- The Governing Body of the ILO has approved the report of the Committee
of the Freedom of Association on the complaint against the Government
of Japan (Case No. 2177). The complaint was filed by RENGO and RENGO
Public Sector Liaison Council (RENGO-PSLC).
The Committee's recommendations support the allegation and clearly
request that "the Government should reconsider its stated intention
to maintain the current restrictions on the fundamental labour rights
of public employees" in comply with principles of the Freedom
of Association and Protection of the Right to Organise Convention
(No. 87, 1948) and the Right to Organise and Collective Bargaining
Convention (No. 98, 19949).
- The Committee issued an interim report containing recommendations
because it expects the Government to improve the public service system
in accordance with ILO principles.
The report recommends that "full, frank and meaningful consultations
be held soon with all parties concerned on the rational and substance
of the public service reform to obtain a wider consensus on the subject,
and with a view to amending the legislation and bringing it into conformity
with freedom of association principles". It further recommended
that these consultations "should notably address the following
issues", concerning which the legislation and/or practice are
in violation of the provisions of Conventions Nos. 87 and 98:
- Granting fire defence personnel the right to establish trade unions;
- Amending the registration system of local pubic employees' unions;
- Allowing public employees' unions to set themselves the term of
office of full-time union officers;
- Granting public employees not directly engaged in the administration
of the State the right to bargain collectively and the right to strike;
and
- Amending the legislation so that public employees who exercise legitimately
their right to strike are not subject to civil or criminal penalties.
Furthermore, the Committee "requests the Government to keep it
informed of developments on all the above issues and to provide copies
of the proposed legislative texts".
- These recommendations can be said a result of: a petition of 10
million signatures appealing for a democratic public service reform;
the case filed with the ILO by RENGO, together with international
trade union organisations, including the ICFTU, the PSI, the EI, the
UNI, the ITF and the IFBWW; international symposiums inviting representatives
from these organisations; and other efforts.
- The adoption of the Committee's report requires the Government to
be faced with an international commitment. RENGO will request the
Government to express its intention to proceed with the public service
reform in accordance with the Committee's recommendations and provisions
of relevant ILO Conventions and to start consultations with trade
unions, including RENGO. RENGO will appeal to the Government, the
Diet and all Japanese people that internationally recognised workers'
fundamental rights be established, which RENGO will make its best
effort to realise.
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