952 : " In the People's Republic, the role of the trade unions in Socialist competition has gradually developed under the control of the Polish Workers' Party (i.e. the Communist Party)."
46. It is thus clear that the trade unions are controlled by the Communist Party, which in its turn identifies itself with the Government. To sum up, then, the Polish Government, by legislative and other means, has made the trade unions responsible for upholding the authority of the Government and for promoting the interests of the State, which is the only employer. This domination by the Communist Party, which is equivalent to governmental control, has meant that the trade unions have completely ceased to include the protection of the interests of workers among their aims and have completely subordinated their activities to the requirements of the Government's plans as laid down in the Six-Year Plan.
47. 8. Annex II to the communication of the I.C.F.T.U dated 16 February 1953, relating to the trade union rights of workers and members of production cooperatives, was as follows:
48. Prohibition of Associations among Certain Categories of Workers
49. By a decision of the Central Council of Trade Unions members of production co-operatives, that is to say, organisations of artisans of which members of co-operatives were compelled to be members, were deprived, as from 1 January 1952, of the right to organise or belong to trade unions. This decision affects not only actual members of co-operatives, but also manual and non-manual workers employed by co-operatives
50. This exclusion deprives artisans in co-operatives and the workers employed by them of the right to free medical care and other advantages granted to beneficiaries of the social insurance scheme.
51. Commenting on this decision, the paper states that the previously existing situation was contrary to the statutes of the Federation of Trade Unions, which only allow persons who do not own their productive resources to become members.
52. ANALYSIS OF THE GOVERNMENTS REPLY
53. 9. In its reply dated 15 February 1956 the Polish Government made the following observations on the questions raised in the complaint of the I.C.F.T.U:
54. The complaint of the International Confederation of Free Trade Unions dealing with questions concerning the role of the Polish trade unions, relations between the trade unions and the State and the problem of trade union freedom is a document which represents the situation of the trade unions in Poland in a manner which is deliberately tendentious and false.
55. This complaint, which, clearly by design, passes over in silence the well-known fact, confirmed by the Constitution of the People's Republic of Poland, that in our State power belongs to the workers, a fact which certainly must have essential significance with respect to the situation of the trade unions as workers' organisations, is intended to misrepresent the truth and to draw not objective conclusions but conclusions which the authors have decided upon in advance.
56. In pre-war Poland, the essential task of the trade unions was to defend the interests of the working class against the capitalists and the State, which, contrary to what has so often been proclaimed, defended in practice the interests of the proprietorial class and represented a system based on economic exploitation and political oppression. The interests of the working class and of its trade unions were diametrically opposed to those of the capitalists and of the State, as it was at that time, and consequently the defence of the workers' interests by the trade unions assumed the form of a class struggle.
57. The situation of the trade unions is entirely different in a State in which the working class is in power.
58. It would be naive or evidence of bad faith to suppose that in the conditions prevailing in a State such as present-day Poland, where power belongs to the workers, the role of the trade unions could assume the form of a class struggle against the State. In the name of what cause should trade unions and workers fight against their own State when political and economic power is in the hands of the workers, exploitation of labour has been abolished and, thanks to the socialisation of the means of production, the results of the work of those who produce goods benefit not this or that individual or group but are destined to satisfy to the maximum the needs of all the workers ?
59. In these circumstances it is evident that all trade unions in Poland, consciously and freely and with the support of all their members whatever their political opinions or creeds may be, have recognised the principle of the conformity of the interests of the working class and of its trade unions with those of the People's State. This is enunciated at all Congresses and in the Constitution and rules of the trade unions.
60. It is the omission of these fundamental facts resulting from the very nature of the People's State which has led the authors of the complaint to all their erroneous conclusions.
61. This is the case, in particular, with regard to their conclusions concerning the participation of the trade unions in the carrying out of economic plans.
62. The trade unions in Poland have recognised as one of their essential tasks the participation of the working class in the preparation and carrying out of Economic Plans, not because the Government has " imposed " these tasks upon them but because, in circumstances where the fundamental branches of production are socialised, the working class is most directly interested in the development of the economy of the country and in the raising of national income. It is precisely in this way that the working class consciously realises its aspirations to improve its own well-being. In these conditions, a trade union which did not pay heed to questions affecting production would be acting contrary to the interests of its members. It is therefore easy to understand why participation in the carrying out of the plans of production is a natural task of all workers and of their trade unions.
63. But when examining the tasks of the trade unions in the domain of production, it is not possible to ignore, as do, tendentiously, the authors of the complaint of the International Confederation of Free Trade Unions, a second aspect of the tasks which devolve on the trade unions, that is, their role as defenders of the interests of the workers in all spheres of life.
64. The Polish trade unions, while operating in a State which is building socialism and in which the closest association of the interests of the working class with those of the People's State has become a lasting reality for the first time in the history of our country, have maintained to the full their role as representatives and defenders of the interests of the workers.
65. Their task is to represent the interests of the workers in relation to the economic administration and to defend these interests against any kind of deficiency in the working of the economic structure, especially deficiency on the part of managements of undertakings who often do not understand how to reconcile in an appropriate manner the interests of the workers and those of production. In the statutes and rules and resolutions of trade union organisations emphasis is placed on the capital importance of the tasks of the trade unions, which consist in combating energetically any attempt on the part of the economic administration to act contrary to the intentions of popular power, to violate labour legislation and to infringe the rights of manual workers and salaried employees.
