Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 306, Marzo 1997

1. 477. In a communication dated 23 September 1996, the International Confederation of Free Trade Unions (ICFTU) submitted a complaint against the Government of Pakistan for infringement of trade union rights. The Government sent its observations in communications dated 4 and 13 November 1996.
2. 478. Pakistan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 479. In its communication dated 23 September 1996, the International Confederation of Free Trade Unions (ICFTU) alleges that on 6 June 1996, a group of policemen attacked workers belonging to the Pak China Fertilizer Limited Employees' Union, who were peacefully demonstrating against their employer's unilateral repudiation of agreements reached between the parties regarding reduction of the workforce. The factory was purchased by the Karachi-based Schon Group in 1992 following privatization. The complainant organization adds that, according to reports it has received, many of the workers were badly beaten up by the police who occupied the factory together with approximately 80 of the employer's hired "thugs"; they also occupied the adjacent workers' housing colony where they threatened not only the workers but also their families.
2. 480. The complainant organization also alleges that some 45 unionists were arrested and taken to unknown locations (it is believed they were held in police cells in surrounding towns). The union's general secretary, Haji Hakar Khan, and the president, Lala Manzur, were handcuffed and taken in chains to be jailed in Dera Ismail Khan, a city some 500 km south of Haripur. It is believed that these arrests were carried out under section 3 of the Maintenance of Public Order Act, which allows persons to be held for up to three months without trial. Incarceration can be indefinitely extended for further periods of three months.
3. 481. The Government reportedly stated that the demonstrations were political and claimed, wrongly, that the Supreme Court had ordered the trade unionists' arrest. A delegation of workers met with the Federal Minister of State for Labour, Manpower and Overseas Pakistanis on 9 June 1996 and requested its intervention so that the workers might be released on bail. The Government's Chief Minister was urged to release immediately all trade union officials.
4. 482. The complainant organization also alleges that it was informed that the authorities suspended the registration of the Pak China Fertilizer Limited Employees' Union after application by the employer. This union had been registered for some ten years and its registration was suspended very quickly without giving the union an opportunity to defend itself. The grounds given for the suspension were that the enterprise in question supplied urea to the defence industry and that, under Pakistan's restrictive industrial relations law, the defence industry is one of the numerous sectors in which trade unions are banned.

B. The Government's reply

1. 483. In its communications dated 4 and 13 November 1996, the Government submits information provided by the Government of the North West Frontier Province (NWFP). It points out that Pak China Fertilizer Limited (Haripur) was in the throes of an acute financial crisis, due amongst other things to overstaffing. To overcome this problem, the management of the factory, in consultation with trade union officials, decided to retrench the surplus staff in the factory. In this respect, an agreement was signed between the parties on 11 December 1995. However, the trade union, instead of abiding by the agreement, which provided for the implementation of the retrenchment plan, reacted illegally and took over the control of the factory.
2. 484. The case was already before the National Industrial Relations Commission which, after hearing both parties and ruling that the retrenchment of the workers was illegal, instructed the Deputy Commissioner Superintendent of Police of the NWFP Government to ensure the smooth running of the factory and to call a meeting of the parties to avoid any recurrence of past events. However, successive meetings with the union officials did not succeed in putting an end to the illegal occupation of the plant. As a result of this illegal occupation by the trade union, the District Administration had to act to implement the judgement of the National Industrial Relations Commission. Once the management and trade union had reached an agreement, 316 workers out of a total of 417 resumed their duties. At present, all trade union officials and workers have been released and industrial relations are normal.
3. 485. As regards the allegation concerning the suspension of the trade union's registration, the Government states that the management of the factory filed a petition to the National Industrial Relations Commission on the grounds that the factory was supplying ammonia gas to the defence forces and that the factory's services were connected with the defence forces; consequently, according to the provisions contained in the Industrial Relations Ordinance, 1969, the workers of the factory could not belong to a trade union. On the application of the management, the Commission suspended the operations of the union in the factory and instructed the Registrar Trade Union to cancel its registration.
4. 486. The Government stresses its commitment to fulfil its obligations with respect to ILO Conventions and gives assurance that it will continue to protect and safeguard all the legitimate rights of workers in Pakistan.

