Definitive Report - Report No 278, June 1991

Case No 1525 (Pakistan) - Complaint date: 20-DEC-89 - Closed

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49. By communications of 20 December 1989 and 15 March 1990, the International Metalworkers' Federation (IMF) presented a complaint of violations of trade union rights against the Government of Pakistan. By a communication of 3 September 1990 the International Textile, Garment and Leather Workers' Federation (ITGLWF) associated itself with this complaint. The Government sent its observations on these allegations by communications dated 17 October 1990 and 27 March 1991.
50. Pakistan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

51. On 5 October 1989 the Ministry of Labour, Manpower and Overseas Pakistanis (Labour Division) issued a circular (No. 11A-10(31)/89) which, inter alia, required all trade unions whose members or officials had been invited to participate in international conferences, meetings, seminars, symposia, etc., to submit at least three names (along with five copies of their biographical details) to a government-appointed "Selection Committee". This Committee would then pick a suitable person to attend the conference, etc., in question.
52. According to the complainants this practice was wholly unacceptable to their affiliates in Pakistan, and was in blatant violation of Conventions Nos. 87 and 98.

53. By its communication of 17 October 1990 the Government indicates that the Selection Committee "ceased to function long ago and hence the cause of complaint exists no more".
54. By its further communication of 27 March 1991 the Government supplies a copy of a circular dated 11 March 1991 cancelling the circular of 5 October 1989 which gave rise to the complaint, and also an earlier circular dated 20 July 1989 which dealt with the same issue.

55. This complaint relates to a circular issued by the Ministry of Labour, Manpower and Overseas Pakistanis which required trade unions whose members or officials had been invited to attend international conferences, etc. to submit at least three names to the Ministry, which would then make a final selection.
56. For many years the Committee has adhered to the principle that participation in the work of international organisations must be based on the principle of the independence of the trade union movement. Within the framework of this principle, full freedom should be given to representatives of trade unions to take part in the work of the international workers' unions to which the organisations they represent are affiliated (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 535). The circulars of 20 July and 5 October 1989 were manifestly contrary to this principle.
57. The Committee considers that these circulars were also in conflict with the right of workers' and employers' representatives to attend and participate in meetings of the ILO (Digest, paras. 672-677).
58. The Committee notes, however, that both circulars were formally rescinded in March 1991, and that according to the Government the procedures established thereby had ceased to operate some time before then.

59. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
- - Noting that the circulars issued by the Government in 1989 on the subject of nominations for attending international meetings have now been rescinded, the Committee must nevertheless point out that they were manifestly contrary to the principles of freedom of association.