Effect given to the recommendations of the committee and the Governing Body - Report No 321, June 2000

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

1. 55. At its meeting in November 1999, the Committee noted "with satisfaction the information provided by the International Confederation of Free Trade Unions (ICFTU) in its communication of 5 October 1999, according to which the affiliation of FENASEP to the Joint Trade Union Central has been registered by a decision of the Minister of Labour and Social Development".
2. 56. In its communication of 4 February 2000, the Government, referring to the registration of FENASEP, states that the previous Minster of Labour on his final day in office acted in a way that flew in the face of legal judgement by formally recognizing the affiliation of FENASEP to the Joint Trade Union Central; this created a legal quandary for the incoming Government, since the official decision in question was signed by persons not competent to do so and violated constitutional and legal provisions in force, making it necessary to issue a new decision overruling the original one. The Government adds that registration of FENASEP as being affiliated to the Joint Trade Union Central would be against FENASEP by-laws. Following a long legal clarification, the Government adds that FENASEP could hardly comply with the National Constitution (the Carta Magna), the Labour Code and the Act respecting the administrative service, by affiliating to the Joint Trade Union Central, an act which would constitute a total vi
   • olation of all three. At the same time, under the terms of article 18 of the Constitution of Panama, public servants may do only that which the law specifically empowers them to do and are liable for any acts exceeding their powers or for any omissions in carrying out their duties. Ministry of Labour officials could therefore not recognize and register the affiliation of a public service union to a private sector trade union organization without breaking the law, which is absolutely clear that this is the sole responsibility of the Directorate of the Administrative Service (Dirección de Carrera Administrativa) and specifically in the case of public service federations and confederations.
3. 57. The Committee deeply deplores the administrative decision overruling the original decision to register FENASEP as being affiliated to the Joint Trade Union Central, and recalls the Government's international obligations arising from ratification of Convention No. 87, in particular Article 5, according to which "Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers." The Committee requests the Government to recognize and re-register the affiliation of FENASEP to the Joint Trade Union Central organization without delay and to keep it informed on this matter.