Report in which the committee requests to be kept informed of development - Report No 70, 1963

Case No 179 (Japan) - Complaint date: 30-APR-58 - Closed

98. When the Committee continued its consideration of this case at its meeting in February 1963 it submitted to the Governing Body the interim report contained in paragraphs 59 to 80 of its 68th Report.

1. 99. In particular, with regard to the position concerning the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee, in paragraph 80 of its 68th Report, recommended the Governing Body:
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3. (a) to take note of the Government's explanation, in its communication dated 25 January 1963, as to the reasons which prevented the Bills relating to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), being submitted to the extraordinary session of the Diet which met from 8 to 23 December 1962;
4. (b) to take note of the statement of the Prime Minister of Japan on 23 January 1963, referred to in the Government's communication dated 13 February 1963, that the Government is to present the said Convention with the related Bills to the current Diet session for approval and of his statement to the Diet that the Government expects strongly that the Diet will approve it;
5. (c) to take note of the Government's further statement that, accordingly, it is making preparations to submit to the Diet at the earliest possible date the Bill for the ratification of the said Convention and the Bills to amend the related domestic laws, and that further informal negotiations have been held between representatives of the government and opposition parties, who reached agreement to continue efforts to secure the approval of the Bills relating to the ratification of the Convention during the current session of the Diet;
6. (d) to express the hope that the Government, in accordance with the expressed intention of the Prime Minister, will present the Bill to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), to the current session of the Diet, at the earliest possible date, for approval, and that such approval will be obtained during the present session of the Diet in accordance with the expectations of the Government as expressed by the Prime Minister;
7. (e) to request the Government to inform the Governing Body prior to its next session (May 1963) of the action taken;
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9. 100. The 68th Report was approved by the Governing Body at its 154th Session (March 1963) and the conclusions cited above were brought to the notice of the Government of Japan by a letter dated 15 March 1963.
10. 101. In a letter dated 4 March 1963 the Government of Japan stated that Bills to ratify the Convention and to amend the related legislation were submitted to the Diet on 2 March 1963; the Government forwarded copies of the Bills to amend the legislation by a communication dated 13 March 1963.

A. A. The complainants' allegations

1. 102. In a communication dated 22 May 1963 the Government of Japan stated that the Diet, to which the said Bills had been submitted on 2 March 1963, was virtually in recess during April because of the local elections held in that month in Japan. With the resumption of the Diet session informal negotiations were reopened between the representatives of the government and opposition parties with regard to the Bills relating to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and agreement was reached on 15 May to continue the negotiations in an effort to ensure the passage of the Bills during the current Diet session. The Diet session, originally due to end on 22 May 1963, has been prolonged, in view of the April recess, until 6 July 1963, so that various Bills, including those related to the ratification of the Convention, may be deliberated. The Government promised that it would furnish information as to further developments in this connection.

The Committee's recommendations

1. 103. In these circumstances the Committee, recalling that the Government announced as long ago as 6 November 1958 that it was considering the question of ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and then, in a communication dated 25 February 1959, announced that the Cabinet had decided to ratify the Convention, and to repeal section 4 (3) of the Public Corporation and National Enterprise Labour Relations Law and section 5 (3) of the Local Public Enterprise Labour Relations Law, recommends the Governing Body:
   • (a) to take note of the Government's statement that Bills to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and to amend the related national legislation were submitted to the Diet on 2 March 1963;
   • (b) to note also the Government's further statement that, following the resumption of the current Diet session after the April recess, informal negotiations were reopened between the representatives of the government and opposition parties with regard to the aforesaid Bills, and that agreement was reached on 15 May 1963 to continue the negotiations in an effort to ensure the passage of the Bills during the current Diet session, which has been prolonged until 6 July 1963;
   • (c) to express its sincere hope that, in accordance with the assurances given by the Government on many previous occasions and with the expectations of the Government as expressed by the Prime Minister, as indicated in the Government's communication dated 13 February 1963, the Bills to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), will be approved by the Diet during its current session;
   • (d) to request the Government to be good enough to inform the Governing Body as to further developments in this connection, in time for the information to be considered by the Governing Body at its session in late June 1963 immediately following the close of the 47th Session of the International Labour Conference.