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Effect given to the recommendations of the committee and the Governing Body - Report No 338, November 2005

Case No 2242 (Pakistan) - Complaint date: 28-NOV-02 - Closed

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

Effect given to the recommendations of the Committee and the Governing Body
  1. 288. The Committee examined this case at its November 2003 meeting [see 332nd Report, paras. 808-828] and on that occasion it formulated the following recommendations:
    • (a) The Committee considers that Chief Executive Order No. 6 suspending trade unions and existing collective agreements at the Pakistan International Airline Corporation violates Articles 2 and 3 of Convention No. 87 and Article 4 of Convention No. 98. It therefore urges the Government to repeal Chief Executive Order No. 6 of 2001 and to take the necessary measures in order to repeal Administrative Orders Nos. 14, 17, 18 and 25 so as to restore full trade union rights to the workers concerned.
    • (b) The Committee requests the Government to take the necessary measures so as to ensure that trade union office bearers enjoy such facilities as may be necessary for the proper exercise of their functions.
    • (c) The Committee requests the Government to keep it informed of the measures taken to restore full trade union rights to PIAC workers.
  2. 289. In its communication of 18 March 2005, the complainant, the International Transport Workers’ Federation (ITF), submitted that there had been no changes concerning freedom of association rights of workers of the Pakistan International Airlines Corporation (PIAC). It requested the Committee to seriously review the situation in Pakistan concerning this case.
  3. 290. In its communication of 24 June 2005, the Government repeated its previous statement to the effect that that the Pakistan International Airline Pilot’s Association (PALPA), the People’s Unity of PIA Employees and Air League of PIA Employees challenged the executive order and subsequent administrative orders before the High Court of Sindh in Karachi. The High Court, through its judgement of 29 March 2002, dismissed the petitions of the two latter unions. The two unions have lodged appeals before the Supreme Court of Pakistan which are still pending. The suit filed by the PALPA is still pending before the High Court of Sindh in Karachi.
  4. 291. The Committee deeply regrets that no measures have been taken by the Government to give effect to the recommendations of the Committee to ensure trade union rights at the PIAC. It recalls that all governments are obliged to respect fully the commitments undertaken by ratification of ILO Conventions [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 11] and recalls once again that Articles 2 and 3 of Convention No. 87 provide that workers without distinction whatsoever, shall have the right to join organizations of their own choosing and that these organizations shall be able to exercise their activities in full freedom. It therefore reiterates its previous recommendation to repeal Chief Executive Order No. 6 of 2001 and Administrative Orders Nos. 14, 17, 18 and 25 and requests the Government to take all necessary measures without delay to restore full trade union rights to PIAC workers and to keep it informed in this respect.
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