Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 348, Novembre 2007

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

1. 133. At its meeting in March 2007, the Committee made the following recommendations regarding the issues pending (dismissal of trade unionists for party political reasons following the political elections of 1999) [see 344th Report, para. 156]:
   • The Committee 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.
2. 134. In its communication dated 17 April 2007, the National Federation of Associations and Organizations of Public Servants (FENASEP) states that, of the 66 trade union officials who were illegally and unjustly dismissed from 14 state institutions by the previous administration, 16 have yet to be reinstated as the institutions in question have ignored the recommendations regarding reinstatement and the payment of outstanding wages made by the FENASEP–Ministry of Labour and Social Development bipartite committee. One trade union official, Raquel Bedoya (of the Association of the Ministry of Housing), has died. FENASEP adds that the National Institute of Culture has appointed trade union official Eric Justanino and that the National Institute of Professional Development and Training (INADEH) believes that former trade union official, Ms Mariana de Hall, does not have the profile required to work in that institution because reports show serious misconduct: acts of aggression, arguments and disorderliness within the institution, a high percentage of absences, lateness, etc.
3. 135. In its communications dated 10, 11 and 17 May 2007, the Government states that two trade union officials, Messrs Carlos Chial and Gustavo Jaime, have been appointed by INADEH and confirms the information from FENASEP regarding Ms Mariana de Hall. The Government states that the bipartite committee with the complainant organization has continued to meet and has recommended that the institutions where the dismissed trade union officials used to work reinstate them as permanent staff. The Government sends a list of the trade union officials who were dismissed and the public institutions where they used to work from which it can be concluded, as stated by FENASEP, that 16 of the trade union officials have not been reinstated. The Government states that it has not yet been possible to reinstate these trade union officials due to budgetary reasons and that the necessary financial management is in progress. The Government states that it will make every effort to comply with the Committee’s recommendations gradually and to the extent possible. The Government highlights that the current policy of the Government is to respect the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
4. 136. The Committee takes note of the information provided by the Government and FENASEP. The Committee observes that since the previous examination of the case, seven more trade union officials have been reinstated, leaving 16 that have not been reinstated. The Committee requests the Government to continue its efforts to obtain the reinstatement of these trade union officials and the payment of their outstanding wages and to keep it informed in this regard.