66. Defending the interests of the workers, the Polish trade unions, in accordance with their rules, ensure that the administration shall give effect to stipulations in collective agreements concerning wages, shall fulfil the undertakings given in the collective agreements concluded for the factories, shall apply the regulations concerning health and safety, protection of female and juvenile workers and standards concerning working and protective clothing, shall respect the rules laid down respecting cancellation of contracts of employment and shall observe the workers' rights to paid holidays. The trade unions interest themselves in conditions in workers' canteens and hotels, participate in the allocation of housing, etc. The trade unions also participate in the settlement of all problems relating to the living and working conditions of the workers and take the initiative to secure increases in wages, improvement of social benefits and working conditions and the promotion of legislation. It is important to emphasise that the trade unions have the function, in the last resort, of interpreting labour legislation.
67. It cannot be contested that the role and status of the trade unions in Poland, as organisations whose purpose is the defence of the interests of the workers, are ceaselessly developing and gaining strength. Those who seek to represent the role of the trade unions in Poland in a tendentious manner wish to ignore the historical changes which have taken place in the years since the war. The fact that they ignore existing realities causes them to falsify them and everything flowing from them. Thus, for example, the authors of the I.C.F.T.U complaint present in a false light the participation of the trade unions in the settlement of problems affecting wages. They pretend that these problems are settled by unilateral decisions on the part of the Government, which is utterly contrary to the spirit of the legislation and of political reality.
68. The trade unions in People's Poland have always taken part in the fixing of the wages of workers and employees and in the establishment of wages systems in the different branches of industry, in particular (a) basic wages depending on the qualifications of the worker or employee, the economic importance of the branch of industry in question for the development of the force of production and the amount of fatigue involved in the work in question ; (b) bonuses (variable additions to the wage) depending on the quality of production, economic use of materials, giving effect to the plan, etc.
69. The Central Council of Trade Unions, as the executive organ of the Polish Trade Union Federation, participates in the work of the Government with respect to the distribution of national income. The Presidium of the Government adopts no unilateral decisions concerning wages but consults the Central Council of Trade Unions. Further, ministerial decisions relating to these questions are taken after previous discussion with the Executive Committees of the respective trade unions. As an example reference may be made to the increases in wages in 1954 and 1955 granted after proposals had been put forward by the trade unions. These increases affected in particular agricultural workers, railwaymen, miners, metallurgical workers, teachers, workers in health services and other categories of workers. In Poland any unilateral attempt to change wages and working conditions is inadmissible. In the event of wages being calculated contrary to the collective agreement and regulations in force, the trade union intervenes with the management on behalf of the worker concerned to ensure that he shall obtain the salary which is due to him, and, if there is a dispute, the trade union refers the question to the Workers' Arbitration Committee or to the tribunal.
70. The authors of the complaint no less falsely represent the problems relating to the social, cultural and educational activities of the trade unions. The statement claiming that the trade unions utilise that part of the State budget which is devoted to social, cultural and educational activities is based on misunderstanding and does not correspond to the truth. On the contrary, the trade unions have the right and the duty, in the interests of the working class, to see that these funds are utilised in the best possible manner. The trade unions may institute proposals for the utilisation of these funds and, through the intermediary of the trade union organisations and the committees which they set up, supervise such utilisation. The trade unions have secured these rights under collective agreements. For example, in the collective agreement for the building trade (Chapter 5, paragraph 32), it is stated:
71. (1) The management of the undertaking is required to utilise to the full the funds granted for social activities, the amount of which in the case of each undertaking is determined by the superior authority. The social activity plan within which this money is allocated is drawn up by the management of the undertaking, after adjusting it in consultation with the works committees and delegates and with the respective trade union organisations. Works committees and delegates supervise the utilisation of the funds and the carrying out of this plan.
72. (2) The sums provided for social activities in the undertakings to which this agreement relates will be distributed between the different organisational units in the undertaking on the basis of a joint agreement between the representatives of the parties signatories of the present agreement.
73. All workers, whether members of trade unions or not, may take advantage of the cultural benefits provided. Also, all workers, independently of their trade union affiliation, have the right to participate in social insurance benefits according to the same principles and in the same way.
74. Apart from the cultural and social benefits provided by the State, the trade unions themselves possess and administer certain cultural centres, such as trade union schools and cultural establishments, and grant certain benefits and allowances. The rules governing participation in the benefits derived from trade union funds are defined by the Constitutions and rules of the trade unions.
75. The examples mentioned above clearly show how absurd are the conclusions reached by the authors of the I.C.F.T.U complaint.
76. The authors of the complaint misrepresent the facts and the conclusions which they draw with respect to the role of the trade unions in the field of social insurance administration, labour inspection and organisation of the leisure time of the workers. The Polish trade unions regard as a great achievement the fact that they have now, precisely through the administration of social insurance, etc., a much greater and more direct influence on the problems affecting the living and working conditions of workers and employees. Is it conceivable that in countries in which trade unions have not yet obtained such important gains the workers would protest against their rights being broadened if they had any possibility of obtaining this ? Consequently, the conclusions drawn from the fact that the trade unions in Poland have obtained such important rights, conclusions which pretend that the trade unions are " subordinated" to the Government, could be called paradoxical if they were not evidence of the bad faith of those who present them.
