Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 340, Mars 2006

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

1. 139. The Committee examined this case, which concerns violations of trade union rights through the notification of a broad list of essential services and government interference in peaceful workers’ demonstrations culminating in the arrest of a large number of trade union leaders and members, at its March 2005 meeting [see 336th Report, paras. 631-654]. On that occasion, the Committee made the following recommendations:
   • (a) The Committee requests the Government to expeditiously take the necessary measures to amend the Essential Services Act, 1957, in the light of its conclusions above and to confirm whether or not the notification of 17 February 2004 issued under the Essential Services Act, 1957 in respect of the 14 services mentioned in the Act continues to remain in force and, in the event that it continues to remain in force, requests the Government to immediately take the necessary measures to repeal the notification or limit it to essential services in the strict sense of the term, that is services whose interruption would affect the whole or part of the population and to keep it informed of the measures taken in this regard.
   • (b) The Committee requests the Government to take appropriate measures to ensure due respect in practices for the principles laid down by the Committee in respect of the right of workers’ organizations to hold public demonstrations and to keep it informed of the measures taken in this regard.
   • (c) The Committee requests the Government to ensure that, in practice, workers’ organizations enjoy the right to place banners stating their point of view.
   • (d) The Committee reminds the Government that it may avail itself of the technical assistance of the Office, if it so desires.
2. 140. In a communication dated 17 September 2005, the Government reiterates that its main concern is to ensure services to the common people and not to hinder the rights of trade unions. However, as His Majesty’s Government of Nepal is sensitive to trade unions’ rights, it is considering reducing the list of essential services to the most basic services. The Government will give due consideration to amending the Essential Services Act, after completion of the consultation process. While strikes are prohibited for workers or unions working in the services declared to be essential, they can formulate their demands to management. The Government also underlines that, if both parties fail to settle the dispute by mutual consultations, an independent tribunal will be constituted providing for adequate, impartial and speedy reconciliation.
3. 141. Regarding the allegation of government interference in peaceful workers’ demonstrations, the Government indicates that the demonstration staged for reform of the Essential Services Act was never interrupted. It adds that security personnel removed the banners, not because they contained the demands of the trade unions, but for the reason that the demonstrators put them up in restricted areas. In other words, the Government indicates that there is no restriction on the placing of banners as long as it is not done in restricted areas. The Government also takes this opportunity to assure the Committee that utmost care will be taken to ensure that the legitimate rights of the workers are protected by all means.
4. 142. The Committee notes this information. It notes in particular the Government’s indication that it is considering reducing the list of essential services to the most basic services and amending the Essential Services Act. The Committee urges the Government to expeditiously take the necessary measures to appropriately amend the Essential Services Act, including the notification of 17 February 2004 if it is still valid, and to keep it informed of any measures taken in this regard.
5. 143. As regards the Government’s indication that security personnel removed the banners simply because the demonstrators put them up in restricted areas, the Committee once again recalls that the full exercise of trade union rights calls for workers to enjoy freedom of opinion and expression in the course of their trade union activities and that the prohibition on the placing of posters stating the point of view of a trade union organization is an unacceptable restriction on trade union activities; the only exception possible being in expressing their opinions, trade union organizations should respect the limits of propriety and refrain from the use of insulting language [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 152 and 467]. Therefore the Committee urges the Government to ensure that, in practice, trade unions can enjoy the right to place banners stating their point of view.
6. 144. Concerning the Government’s statement to the effect that the demonstration staged for reform of the Essential Services Act was never interrupted, the Committee recalls that, in a communicated dated 7 September 2004, the Government had indicated that arrests had occurred on this occasion in order to maintain law and order in the city and that a short-term emergency measure had prohibited more than five persons from assembling in the “riot zone”. Noting the Government’s assurances that it will take the utmost care to ensure that the legitimate rights of workers are protected, the Committee trusts that the Government will take appropriate measures to ensure due respect for freedom of association principles relating to the right of workers’ organizations to hold public demonstrations. The Committee requests the Government to keep it informed of the measures taken in this regard. It once again reminds the Government that it may avail itself of the technical assistance of the Office, if it so desires.