Rapport intérimaire - Rapport No. 217, Juin 1982

1. 597. The Committee examined these complaints at its February 1982 meeting when it presented an interim report to the Governing Body. The Government has since, in a communication dated 23 April 1982, sent the further information requested by the Committee. The International Transport Workers' Federation sent further details concerning this case in a letter dated 29 April 1982.
2. 598. Pakistan has ratified the Freedom of Association and Protection of the Right to organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 599. The complaints concerned allegations of closure of union premises and censoring of union mail, large-scale arrests and dismissals of unionists and union leaders in the nationalised airlines sector within the framework of martial Law Regulation No. 52 of 1981. This regulation placed a temporary total ban on trade union activity in this sector under pain of heavy penalties. The Government claimed that the airlines were in such a serious financial situation and riddled with indiscipline that these measures - including 1,000 retrenchments - were necessary for economic reasons. It stated that only 20 persons had been taken into custody, not for trade union activities but for breach of law and order.
2. 600. The Committee, as regards the ban on trade union activities in the nationalised airlines sector imposed by martial Law Regulation No. 52 and the consequent removal of legal personality, drew the Government's attention to the fact that such a ban - even if only a temporary measure - constituted an infringement of freedom of association. It requested the Government to inform it of the lifting of the ban, which, according to the Government, was to take place as soon as possible. Secondly, as regards the arrest of 20 trade unionists, the Committee emphasised the importance of e prompt and fair trial by an independent and impartial judiciary in all cases, including those where trade unionists are charged with criminal or political offences considered by the Government to have no relation to their trade union functions. It requested the Government to inform it of the present situation of the arrested persons. Lastly, as regards the retrenchments of about 1,000 workers, the Committee recalled that workers should enjoy adequate protection against all acts of antiunion discrimination in respect of their employment such as dismissal and other prejudicial measures, and, while recognising that a person holding trade union office is not necessarily immune to dismissal irrespective of the circumstances, requested the Government to inform it of the present situation of the retrenched workers, giving details in particular as to whether any appeals have been lodged or reinstatements occurred.

B. Further developments

1. 601. In its communication of 23 April 1982, the Government gives the assurance that it is committed to restoring trade union activities in the airlines sector as soon as possible.
2. 602. It states that at present no Pakistan International Airlines employee or office bearer of the Union of Pakistan International Airlines Employees is under preventive detention.
3. 603. Lastly, the Government repeats that no airlines employees have been dismissed or removed from service on account of lawful trade union activities, but that a number of employees have been dismissed from service on account of their involvement in serious misconduct after they had had the opportunity to show cause against the proposed penalty. According to the Government, the retrenchment of about 1,000 employees was based primarily on economic reasons due to the critical financial situation obtaining in the airlines.
4. 604. The International Transport Workers' Federation, in its letter of 29 April 1982, states that the Government has amended Martial Law Regulation No. 52 so as to extend its validity until December 1982.

C. The Committee's conclusions

1. 605. The Committee, noting that the Government is committed to restoring trade union activities in the airlines sector as soon as possible, must repeat that the ban on trade union activity imposed by Martial Law Regulation No. 52 - even if only of a temporary nature - constitutes an infringement of freedom of association. It also notes with regret that, according to the information supplied by the International Transport Workers' Federation, the Regulation has been extended until December 1982 and requests the Government to inform it of the steps that are being considered to revoke it.
2. 606. The Committee notes the Government's statement that at the present time no airlines employee or official of the airlines trade union - which is a complainant in this case - is under preventive detention. In the absence of specific information to the contrary the Committee considers that this aspect of the case does not call for further examination.
3. 607. As regards the dismissals and retrenchments of about 1,000 workers, the Committee notes the Government's statement that this action was based primarily on economic reasons and that no employee has been dismissed on account of lawful trade union activity. In cases such as these, where the Government's and complainants' versions of the facts are directly contradictory, the Committee normally considers any supporting evidence which might help to clarify the true situation. It notes that in the present case neither party has sought to substantiate its version of the facts although ore of the complainants pointed out that it was difficult to assemble a well-authenticated report of the situation because of fear of reprisals. In the absence of more detailed information on the basis of which it might reach conclusions, the Committee would again recall the importance that it attaches to the principle that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal and other prejudicial measures.