77. Examination of the tasks of the trade unions clearly reveals the important role and unlimited freedom of action of the trade union movement in Poland. The unity of the Polish trade union movement does not flow so much from the Trade Unions Act of July 1949 as from the long struggle of the working class. The unity of the trade union movement in Poland was proclaimed at the Congress of Trade Union Representatives in Lublin in November 1944 and confirmed unanimously by the First Polish Trade Union Congress in November 1945. Hence, unity had become a reality well before the adoption of the Act of 1949. The Act, adopted by the Diet of the People's Republic of Poland following the unanimous resolution of the Second Trade Union Congress, is of capital importance to the Polish trade union movement, especially because, by initiating it, the trade unions contributed to the abolition of the restrictions of trade union freedom dating from before the war and ensured to themselves total independence and full freedom of action. This Act in no way limits the rights of citizens to organise, these rights being guaranteed by the Constitution of the People's Republic of Poland. Workers may organise in occupational organisations which they consider to be useful. For example, independently of the Cultural Workers' Trade Union, whose membership includes artists, journalists, writers, musicians, painters, designers, etc., there exist other occupational organisations such as the Polish Journalists' Association, the Polish Writers' Union, the Musicians' Union, the Theatre and Film Actors' Union. Engineers, technicians and supervisory staff, apart from being able to belong to the different trade unions, also associate in the General Technical Organisation ; all these organisations, although of an occupational character, do not belong to the Trade Union Federation.
78. The same is true with respect to the pretended " prohibition of certain categories from organising in trade unions " (see Annex II of the I.C.F.T.U complaint). The decision taken by the Central Council of Trade Unions in December 1951, settling the problem of trade union affiliation, clearly stated that workers and salaried employees working in co-operatives have full right to organise in trade unions. On the other hand, members of work co-operatives, in other words those who are the owners of their means of production, belong to their own organisation and, as a result, cannot be members of trade unions. However, they benefit from social insurance like all workers.
79. In these circumstances, where the trade unions constitute a workers' organisation, membership of which is voluntary, and develop considerable activities in the interests of the workers for the defence of their rights and their gains, while determining for themselves their relations with public and economic administrations, trade union activity is entirely in accordance both with the Charter of the United Nations and the Universal Declaration of Human Rights.
80. In these circumstances, the I.C.F.T.U document can be regarded only as a pamphlet issued for specific political purposes and one has no alternative but to denounce its authors, who are seeking to disturb international co-operation.
81. Acts of this kind are contrary to the interests of all trade unions and all workers. The Government of the People's Republic of Poland approves the attitude of the Central Council of Trade Unions, which represents the opinion that, independently of existing differences in their situations and methods of action having regard to the kinds of régime existing in the countries in which they carry on their activities, and independently, also, of differences in ideology, all trade unions have the same aim, namely to fight for the raising of the standard of living of the workers, democratic and trade union rights and peace and progress, which are in the interests of every worker, and that in the cause of these common objectives they should cooperate between themselves.
82. The Polish Government approves the attitude of the Polish trade unions which have declared that they have no intention whatsoever of imposing on any trade union organisation either their own ideology or their own methods of action. The Polish trade unions, however, require other trade union organisations to adopt a similar attitude.
83. OBSERVATIONS CONCERNING THE REPLY SUBMITTED BY THE POLISH GOVERNMENT ON 15 FEBRUARY 1956
84. 10. The complainant alleged that under the existing political régime the principles of freedom of association have become a dead letter, and that it is clear from the legislative provisions and statements from official or trade union sources cited in the complaint that Polish legislation aims at the suppression of trade unions which do not accept the ideology and directives of the Government, and that the existing trade union organisation has been established by the Government in power to facilitate the achievement of its objectives and operates under its control. The complainant considered that freedom of association is inconceivable under such a régime.
85. 11. In support of its contention, the complainant made a number of more specific allegations, which may be grouped as follows:
86. (1) allegation relating to the monopoly of the Polish Federation of Trade Unions ;
87. (2) allegations concerning control of the trade unions by the Communist Party and the Government ;
88. (3) allegation relating to the removal from office and arrest of certain trade union leaders ;
89. (4) allegation with respect to the orientation of the activities of the existing trade unions ;
90. (5) allegation concerning the prohibition of associations among certain categories of workers.
91. Allegation concerning the Monopoly of the Right of Trade Union Association by the Polish Federation of Trade unions
92. 12. The complainant alleged that the Polish Federation of Trade Unions, of a Communist tendency, which, according to the Act of 1 July 1949 respecting trade unions, is " the principal body representing the trade union movement in Poland ", enjoys a statutory monopoly with respect to the right of association. In fact, in accordance with the system of registration in force, the Federation alone, it was claimed, is entitled to authorise the existence of the different occupational associations, even at the lowest levels.
93. 13. In these circumstances, and having regard to the existence in the country of a " security police system ", the trade unions, it was alleged, are obliged to yield to the authority of the Federation and it is impossible to think of constituting independent trade unions to protect the interests of the workers, any attempt to do so being doomed to failure beforehand.
94. 14. In its reply, the Government declared that the unity of the Polish trade union movement " does not flow so much from the Trade Unions Act of July 1949 as from the long struggle of the working class ". The unity of the trade union movement in Poland was proclaimed at the Congress of Trade Union Representatives in Lublin in November 1944 and confirmed unanimously by the First Polish Trade Union Congress in November 1945. Hence, unity had become a reality well before the adoption of the Act of 1949. The Government emphasised that this Act was adopted by the Diet on the proposal of the trade union organisation.
