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- 20. A complaint containing allegations of infringements of trade union rights in Puerto Rico was addressed to the ILO by the World Federation of Trade Unions in a communication dated 18 November 1977.
- 21. On 5 November 1977 the period of notice given by the United States on 6 November 1975 of its intention to withdraw from membership of the International Labour Organisation expired. The United States remained a member of the United Nations.
- 22. During its period of membership of the ILO the United States had not ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), or the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
A. A. The complainants' allegations
A. A. The complainants' allegations
- 23. The complainant organisation alleged that, on 11 October 1977 the American police had arrested two active militant trade union leaders of the TMT Shipping Company. One of these, Juan Rafael Caballero Santana was found dead on 18 November 1977, his body having been severely tortured. The WFTU requested an immediate investigation into what it described as a grave violation of human and trade union rights.
B. B. The Committee's conclusions
B. B. The Committee's conclusions
- 24. According to the procedure for the examination of complaints of alleged infringements of trade union rights agreed upon between the United Nations and the International Labour Organisation, before the Governing Body of the ILO refers to the Fact-Finding and Conciliation Commission on Freedom of Association an allegation which it has received against a Member of the United Nations which is not a Member of the ILO, such allegation should be referred to the Economic and Social Council for its consideration. In Resolution 277(X) approving the arrangements the ILO was invited to refer, in the first instance, to the Economic and Social Council any allegations regarding infringements of trade union rights against a Member of the United Nations which is not a member of the ILO. If the Governing Body has before it such allegations regarding infringements of trade union rights, it will, before referring them to the Commission, refer them to the Economic and Social Council for consideration. The procedure provides that the Secretary-General of the United Nations will seek the consent of the government concerned before any consideration of the allegation by the Economic and Social Council if such consent is not forthcoming, the Economic and Social Council will give consideration to such refusal with a view to taking any appropriate alternative action designed to safeguard the rights relating to freedom of association involved in the case.,
The Committee's recommendations
The Committee's recommendations
- 25. In these circumstances, having regard to the situation set forth in the preceding paragraph, the Committee recommends the Governing Body:
- (a) to refer to the Economic and Social Council for consideration, in accordance with Resolution 277(X) of 17 February 1950, the complaint presented by the World Federation of Trade Unions against the Government of the United States which is no longer a Member of the ILO;
- (b) to note that, in accordance with Economic and Social Council Resolution No. 277(X) of 17 February 1950, it is for the Economic and Social Council to decide what further action it proposes to take in the matter by seeking the consent of the Government of the United States to the case being referred to the Fact-Finding and Conciliation Commission on Freedom of Association or being dealt with in any other manner.
