Interim Report - Report No 78, 1965

Case No 251 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 28-JAN-61 - Closed

111. The Committee has already examined the substance of this case at its sessions in November 1961, May 1962, October 1962 and May 1963. On this last occasion the Committee submitted an interim report containing certain conclusions together with a request to the Government for further information. The Committee's report, which was approved by the Governing Body at its 155th Session on 1 June 1963, recommended the Governing Body, inter alia:

1. ......................................................................................................................................................
2. (c) to note the Government of the United Kingdom's statement that the new Government elected in Southern Rhodesia in December 1962 is considering the matters referred to in paragraph 446 (b) and (c) of the 66th Report of the Committee and to request the Government of the United Kingdom to be good enough to keep the Governing Body informed as to further developments in this connection.
3. Paragraphs 446 (b) and (c) of the Committee's 66th Report were worded as follows:
4. 446. ....the Committee recommends the Governing Body:
5. ......................................................................................................................................................
6. (b) to decide, with regard to the allegations relating to registration of trade unions under the Industrial Conciliation Act, 1959:
7. (i) to take note of the statement of the Government of the United Kingdom to the effect that the Government of Southern Rhodesia has agreed that sections 37 and 48 of the Industrial Conciliation Act, 1959, be amended to make all appeals against the refusal or cancellation of registration of organisations by the registrar, without exception, lie to the Industrial Court;
8. (ii) to draw the attention of the Government of the United Kingdom once again, having regard to the observations of the I.L.O. Committee of Experts on the Application of Conventions and Recommendations referred to in paragraph 428 above, to the desirability of defining clearly in the legislation the precise conditions which trade unions must fulfil in order to be entitled to registration and of prescribing specific statutory criteria for the purpose of deciding whether such conditions are fulfilled or not;
9. (iii) to express the hope that it will be found possible to effect the legislative amendments referred to in subparagraph (i) above at an early date, and that, when this is done, account will also be taken of the considerations set forth in subparagraph (ii) above;
10. (iv) to request the Government of the United Kingdom to be good enough to keep the Governing Body informed as to further developments in this connection;
11. (c) to decide, with regard to the allegations relating to the organising rights of agricultural workers and domestic servants:
12. (i) to draw the attention of the Government to the fact that, in undertaking to apply the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), without modification to Southern Rhodesia, it has assumed the obligation under Article 2 of that Convention to guarantee the right of all employed persons " to associate for all lawful purposes ";
13. (ii) to request the Government-having regard to the observation made in 1961 by the I.L.O. Committee of Experts on the Application of Conventions and Recommendations, as indicated in paragraph 438 above, and to the statement of a Government representative to the Conference Committee on the Application of Conventions and Recommendations in 1961 that the question of the inclusion of agricultural workers and domestic servants within the Industrial Conciliation Act, 1959, would be further considered in the light of the observation of the Committee of Experts-to indicate what measures it is proposed to take to give full effect to Article 2 of the said Convention in respect to these categories of workers.

A. A. The complainants' allegations

1. 112. As regards the allegations concerning the registration of trade unions under the Industrial Conciliation Act, 1959, the Committee during its session in February 1964 received a communication from the Government dated 22 January 1964 in which the latter stated that an amendment was being prepared to sections 37 and 48 of that Act to make all appeals against the refusal or cancellation of registration of organisations by the registrar lie to the Industrial Court."
2. 113. At its session in February 1964 the Committee took note of this statement by the Government and recommended the Governing Body to ask the Government to keep it informed of any further developments in this respect."
3. 114. In a communication dated 25 September 1964 the Government stated that a Bill to amend existing legislation along the lines indicated in paragraph 112 above had been prepared and was before Parliament.
4. 115. As regards the precise definition of the conditions that must be applied by trade unions in order to apply for registration and the trade union rights of agricultural workers and domestic servants the Government stated that the question was still under review.

The Committee's recommendations

1. 116. In view of the foregoing the Committee recommends the Governing Body:
   • (a) to note with interest the information supplied by the Government regarding the submission to Parliament of a Bill amending the Industrial Conciliation Act, 1959, in the manner indicated in paragraph 446 (b) (i) of the Committee's 66th Report quoted in paragraph III above;
   • (b) to request the Government to be good enough to keep the Governing Body informed of developments as regards the points referred to in paragraph 446 (b) and (c) of the Committee's 66th Report;
   • (c) to take note of the present interim report, it being understood that the Committee will report once more when it is in possession of the additional information mentioned in subparagraph (b) above.