95. 15. The Trade Unions Act, 1949, in no way limits the rights of citizens to organise, these rights being guaranteed by the Constitution of the People's Republic of Poland. Workers may organise in occupational organisations which they consider to be useful. For example, independently of the Cultural Workers' Union, whose membership includes artists, journalists, writers, musicians, painters, designers, etc., there exist other occupational organisations such as the Polish Journalists' Association, the Polish Writers' Union, the Musicians' Union, the Theatre and Film Actors' Union. Engineers, technicians and supervisory staff, apart from being able to belong to the different trade unions, also associate in the General Technical Organisation ; all these organisations, although of an occupational character, do not belong to the Trade Union Federation.
96. 16. While the complainant maintained that Polish trade union legislation establishes a monopoly in favour of the Polish Federation of Trade Unions, the Government argued that the unity of the Polish trade union movement is the result of historical evolution prior to the adoption of the Trade Unions Act of 1949, that the principle of unity was accepted by trade union congresses in 1944 and 1945, and that the provisions of the Act of 1949 are less absolute in character than the complainant pretends, because, having regard to the Constitutional guarantee of the right of association, workers have the right to organise as they consider useful and that, in fact, occupational associations independent of the Trade Union Federation have been established by artists, journalists, engineers, etc.
97. 17. The provisions of the Trade Unions Act of 1 July 1949, to which both the complainant and the Government referred, are as follows:
98. 3. The Constitution of the Federation of Trade Unions in Poland and the Constitutions of the trade unions composing the Federation shall lay down the functions, objects and sphere of action of the trade unions. The Constitution of the Federation of Trade Unions in Poland shall be adopted by the Congress of Trade Unions in Poland.
99. ......................................................................................................................................................
100. IV. Trade Union Organisation and Authorities
101. 5. (1) The principal body representing the trade union movement in Poland shall be the Federation of Trade Unions.
102. (2) The Federation of Trade Unions in Poland shall be a body corporate.
103. 6. The supreme authorities of the Federation of Trade Unions in Poland shall be:
104. (1) the Congress of Trade Unions ;
105. (2) the Central Council of Trade Unions.
106. 7. The manner in which and means by which delegates shall be elected to the Congress, the number of delegates, and the intervals at which the Congress of Trade Unions shall be convened, shall be laid down in the Constitution of the Federation of Trade Unions of Poland.
107. 8. The Central Council of Trade Unions shall be answerable for its actions only to the Congress of Trade Unions.
108. 9. (1) The Central Council of Trade Unions shall maintain a register of the trade unions.
109. (2) Each trade union shall become incorporated on being registered.
110. 18. Having regard to the aforesaid provisions, it would appear at first sight that only the Federation of Trade Unions is at present entitled, at the national level to represent the Polish trade union movement (section 5 (1) of the Act), to define jointly with the Polish trade unions, the functions, objects and sphere of action of the trade unions (section 3) and to confer legal personality on trade unions by entering them in the register (section 9).
111. 19. Thus, within the meaning of the Act of 1949, it would not seem possible to constitute a trade union organisation without the consent of, or contrary to the provisions prescribed thereon by, the competent organs of the Polish Federation of Trade Unions.
112. 20. In this connection, the Committee has taken note of the provisions of the Constitution and rules of the Polish Trade Unions adopted by the Third National Trade Union Congress (May 1954) relating to the recognition of trade unions by the Federation. These provisions are as follows:
113. 9. Trade unions are organised according to the principle of production, that is to say:
114. (a) to organise workers employed in the same undertaking or institution belonging to the same trade union ;
115. (b) each trade union groups the workers and salaried employees engaged in the same branch of the economy or in related branches.
116. 10. Each trade union possesses its own Constitution and rules based on those of the Polish Federation of Trade Unions. The Constitutions and rules of other trade unions must be registered by the Central Council of Trade Unions. Each trade union registered with the Central Council of Trade Unions possesses legal personality.
117. 21. The aforesaid provisions in the Constitution and rules of the Federation of Trade Unions provide for the existence of a single union in each economic branch (or related branches), that the rules of each trade union must be based on those of the Federation, competence with respect to the registration of trade unions pertaining to the Central Council of Trade Unions in accordance with the Act of 1 July 1949. It would therefore appear that, in so far as the existing trade unions cover all branches of the Polish economy, the formation of new trade unions inside the Federation and within the scope of Polish trade union legislation could not be envisaged, unless these were to result from a merger or division of existing trade unions. As the rules of each trade union must be based on those of the Federation, unions which might wish to become registered with the Central Council of Trade Unions must accept the various basic principles enunciated in the Constitution and rules of the Federation including, in particular, the recognition of the guiding role of the United Polish Workers' Party. The Constitution of occupational associations within the meaning of the Trade Unions Act, 1949, as supplemented by the Constitution and rules of the Federation, would appear, therefore, to be subject to certain conditions of a political nature.
118. 22. The Government argued, however, that, the right of association being guaranteed by the Constitution, the provisions of the Act of 1 July 1949 in no way limit the right of workers to form occupational associations independent of the Federation if they consider this useful and that, in fact, there existed independently of the Federation a number of other organisations of an occupational nature.
