Visualizar en: Francés - Español
Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 125. The Committee last examined this case, which concerns the issue of
the assignment of trade union property, and the alleged interference in the
establishment of trade union organizations and harassment of trade union leaders at its
March 2013 meeting [see 367th Report, paras 1240–1257]. On that occasion, the Committee
made the following recommendations:
- (a) Noting with interest
the information provided by the Government in relation to the meeting held between
the directors of the State Property Fund of Ukraine and the FPU, with the
participation of representatives of the implementing ministries, in order to settle
the question of the assignment of property, as well as the Agreement reached, the
Committee requests the Government to keep it informed of further developments in
this regard.
- (b) As concerns the remaining alleged
instances of the interference in the FPU and its affiliates’ trade union affairs,
the Committee requests the Government to ensure that these allegations are
investigated through independent inquiries and to keep it informed of the results of
such inquiries. Moreover, it once again requests the Government to provide its
observations on the two 2011 decisions of the Shevchenkivski District Court of
Kiev.
- (c) The Committee once again requests the Government
to institute an independent inquiry into the allegation of the establishment of the
Trade Union of the Sea Transport Employees (United) by, or upon, the initiative of
employers and to provide information on its outcome.
- 126. In its communications dated 8 April, 22 July, 29 August and 2
October 2013, the Government indicates that the State Property Fund of Ukraine is
continuing to hold working meetings with representatives of the Federation of Trade
Unions of Ukraine (FPU) and the competent authorities to resolve the issue of the
compilation of an inventory and the list of properties which, as of 24 August 1991 were
being managed, held and/or used by Ukrainian trade unions and to make proposals on their
future use. The Government informs that the draft directive of the Cabinet of Ministers
of Ukraine on “Certain matters relating to the management of property of all-union civil
society associations (organizations) of the former USSR being returned to state
ownership by a court decision” that was agreed upon with the FPU has not yet been
adopted by the Government. According to the Government, it continues working with the
unions on the issue of the assignment of property.
- 127. With regard to the recommendation (b), the Government refers to the
legislation in force which provides for the protection against interference in trade
union activities by the authorities. It further provides a copy of rulings of the
Appellate Court of Kiev dated 21 September and 17 August 2011, respectively, overturning
the two decisions of the Shevchenkivski District Court of Kiev.
- 128. The Government further indicates that the matter of the
establishment of the Trade Union of the Sea Transport Employees (United) was examined by
the relevant authorities. On the basis of the information received it was possible to
conclude that the union was not founded by, or upon, the initiative of employers. The
Government explains that the union has in fact complained of interference in its
activities by the heads of the state enterprises. To address this matter, by a
communication dated 25 August 2012, addressed to the heads of the state enterprises
against which the Trade Union of the Sea Transport Employees (United) has complained,
the Ministry of Social Policy provided clarifications on the legislation and the ILO
Conventions which Ukraine has ratified with regard to trade union activities and
accountability for violations of trade union legislation. The Ministry recommended to
the managers to cooperate with the primary trade union organizations established and
operating at these enterprises.
- 129. The Committee takes note of the information provided by the
Government. It welcomes the Government’s indication that it has engaged with trade
unions on the question of the assignment of property and expects that it will continue
doing so until this matter is resolved.
- 130. The Committee further takes note of the rulings of the Appellate
Court of Kiev overturning the two 2011 decisions of the Shevchenkivski District Court of
Kiev (in the first decision, the court of first instance had declared illegal the
decision by the Statutory Commission of the FPU not to include one more candidate in the
list of the candidates for the FPU Chairperson election and obliged the organization to
take a decision on the inclusion of this candidate in the list of candidates; in the
second decision, the court had invalidated the decision of the Tenth Kiev City Trade
Union Conference of 17 December 2010 and reinstated, in the position of the Chairperson,
the candidate who did not have the majority of votes), which, based on the information
provided by the complainant, appeared to interfere with the right of trade unions to
elect their representative in full freedom. The Committee regrets, however, that no
observations have been provided by the Government on a number of alleged instances of
interference by the authorities in the activities of the FPU and its affiliates. These
allegations include: inquiry into trade union fees paid to the structural organizations
of the Trade Union of Workers of Education and Science of Ukraine; inquiry into the
receipt and the use of trade union dues paid by students to the trade union committee of
the Nadvirnya technical college No. 11 in Ivano-Frankivsk; instruction given by the
General Prosecutor’s Office on 23 May 2011 to the FPU not to examine certain issues at
the sitting of its presidium on 24 May 2011; and request by the Prosecutor’s Office of
the Bagliysky region of Dneprodzerzhynsk city in Dnepropetrovsk region addressed to the
Chairperson of the trade union committee of the “Dnepr AZOT” to produce notarized copies
of the trade union committee statutes, staff list and decisions adopted at trade union
meetings between 2010 and 2011. The Committee once again requests the Government to
ensure that the above allegations are investigated through independent inquiries and to
keep it informed of the results of such inquiries.