C. The Committee's conclusions

1. 487. The Committee notes that in this complaint the complainant organization has alleged: (1) that the police and "thugs" hired by the Pak China Fertilizer Limited badly beat up workers in the factory who were peacefully demonstrating, threatened workers and their families in the workers' housing colony and arrested 45 trade unionists, including the president and general secretary of the factory union; and (2) the suspension of the registration of the factory union on the grounds that the enterprise was involved with the defence industry.
2. 488. The Committee notes that the Government reports that the parties reached an agreement on the main grounds of the collective dispute (the plan to retrench staff) and that all the workers and trade unionists have been released. The Committee understands that charges have not been brought against these workers and unionists and requests the Government to confirm this. The Committee notes, however, that the complainant and the Government differ in their versions of the conditions under which the police intervened: according to the complainant, there was a peaceful demonstration, whereas, according to the Government, although it does not at any time refute the pacific nature of the trade union action, the plant was illegally occupied. In particular, the Government points out that although the National Industrial Relations Commission had ruled that the enterprise's retrenchment of staff was illegal, it had also requested the public authorities to guarantee the normal running of the factory - which was being illegally occupied - and to call a meeting of the parties who might, subsequently, reach an agreement to end the dispute.
3. 489. Taking into account that the retrenchment of staff in the enterprise was declared illegal, as well as the fact that many restrictions on the exercise of the right to organize and strike in the legislation in Pakistan may explain why trade union organizations opt in certain cases to exercise the right to demonstrate or occupy the workplace to defend their claims, the Committee deeply regrets that many trade unionists were beaten up and arrested (including the president and general secretary of the Pak China Fertilizer Limited Employees' Union) for carrying out trade union activities, and that even their families were threatened. The Committee draws the Government's attention to the fact that the detention of trade unionists and trade union leaders for reasons connected with their activities to defend the interests of workers is contrary to the principles of freedom of association (see Digest of decisions and principles of the Freedom of Association Committee, 4th (revised) edition, 1996, para. 73), and that a climate of violence aimed at trade union leaders and their families does not encourage the free exercise of the trade union rights set out in Conventions Nos. 87 and 98, and all States have the duty to guarantee their respect (see op. cit., para. 61).
4. 490. Concerning the suspension of the registration of the Pak China Fertilizer Limited Employees' Union, the Committee notes that according to the Government, the management of the factory filed a petition to the National Industrial Relations Commission, on the grounds that the factory was supplying ammonia gas to the defence forces and that the services provided by the factory were connected with the defence forces; consequently, according to the provisions contained in the Industrial Relations Ordinance, 1969, the workers of the factory could not form a trade union. The Commission thus suspended the operations of the union in the factory and instructed the Registrar Trade Union to cancel its registration.
5. 491. Noting that the trade union's activities were suspended and its registration cancelled on the grounds that the factory provided services connected with the defence forces (by providing ammonia gas to the defence forces) and that, under the Industrial Relations Ordinance, 1969, the workers in question could not therefore organize (although they had been exercising their trade union rights through their trade union for years), the Committee reiterates the conclusions it already made in a previous case which dealt with the scope of the right to organize in Pakistan (see 295th Report, Case No. 1771, para. 499):
   • ... the Committee would first recall that Article 2 of Convention No. 87 provides that workers and employers, without distinction whatsoever, shall have the right to establish and to join organizations of their own choosing. While Article 9 of the Convention does authorize exceptions to the scope of its provisions for police and armed forces, the Committee would recall that the members of the armed forces who can be excluded should be defined in a restrictive manner. Furthermore, the Committee of Experts on the Application of Conventions and Recommendations has observed that since this Article of the Convention provides only for exceptions to the general principle, workers should be considered as civilians in case of doubt (see General Survey on freedom of association and collective bargaining, 1994, ILC, 81st Session, para. 55) ..., the Committee would draw the Government's attention to the need to ensure, in its legislation ... the right for all workers who are not members of the armed forces to organize and to carry out trade union activities.
6. 492. The Committee concludes that the measures to suspend the activities of the Pak China Fertilizer Limited Employees' Union and to cancel its registration constitute a clear violation of freedom of association; moreover, as this occurred shortly after the factory and trade union had put an end to a collective dispute by means of an agreement, this gives serious grounds to believe that reprisals were being taken against the trade union.
7. 493. In these circumstances, the Committee urges the Government to take immediately the necessary measures to revoke its decision to suspend the activities of the Pak China Fertilizer Limited Employees' Union, to register it once again and to guarantee that its trade union activities can be carried out normally.
8. 494. Finally, the Committee requests the Government to keep it informed on the measures taken to follow up its recommendations.