119. 23. The provisions of the Polish Constitution of 22 July 1952 relating to the right of association are as follows:
120. Article 72. (1) In order to promote the political, social, economic and cultural activity of the working people of town and country, the Polish People's Republic guarantees to its citizens the right of association.
121. (2) Political organisations, trade unions, associations of working peasants, cooperative associations, youth, women's, sports and defence organisations, cultural, technical and scientific associations, as well as other working people's social organisations, unite the citizens in active participation in political, social, economic and cultural life.
122. (3) The setting up of, and participation in, associations the aims or activities of which are directed against the political or social system or against the legal order of the Polish People's Republic are forbidden.
123. 24. While article 72 (1) of the Polish Constitution guarantees its citizens the right of association in order to promote the political, social, economic and cultural activity of the working people of town and country, and article 72 (2) provides that " trade unions ... unite the citizens for active participation in political, social, economic and cultural life ", article 72 (3) nevertheless prohibits the formation of a certain type of association, namely those " the aims or activities of which are directed against the political or social system or against the legal order of the Polish People's Republic ".
124. 25. While the Government referred to the existence, independently of the Federation of Trade Unions, of several organisations of an occupational nature, it would appear at first sight that the organisations to which reference is made group essentially two particular categories of persons, namely in the first group, artists and " cultural workers " in general, and, in the second group, higher technical grades including heads of undertakings. In these circumstances, and having regard also to the fact-mentioned by the Government-that the persons in question are also grouped in trade unions affiliated to the Federation, it would appear that this system of " independent associations " is a special arrangement corresponding to particular needs of certain artistic and technical professions, the members of which, belonging to trade unions affiliated to the Federation, are also grouped in associations whose artistic and technical nature is normally more important than their trade union nature properly so-called, and the existence of which does not constitute a certain proof that it is possible for workers and salaried employees in general to set up trade union organisations of their own choosing outside the system laid down in the Trade Unions Act of 1949.
125. 26. It is a generally recognised principle that workers, without distinction whatsoever, should have the right to establish and join organisations of their own choosing without previous authorisation, and that, while in exercising this right workers must, like other persons or organised collectivities, respect the law of the land, the law of the land should not be such as to impair, nor should it be so applied as to impair, the fundamental principle.
126. 27. The Committee has noted the assurance given by the Government that the unity of the Polish trade unions is the result of historical evolution rather than of the application of existing trade union legislation and that this legislation does not prevent the formation by the workers of such organisations as they consider useful. It has also noted that in fact persons engaged in certain artistic and technical professions have established organisations independent of the Polish Federation of Trade Unions. There is, however, no information before the Committee with respect to the legal status of these organisations. In these circumstances the Committee emphasises the importance which it has always attached to the generally recognised principles that workers, without distinction whatsoever, should have the right to establish and join organisations of their own choosing without previous authorisation and that, while in exercising this right workers must, like other persons or organised collectivities, respect the law of the land, the law of the land should not be such as to impair, nor should it be so applied as to impair, the fundamental principle. The Committee reaffirms the opinion which it has expressed in earlier cases, and notably in Case No. 3 relating to the Dominican Republic, that freedom of workers to constitute and join organisations of their own choosing cannot be said to exist unless such freedom is fully established and respected in law and in fact.
127. Allegations with Respect to Relations between the Trade Unions, and the United Polish Workers' Party and the State
128. 28. It was alleged that the Polish Federation of Trade Unions is merely an instrument in the service of the Communist Party, which, according to a statement of Mr. Bierut, former President of the Republic of Poland, must perform " its task of developing production and education through the intermediary of trade unions and affiliated organisations ". The Secretary-General of the Central Council of Trade Unions was also stated to have declared that he " recognised fully the guiding role of the Communist Party in the trade union movement " and to have added that the Central Council of Trade Unions " emphasises the need to put an end to the tendency to separate the trade union movement from the political party of the proletariat and from its programme of activity ". It was alleged, therefore, that all the Polish trade unions are dominated and directed by the Communist Party ; this Party alone being in power, it is, in fact, the Government which has control over the trade unions. It was contended also that the Polish trade unions have been transformed into governmental organs invested with public functions. In support of this allegation, the complainant referred to an article by Mr. V. Klosiewicz, then President of the Central Council of Trade Unions, which appeared in the review World Trade Union Movement, published by the W.F.T.U, according to which 31.5 per cent of the total expenditure in the State budget is allocated to social and cultural purposes. The disposal of these sums, the determination of their best use and the principal control over their expenditure has largely been entrusted by the State to the trade unions.
129. 29. The fact that almost one-third of the State budget is handed over to the trade unions has as a consequence, according to the complainant, that the workers must either join the trade union organisation recognised by the Government or " lose the benefits granted by the community or even be excluded from the community itself ". Recalling in this connection that, according to an official report presented to the Second W.F.T.U. Congress (June-July 1949), the Polish trade unions in 1949 had 3,600,000 members, that is to say nearly 100 per cent of the entire labour force, the complainant expressed the view that it is obvious that a compulsory single trade union system has been established in Poland.
130. 30. In its reply, while rejecting the allegations of the complainant as tendentious and false, the Government did not refer specifically to the relations between the United Polish Workers' Party and the Polish trade unions, but formulated the following observations with regard to the relationships between the unions and the State.
