Effect given to the recommendations of the committee and the Governing Body - Report No 360, June 2011

Case No 2399 (Pakistan) - Complaint date: 21-DEC-04 - Closed

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

1. 92. The Committee last examined this case, which concerns dismissals, harassment and violence against members of the Liaquat National Hospital Workers’ Union (LNHWU), at its June 2010 session [see 357th Report, paras 70–73]. On that occasion, the Committee deplored the lack of the Government’s observations, which only highlighted the Government’s failure to take measures to implement the Committee’s previous recommendations. It therefore urged the Government to take the necessary measures in order to investigate without delay the allegations of: (1) torture and harassment against trade union members ordered by the management of the Liaquat National Hospital; (2) the abduction, beating and threats carried out against the LNHWU General Secretary, Mr Shahid Iqbal Ahmed, by the police; and (3) the dismissals and suspensions at the hospital. The Committee once again urged the Government, if the allegations of illtreatment were confirmed, to prosecute and punish the guilty parties and take the necessary measures in order to prevent the repetition of similar acts. In respect of the dismissals and suspensions, the Committee requested the Government, if it was found that the workers were dismissed for the exercise of their trade union activities, to ensure that they were reinstated in their posts with back pay and, if reinstatement was not possible for objective and compelling reasons, that they were paid adequate compensation so as to constitute sufficiently dissuasive sanctions.
2. 93. In a communication dated 25 February 2011, the Government reiterates the information it had previously provided to the effect that all the cases regarding reinstatement and damages to the dismissed workers are still pending in various courts.
3. 94. The Committee once again regrets the absence of any concrete measures taken by the Government to give effect to the Committee’s recommendations in this case. The Committee recalls that the events in this case go back to 2002. Noting the Government’s indication that both the reinstatement cases and the lawsuit against the management for damages are still pending, the Committee recalls that justice delayed is justice denied [see Digest of decisions and principles of the Committee on Freedom of Association, fifth edition, revised, 2006, para. 105] and strongly urges the Government to take all necessary steps to ensure that the cases, which have been pending for seven years now, are finally heard. The Committee once again urges the Government, if it is found that the workers’ dismissals are linked to the exercise of their trade union activities, to ensure that they are reinstated in their posts with back pay and, if reinstatement is not possible for objective and compelling reasons, that they are paid adequate compensation so as to constitute sufficiently dissuasive sanctions.
4. 95. The Committee deplores the lack of information regarding the specific allegations of torture and harassment against members of the LNHWU ordered by the Hospital management, as well as the allegations of abduction, beating and threats against the LNHWU General Secretary, Mr Shahid Iqbal Ahmed by the police. The Committee recalls that in its examination of the case in March 2007, it had noted the Government’s indication that pursuant to the Committee’s recommendations, the government of Sindh had been asked to conduct an inquiry into the matter of the Liaquat National Hospital and to send a comprehensive report to the Ministry of Labour and Manpower. The Committee deeply regrets that four years later, no information was provided as to the outcome of this investigation. Further recalling that in the event of assaults on the physical integrity of individuals, the Committee has always considered that an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts [see Digest, op. cit., para. 50], the Committee strongly urges the Government to take the necessary measures to investigate these allegations without delay, and if the allegations of ill-treatment are confirmed, to prosecute and punish the guilty parties and take all necessary measures in order to prevent the repetition of similar acts.