Effect given to the recommendations of the committee and the Governing Body - Report No 348, November 2007

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

1. 137. The Committee last examined this case at its November 2006 meeting [see 343rd Report, paras 165–168], and on that occasion requested the Government: (1) to continue taking the necessary measures to reinstate all of the 25 trade union officials who had been dismissed in August 1999 from the Ministry of Youth, Women, Children and Family (allegedly without cause, merely for belonging to a political party other than the one in power, in violation of the trade union immunity provided by law); and (2) to send its observations concerning the dismissal of trade union official Mr Pedro Alaín, stating in particular whether the investigation requested by the Committee at its November 2006 meeting had been initiated [see 343rd Report, para. 168].
2. 138. In its communication of 17 April 2007, the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP) states that, of the 25 dismissed union officials, ten remain to be reinstated and none have been paid the wages owed to them.
3. 139. In its communications dated 10 and 11 May 2007, the Government states that trade union official Mr Pedro Alaín has been reinstated as part of the current government policy to observe the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and that it issued a decision to that effect on 12 January 2006. With regard to the 25 dismissed officials of the Ministry of Social Development (formerly known as the Ministry of Youth, Women, Children and Family), the Government states that some have been reinstated by the current Administration and that only ten have yet to be reinstated. The Government indicates that it has not yet been able to reinstate these ten officials for budgetary reasons and that the necessary financial measures are being taken. The Government states that it will do its utmost to comply, gradually and as far as possible, with the Committee’s recommendations.
4. 140. In its communication dated 29 October 2007, the Government informs that the ten remaining trade union leaders have been reinstated in the Ministry for Social Development or in other public institutions.
5. 141. The Committee notes this information with satisfaction. The Committee requests the Government to ensure payment of outstanding wages in accordance with the law.