131. 31. The Government began by stating that, in accordance with the Constitution, power in the People's Republic of Poland belongs to the workers-a fact which, although not mentioned by the complainant, is of essential significance with respect to the situation of the Polish trade unions at the present time. In the Government's view, the essential task of trade unions in a capitalist State such as Poland was before the war arose out of the principle of the class struggle, but the situation of the trade unions has been completely transformed in Poland as it is today by reason of the fact that the working class is in power : the attitude of " class struggle " directed against the State is inconceivable at a time when political and economic power belongs to the workers and when the exploitation of labour has been abolished, and, thanks to the nationalisation of the means of production, the results of the work of those who produce benefit not this or that individual or group but the workers as a whole.
132. 32. In these circumstances, stated the Government, all trade unions in Poland, consciously and freely and with the support of all their members, have recognised the principle of the conformity of the interests of the working class with the interests of the State. This attitude of the trade unions towards the State has been confirmed at all the trade union congresses and in the Constitution and rules of the trade unions.
133. 33. With regard to the budgetary funds assigned to social, cultural and educational activities, the Government declared that the statement of the complainant to the effect that these funds are utilised by the trade unions rests on a misunderstanding and does not correspond to the truth. In fact, in this connection the trade unions simply have the right to ensure that these funds are utilised in the best possible manner in the interests of the working class ; they have the right to make proposals and to supervise the utilisation of the funds in question.
134. 34. All workers, whether members of trade unions or not, have the same rights with respect to the social insurance benefits and cultural services fixed by the State. For their part, the trade unions have their own cultural centres and grant certain social benefits according to the conditions prescribed in their own rules.
135. 35. The Committee has noted that the Government of Poland stated that all trade unions in Poland have recognised the principle of the conformity of the interests of the working class with the interests of the State but declared that the trade unions have recognised this principle consciously and freely and with the support of their members. In this connection, the Committee reaffirms the principle set forth in the resolution concerning the independence of the trade union movement adopted by the International Labour Conference at its 35th Session on 26 June 1952 that " governments ... should not attempt to transform the trade union movement into an instrument for the pursuance of political aims, nor should they attempt to interfere with the normal functions of a trade union movement because of its freely established relationship with a political party ".
136. 36. The Committee observes that the complainant made no reference to any legislative text in support of the allegation concerning the transformation of the trade unions into governmental organs, but merely emphasised that a large amount of public funds is made available for the purpose of social and cultural activity and represents almost a third of the State budget. In view of the Government's statement that this allegation rested on a misunderstanding, the Committee considers that this allegation is too general in character to permit of its being examined on its merits.
137. Allegations relating to the Removal from Office and Arrest of Certain Trade Union Leaders
138. 37. It was alleged that, in order to ensure to the Federation of Trade Unions the monopoly of organisation which it enjoys, independent trade union leaders have been removed from office not by the members but by the political police. Thus, at the end of May and at the beginning of June 1947, the Polish police, it was alleged, arrested a large number of militants including, in particular, Mr. Antoine Zdanowski, Secretary of the pre-war Trade Union Federation of Poland, and Mr. Antoine Szczerkowski, President of the Textile Workers' Federation. According to the complainant, the trade unionists in question were actually arrested simply because they were not Communists but, according to an official communiqué of the Department of Public Safety issued on 7 June 1947, they were accused of having " fomented diversionary strikes with the assistance of agents sent to workers' organisations, provoking unhealthy disturbances, spreading anti-Soviet propaganda and setting up a war atmosphere ".
139. 38. In its reply, the Government made no observations with respect to these alleged arrests of non-Communist trade union militants.
140. 39. Noting with regret that the Government gave no information with respect to the alleged arbitrary arrests of certain trade union leaders in 1947, the Committee recalls that in earlier cases it has received the co-operation of numerous governments when it has examined allegations relating to such arrests or other measures of constraint. In these circumstances, the Committee emphasises the importance which it has always attached to the principle on which it has insisted in a long succession of cases, that " it should be the policy of every government to take care to ensure observance of the rights of man, and, especially, of the right of all detained persons to receive a fair trial at the earliest possible moment " ; it recommends the Government to reconsider the cases of all trade union militants who may have been arrested or detained during the post-war period and requests the Government to inform the Committee as to any measures which may be taken in this connection.
141. Allegations relating to the Orientation of the Activities of the Polish Trade Unions
142. 40. According to the complainant, the Polish trade unions have ceased to perform the principal functions of real trade unions. The reports on the various sessions of the Trade Union Federation and its affiliated trade unions show that wage demands were not on the agenda of the trade union organs in question, at least during the years 1951-53. In fact, it was alleged, the Polish trade unions have neither the desire nor the freedom to concern themselves with the living standards and wages of the workers.
143. 41. The real object of the existing trade unions, it was claimed, is to aid in the realisation of the tasks laid down by the Government in power and, therefore, they deal mainly with problems concerning increases in productivity. Thus, a resolution of the Central Council of Trade Unions published on 6 August 1950 was stated to declare that " all the activity of the trade unions on questions of production, in connection with improving standards of living and cultural, educational, press and publishing work and all other activity must be closely bound up with the achievements of the Six-Year Plan and dependent on its achievements ". On the same date, the Polish newspaper Tribuna Ludu was stated to have published the following commentary : " The subordination of all trade union activity to the work of the Plan means above all that the unions are faced with the immense and highly responsible task of pursuing the mobilisation of the working classes ... with a view to increasing the productivity of the workers. .". The newspaper adds that " the struggle to increase the productivity of labour requires above all the continuous development of socialist competition ", the first duty of the trade unions, therefore, being " to organise competition ... constantly to make sure that all the workers reach and exceed the production standards laid down by taking part in this competition ".
