Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Japan (Ratification: 1965)

The Committee notes the information in the Government’s report, as well as the observations made by the Japanese Trade Union Confederation (JTUC-RENGO), the Japan National Hospital Workers’ Union (JNHWU/ZEN-IRO), the ZENTOITSU (All United) Workers’ Union (and other endorsing unions), the National Railway Motive Power Union of Chiba (DORO-CHIBA), the Japan Federation of Prefectoral and Municipal Workers’ Unions (JICHIROREN), and the National Network of Firefighters (FFN).

The Committee recalls that its previous comments dealt with the denial of the right to organize of fire-fighting personnel, the prohibition of the right to strike of public servants, and compensatory guarantees for hospital workers. The Committee notes that all these issues were debated at some length in the Conference Committee on the Application of Standards at the 89th Session of the International Labour Conference (2001), which expressed the hope that the Government would hold a bona fide dialogue with firefighters’ unions and that it would take measures, as soon as possible, to guarantee their right of freedom of association. The Conference Committee also trusted that this Committee would be in a position to consider whether real progress had been made in the application of the Convention.

The Committee also notes the conclusions and recommendations of the Committee on Freedom of Association in Cases Nos. 2177 and 2183 (329th Report, November 2002 session) where all these issues, and some additional ones (e.g. the right to organize of prison staff, the trade unions’ registration system, right to strike of public servants, lack of sufficient compensatory procedures for workers deprived of fundamental rights) have been raised, without being able to note any progress. The Committee further notes with concern from those conclusions that a major reform of the public service legislation is currently under way, to be presented to the Diet in 2003 and to be introduced in fiscal year 2005; a reform which does not, at present, address adequately the issues previously raised by this Committee and may even further aggravate the situation.

1. Denial of the right to organize of fire-fighting personnel. The Committee recalls that as early as 1973, it had stated that it "does not consider that the functions of fire defence personnel are of such a nature as to warrant the exclusion of this category of workers under Article 9 of the Convention" and hoped that the Government would take "appropriate steps to ensure that the right to organise is recognised for this category of workers" (ILC, 58th Session, Report III(4A), page 122). While it had been hoped that the system of fire defence personnel committees introduced in 1995 might constitute an important step towards the application of the Convention, the comments submitted over the years by Japanese workers’ organizations on the application of this Convention and the discussions in the Conference Committee, and the most recent complaint filed to the Committee on Freedom of Association, clearly demonstrate that this is not the case and that the system of fire defence personnel committees is not a valid alternative to the right to organize. While noting the information provided in the Government’s report concerning the functioning of these committees, the Committee urges the Government to take legislative measures in the very near future to ensure that fire defence personnel are guaranteed the right to organize and to keep it informed of developments in this respect in its next report.

2. Prohibition of the right to strike of public servants. The Committee recalls that in its previous comments it had referred to the detailed comments of the Fact-Finding and Conciliation Commission on Freedom of Association and stressed the importance "… in circumstances where strikes are prohibited or restricted in the civil service or in essential services within the strict meaning of the term, of according sufficient guarantees to the workers concerned in order to safeguard their interests" (ILC, 63rd Session, 1977, Report III(4A), page 153). The Government limits itself to stating in this respect that the Supreme Court of Japan has held that the prohibition of strikes by public servants is constitutional, something it had already mentioned at the time (ILC, 64th Session, 1978, Report III(4A), page 143). The Committee also notes with concern the decisions of the Committee on Freedom of Association in the abovementioned cases concerning public servants and in Case No. 2114 concerning public school teachers (328th Report, paragraphs 371-416). The Committee is bound to note that the situation has not evolved significantly. It recalls, once again, that the prohibition of the right to strike in the public service should be limited to public servants exercising authority in the name of the State (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 158). It requests the Government to indicate in its next report the measures taken or envisaged to ensure that the right to strike is guaranteed to public servants who are not exercising authority in the name of the State and to workers who are not working in essential services within the strict sense of the term, and that the others (e.g. hospital workers) benefit from sufficient compensatory guarantees in order to safeguard their interests, namely adequate, impartial and speedy conciliation and arbitration procedures, in which the parties have confidence and can participate at all stages, and in which the awards, once made, are binding and fully and promptly implemented.

3. Reform of the civil service. The Committee notes that the issues mentioned above, and many others, are to be addressed as part of the major civil service reform currently under way. This reform has been the subject of recent complaints before the Committee on Freedom of Association (Cases Nos. 2177 and 2183). The Committee notes with concern from the conclusions in these cases, and from the Government’s report, that it "has decided to retain the current restrictions on the workers’ fundamental rights". The Committee emphasizes that, as the Government embarks upon a reform process which will establish the legislative framework of industrial relations for many years to come, the time would be particularly appropriate to hold full, frank and meaningful consultations with all interested parties, on all the issues which create difficulties with the application of the Convention and whose practical problems have been raised by workers’ organizations over the years. The Committee requests the Government to keep it informed of developments in this respect in its next report.