Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 350, Juin 2008

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

1. 143. The Committee last examined this case, concerning refusal to register the Army Welfare Sugar Mills Workers’ Union (AWSMWU), at its March 2007 meeting [see 344th Report, paras 145–147]. On that occasion, the Committee noted that the question of registration was pending before the Supreme Court following an appeal filed by the union and requested the Government to indicate the progress made in this regard, to provide a copy of the Supreme Court judgement as soon as it is handed down and to indicate whether the union has since been registered.
2. 144. In a communication dated 6 November 2007, the Government indicates that the case is still pending before the Supreme Court where it was last heard on 4 September 2007 and adjourned. The Government states that as soon as the case is decided, the ILO will be informed accordingly.
3. 145. While noting this information, the Committee regrets that the question of registration of the AWSMWU has not been solved since it was first raised in 2003. The Committee further regrets that the Government has not provided any information as to the reasons for adjournment of the AWSMWU’s case pending before the Supreme Court. The Committee recalls that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 105] and expects that the Supreme Court will make a final ruling on this matter in the near future bearing in mind that civilians working in the services of the army should have the right to form trade unions. The Committee requests the Government to provide a copy of the Supreme Court judgement as soon as it is handed down. Recalling that the Government had previously indicated that the AWSMWU could operate and perform its activities, the Committee requests the Government to confirm whether that is still the case and expects that the union will be registered without further delay.