144. 42. The then President of the Central Council of Trade Unions, Mr. V. Klosiewicz, was stated to have declared on 22 July 1952 before the Tenth Plenum of the Central Council of Trade Unions that " in the new Constitution the trade unions have a considerable part to play ; they are assigned important tasks in connection with the consolidation of the dominant role of the working classes in the Government of the State and the development of its activity in production ... A great task lies ahead of the trade unions in the mobilisation of all the workers in the struggle to achieve the contracts of the third year of the Six-Year Plan."
145. 43. The complainant referred also to article 1 of the Trade Union Act, 1949, according to the terms of which the right to organise freely in a trade union is guaranteed to the workers " for the purpose of creating the most favourable conditions for the further activity of the trade unions in the sphere of ... mobilising the working class for carrying out the production plans, increasing the productivity of labour and developing the competitive spirit, and permanently raising the national economy to a higher level ".
146. 44. In its reply, the Government declared that the complainant had been led to erroneous conclusions through not taking account of the position occupied in Poland today by the working class, which has all political and economic power and can, therefore, count only on itself to improve its material situation.
147. 45. In these circumstances, the Polish trade unions have recognised that one of their essential tasks consists in ensuring the participation of the working class in the preparation and carrying out of economic plans, not because the Government has " imposed " these tasks upon them but because, in circumstances where the fundamental branches of production are socialised, the working class is most directly interested in the development of the economy of the country and in the raising of national income. It is precisely in this way that the working class consciously realises its aspirations to improve its own well-being. A trade union which, in these conditions, did not pay heed to questions affecting production would be acting contrary to the interests of its members.
148. 46. The Government pointed out, however, that the trade unions nevertheless continue-contrary to the contention of the complainant-to represent and defend the interests of the workers in every field and, in particular, in relation to the managements of undertakings who " often do not understand how to reconcile the interests of the workers and those of production ". In the statutes and rules and resolutions of trade union organisations emphasis is placed on the capital importance of the tasks of the trade unions, which consist in combating energetically any attempt on the part of the economic administration to act contrary to the intentions of popular power, to violate labour legislation and to infringe the rights of the workers.
149. 47. The Government stated that the trade unions ensure that the administration shall give effect to stipulations of collective agreements and regulations concerning health and safety, protection of female and juvenile workers, paid holidays, etc. The trade unions also participate in the settlement of all problems relating to the living and working conditions of the workers and take the initiative to secure increases in wages, etc. The Government made a special mention of the fact that the trade unions have the function, in the last resort, of interpreting labour legislation.
150. 48. The Government added that it is quite wrong to state that wages questions are settled unilaterally by the Government. The Central Council of Trade Unions, as the executive organ of the Polish Trade Union Federation, participates in the work of the Government with respect to the distribution of national income. Governmental and ministerial decisions relating to wages are taken after consultation with the respective trade unions. Wage increases have been accorded to certain categories of workers after proposals had been put forward by the trade unions, in particular in 1954 and 1955.
151. 49. With regard to the allegation relating to the activities of the Polish trade unions in the wages field, the complainant does not make reference to any legal text or other official document but simply alleges the fact that wages questions were not discussed at meetings of the central organs of the Polish trade unions in the years 1951 and 1952.
152. 50. With regard to the role which has devolved on the Polish trade unions in the field of productivity, the complainant reproduced several quotations from Polish trade union sources which emphasise the importance now assumed in trade union life by the various methods of productivity, as, for example, competition.
153. 51. Article 1 of the Trade Union Act, 1949, cited by the complainant, when it enunciates the objects sought by the guarantee of the right to organise, contains a reference to certain methods related to the policy of productivity. The provision in question is as follows:
154. ... for the purpose of:
155. Creating the most favourable conditions for the further activity of the trade unions in the sphere of representation and defence of the interests of the manual and non-manual workers, promoting systematic and continuous improvement in the material and cultural situation of the world of labour, mobilising the working class for carrying out the production plans, increasing the productivity of labour and developing the competitive spirit, and permanently raising the national economy to a higher level:
156. (1) manual and non-manual workers are guaranteed the right of voluntary organisation in trade unions and the fullest participation in the administration of popular power;
157. ......................................................................................................................................................
158. 52. The purposes for which the right to organise is granted by the Polish Trade Union Act include " mobilising the working class for carrying out the production plans " but the Polish Government contends that the Central Council of Trade Unions participates in the work of the Government with respect to the distribution of the internal income and that governmental and ministerial decisions relating to wages are taken after consultation with the respective trade unions. In these circumstances, the trade unions have recognised the participation in the carrying out of economic plans as one of their essential tasks not because the Government has imposed the task upon them but because of the interest of the working class in the matter ; the Committee considers that the extent to which such participation in the fulfilment of economic plans is consistent with the fulfilment by the trade unions of their responsibility for protecting the interests of the workers depends on the degree of freedom enjoyed by the trade unions in other respects.
159. Allegation concerning the Prohibition of Associations among Certain Categories of Workers
160. 53. It was alleged by the complainant that, by a decision of the Central Council of Trade Unions, the members of production co-operatives and workers employed by such co-operatives were deprived, as from 1 January 1952, of the right to organise or belong to trade unions. This decision, it was stated, also deprives those concerned of the right to free medical care and other social insurance benefits.
