Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes with satisfaction that section 6 of the Constitution of the Ukrainian Republic, which had set out the leading role of the Communist Party over mass organisations, including trade unions, has been repealed and that section 7, as amended, enshrines the principle of political pluralism.

The Committee also notes with interest that, in October 1990, the first Congress of the new Federation of Independent Ukrainian Trade Unions was held, during which a Charter was adopted which lays down the principle of the independence of trade unions with regard to state and political authorities and recognises the right of the trade unions of the Ukrainian SSR freely to join or leave the Federation. It also notes that a Bill concerning the trade unions of the Ukrainian SSR is currently being examined by the specialised committees of the Supreme Soviet of the Ukrainian SSR.

The Committee requests the Government to supply copies of these texts.

Finally, with reference to section 5 of the Order of the Supreme Soviet of the USSR on the coming into force of the USSR Act concerning trade unions of 10 December 1990, which, as the Committee of Experts has indicated in its comments to the Government of the USSR on this Convention, opens the way to trade union pluralism, the Committee notes that the supreme bodies of the Republics of the Union are recommended to align the legislation of their Republic with the provisions of the Act.

The Committee requests the Government of the Ukrainian SSR to supply information on the measures that have been taken under this provision in order to eliminate any ambiguity which may persist in the legislation of the Republic as regards the possibility of genuine trade union pluralism and to supply the relevant texts.

The Committee refers to the direct request it is addressing to the Government of the USSR on the Law of the Union of Soviet Socialist Republics on the settlement of collective labour conflicts, dated 9 October 1989.