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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
- 67. The Committee last examined this case at its June 2009 meeting. On that occasion, the Committee made the following recommendations on the matters still pending [see 354th Report, paras 178–179]:
- (a) The Committee expects that the labour legislation as finally amended will retain the amendments in the IRA 2008 insofar as they reflect the changes previously requested by the Committee in relation to the IRO 2002, and that the Government will otherwise take measures to fully comply with the Committee’s other previous requests, so as to ensure that its labour legislation is brought into full conformity with freedom of association principles. The Committee further expects that such measures will be taken in full and frank consultation with the social partners on any questions or proposed legislation affecting trade union rights and to the satisfaction of all parties concerned. The Committee requests the Government to inform the Committee of Experts on the Application of Conventions and Recommendations, to which it refers the legislative aspects of this case, of the developments in this regard.
- (b) Regarding the alleged acts of anti-union discrimination against trade union officers of the EOBI Employees’ Federation of Pakistan, which date back to August 2003, the Committee deeply regrets that once again the Government has failed to provide its observations thereon as well as on the measures taken to conduct an independent investigation in this respect. The Committee once again recalls that the Government is responsible for preventing all acts of anti-union discrimination and it must ensure that complaints of anti-union discrimination are examined in the framework of national procedures which should be prompt, impartial and considered as such by the parties concerned [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 817]. The Committee therefore urges the Government to institute an independent inquiry to investigate the allegations of anti-union discrimination at the EOBI, and if the allegations are proven to be true to take the necessary measures to fully redress the acts of anti-union discrimination. The Committee requests the Government to keep it informed of the outcome of this investigation.
- 68. The Committee notes the information concerning legislative amendments provided by the Government in its communication dated 4 March 2010, and notes that the Government reiterates the observations it had already transmitted to the Committee in 2009. The Committee recalls that the Committee on Freedom of Association had referred the legislative issues to the Committee of Experts on the Application of Conventions and Recommendations, which has dealt with them at its November–December 2009 Session.
- 69. On the other hand, the Committee once again expresses its deep regret at the failure of the Government to provide its observations regarding the alleged acts of anti-union discrimination against trade union officers of the EOBI Employees’ Federation of Pakistan and to conduct an independent investigation in this respect. The Committee strongly urges the Government to institute an independent inquiry to investigate these allegations, and if the allegations are proven to be true to take the necessary measures to fully redress the acts of anti-union discrimination. The Committee requests to be kept informed of the outcome of this investigation.