161. 54. In its reply, the Government stated that the right of workers employed by co-operatives to join trade unions has in no way been affected by the decision of the Central Council of Trade Unions referred to by the complainant ; the decision related only to the members of work co-operatives, who cannot be members of trade unions because they are not wage earners, being themselves the owners of their means of production.
162. 55. While the Government declared that the decision complained against related only to members of work co-operatives, the complainant expressly stated that, according to the text published in the daily paper of the Central Council of Trade Unions', the manual and non-manual of co-operatives were also excluded from trade unions.
163. 56. In these circumstances, the Committee notes the formal assurance of the Government of Poland that the right to organise of workers employed by cooperatives has in no way been restricted by the decision of the Central Council of Trade Unions debarring from membership members of work co-operatives who are not wage earners but owners of their means of production.
164. 57. Taking the allegations submitted by the complainant and the reply made by the Government of Poland on 15 February 1956 as a whole, the Committee reaffirms the principle which it enunciated in its First Report to the effect that " the purpose of the whole procedure is to promote respect for trade union rights in law and in fact " and that, in consequence, " in cases in which precise allegations have been made concerning a de facto situation, the Committee cannot be satisfied with replies which simply refer to or recapitulate the applicable legal provisions". As it has already had occasion to observe in the case relating to the Dominican Republic, the Committee " wishes to emphasise the importance that it attaches to the fact that workers and employers should in actual practice be able to form and join organisations of their own choosing in full freedom ". It is from this point of view that the Committee has examined the questions submitted to it in the present case relating to the situation of trade unions under an economic and social system which, as admitted by all the parties concerned, differs considerably from that existing in the majority of the States Members of the International Labour Organisation.
165. EVENTS SINCE THE GOVERNMENTS REPLY
166. 58. Since the Polish Government replied to the complaint of the International Confederation of Free Trade Unions there have been important developments in Poland, including a change of government, which may prove to have a bearing on the question of freedom of association ; in view of the importance of these developments, the Committee considers that it must take judicial notice of the developments having a direct bearing on the questions under consideration in the case before it, as reported in Glos Pracy and Przeglad Zwiazkowy, the official daily and monthly publications of the Central Council of the Polish Trade Unions.
167. 59. At the opening of the National Conference of Trade Union Activists in Warsaw, on 25 October 1956, the Central Council of the Polish Trade Unions announced its collective resignation as a result of the lack of confidence in the said Council manifested on the previous day at a meeting of Warsaw trade union activists and of the opinions expressed by activists in other areas indicating a similar lack of confidence among the working class.
168. 60. At the same time, the view was expressed at the same Conference that extraordinary elections should take place to renew the central councils of the trade unions because the bureaucratic spirit was too firmly rooted therein and some of the leaders had lost all touch with the worker collectivities.
169. 61. The National Conference resolved that, the trade unions not having identified themselves with working-class initiative, this fact revealing the need for a complete reform of the trade union movement, a Congress of Trade Unions should be convened as soon as possible.;
170. 62. The question of the degree of independence of the trade unions in relation to the political organs of the State and in relation to management would appear to be under discussion. Thus, in the course of the Eighth Plenum of the Central Council of the Polish Trade Unions, in August 1956, a resolution was adopted in which included, inter alia, the following paragraphs:
171. The occupational trade unions, and especially works committees, did not enjoy appropriate rights in relations with management and, frequently, did not make full use of their rights.
172. The difficulties encountered by the trade union organisations in carrying out their activities were aggravated by the fact that the trade unions did not always receive from the organs of the Party the necessary support to enable them to accomplish their task.
173. This situation caused the trade union organisations to lose authority in the eyes of the masses and, in certain cases, even provoked a vote of no confidence on the part of the collectivity of the workers in the " activists " and the trade union organisations, as is shown by the striking fact that worker collectivities in certain undertakings, including those of Poznan, by-passed their trade union organisations when various demands of the workers had to be presented to the economic and State administration.
174. Events of this kind could have come to pass only where trade unions have unilaterally subordinated their activities to the struggle to develop socialist production, while neglecting at the same time one of the fundamental objects of their activities-the defence of the day-to-day interests of the working people against the bureaucratic abuses in the working of certain organs of the State and economic machinery.
175. This deviation of trade union activity occurred in part as a result of the manifestation of a bureaucratic spirit in general and the violation of the principles of socialist democracy, manifestations which were severely criticised during the Seventh Plenum of the Central Committee of the Party, and, also, other reasons for these defects were connected with the considerable weakening of the trade union leaders' and organs' sense of responsibility towards the masses and with the fact that they ceased to take account of the needs of the masses and did not observe the principles of collective direction and trade union democracy in the broadest sense of the term.
176. 63. On 22 May 1956 the then President of the Central Council of the Polish Trade Unions declared that the Council supported the view that greater scope and importance should be accorded to collective agreements. In August 1956 he indicated that collective negotiations were already being carried on in certain economic branches. In May 1956 the Central Committee of the Transportworkers' Union had already decided to denounce the existing collective agreements in the industry and to present demands ; in September 1956 the Miners' Union decided to denounce, as from 1 October 1956, the agreement governing that industry since 1949 ; it also decided that a new agreement should be negotiated embodying a number of improvements in the economic conditions of the workers.