Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 353, Marzo 2009

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

1. 182. The Committee last examined this case, concerning allegations of the systematic refusal to register the Liaquat National Hospital Workers’ Union (LNHWU), dismissals and harassment of trade union members, at its November 2008 meeting [see 350th Report, paras 146–150]. On that occasion the Committee expressed its expectation that the necessary measures had been taken to investigate all allegations of torture and harassment against trade union members ordered by the management of the Liaquat National Hospital, as well as the abduction, beating and threats carried out against the LNHWU General Secretary, Mr Shahid Iqbal Ahmed, by the police, and of dismissals and suspension at the hospital. It requested the Government to report on the outcome and, if the allegations of illtreatment were confirmed, to prosecute and punish the guilty parties and take all necessary measures in order to prevent the repetition of similar acts. If it was found that the workers were dismissed for the exercise of their trade union activities, the Committee requested the Government to ensure that they were reinstated in their posts with back pay and, if reinstatement was not possible, that they were paid adequate compensation so as to constitute sufficiently dissuasive sanctions. Finally, the Committee requested the Government to keep informed the Committee of Experts on the Application of Conventions and Recommendations, to which it had referred the legislative aspects of the case, in respect of the measures taken or envisaged to amend the Industrial Relations Ordinance (IRO) of 2002 so as to ensure that all workers without distinction whatsoever, including those working in charitable institutions, may freely establish organizations of their own choosing.
2. 183. In a communication of 1 November 2008, the Government states that it had already replied to the dismissals of trade unionists in its previous communication. As concerns the allegations of torture and harassment against trade union members ordered by the management of the Liaquat National Hospital, the Government indicates that according to the report of the Inquiry Officer, the judicial Magistrate had acquitted the concerned office-bearers of the union. The management of Liaquat National Hospital filed an appeal before the High Court, Sindh, against these acquittals, and the acquitted workers also filed suits for damages before the High Court. Both cases were currently sub judice. The Government further states that the Bill to repeal the IRO-2002 has been passed by the Senate (Upper House) of Pakistan and is now under the consideration of the National Assembly (Lower House). The law would be promulgated following its adoption by the latter body.
3. 184. The Committee notes with deep regret that the Government provides no indications that it has taken measures to implement its previous recommendations. Recalling that the present case involves allegations of the torture, harassment and dismissal of trade unionists, the Committee notes that in respect of these serious allegations the Government, without further elaboration, refers simply to a case concerning the acquittal of union officials that was presently before the High Court on appeal. The Committee recalls that in its examination of the case in March 2007, it had noted the Government’s indication that pursuant to the Committee’s recommendations, the government of Sindh had been asked to conduct an inquiry into the matter of the Liaquat National Hospital and to send a comprehensive report to the Ministry of Labour and Manpower. The Committee deeply regrets that two years later, no information has yet to be provided as to the outcome of the investigation. In these circumstances the Committee reiterates its expectation that the necessary measures have been taken to investigate all allegations of: (1) torture and harassment against trade union members ordered by the management of the Liaquat National Hospital; (2) the abduction, beating and threats carried out against the LNHWU General Secretary, Mr Shahid Iqbal Ahmed, by the police; and (3) the dismissals and suspensions at the hospital. The Committee urges the Government to report on the investigation’s outcome and, if the allegations of ill-treatment are confirmed, to prosecute and punish the guilty parties and take all necessary measures in order to prevent the repetition of similar acts. In respect of the dismissals and suspensions, moreover, if it is found that the workers were dismissed for the exercise of their trade union activities, the Committee requests the Government to ensure that they are reinstated in their posts with back pay and, if reinstatement is not possible, that they are paid adequate compensation so as to constitute sufficiently dissuasive sanctions. The Committee requests the Government to be kept informed of developments in this regard.
4. 185. The Committee notes the information concerning the Bill to amend the IRO of 2002. It requests the Government to continue to inform the Committee of Experts on the Application of Conventions and Recommendations, to which it refers the legislative aspects of the case, in respect of the measures taken or envisaged to amend the IRO of 2002 so as to ensure that all workers without distinction whatsoever, including those working in charitable institutions, may freely establish organizations of their own choosing.