Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 344, Mars 2007

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

1. 153. At its June 2005 Session, the Committee made the following recommendations regarding the issues pending (the dismissal of 60 trade unionists for party political reasons following the 1999 elections, and the trial of a trade union official) [see 337th Report, para. 109]:
   • The Committee is still awaiting the ruling in the criminal proceedings against Alberto Ibarra for offences against honour. At the same time, the Committee notes with interest the Government’s indication that it has established a joint commission with the National Federation of Associations and Organizations of Public Servants (FENASEP) to seek, through dialogue and consultation, solutions to problems raised by that organization and that the commission studies the possibility to resolve the pending questions through negotiation. The Committee recalls that on previous occasions, it had requested the Government to examine, with the FENASEP, the possibility of offering new posts to the union officers (whose status as union officers must be duly accredited) dismissed for political reasons in September 1999. The Committee requests the Government to keep it informed in this regard.
2. 154. In its communication dated 29 April 2006, the FENASEP states that the current Government or, where not the Government, the authorities governing the 15 institutions involved, have ignored the Committee’s recommendations regarding the reinstatement of and payment of outstanding wages to the officials of the associations concerned, who were dismissed by the previous administration without grounds, simply for belonging to another political party, thereby breaking the law and infringing their trade union rights as public sector trade union officials. the FENASEP claims that the Ministry of Labour itself should set the example by reinstating three officials, but has not done so. the FENASEP states that a group of trade union officials who were reinstated have still not been paid the wages outstanding since their dismissal.
3. 155. In its communications of 7 August and 12 September 2006, the Government states that the Ministry of Labour and Social Development has continued to meet with the FENASEP in the joint committee set up to examine how to implement the recommendations of the Committee on Freedom of Association. Despite the economic and administrative difficulty for the government institutions to appoint the dismissed officials, the Government has, to the best of its abilities, managed to reinstate some of them, thanks to discussions in the joint committee. The Government cites the reinstatement of Jessica del Carmen Bloise, Mayre Bustamante and Melissa Fergunson. As to other officials, the Government states that only about 23 of the 60 officials dismissed by the former administration were still waiting to be reinstated. Since many of the governmental institutions do not have the vacancies necessary for the dismissed officials to be reinstated in their posts (such as José Alba, Carlos Chial and José Hurtado, whose reinstatement the Panama Maritime Authority (AMP) says is not possible at the moment), these will be taken into consideration when the possibility of a post arises. The Government concludes that it will continue to report on the reinstatement of the remaining workers as and when their situation is resolved.
4. 156. The Committee notes this information and expresses the hope that the 23 trade union officials not yet reinstated in their posts, will be reinstated in the near future and that the wages owed to them will be paid, and requests the Government to continue to take measures to this end. The Committee requests the Government to keep it informed in this respect.