Interim Report - Report No 64, 1962

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

1. 18. When the Committee continued its examination of this case at its 30th Session (February 1962), it submitted a further report to the Governing Body in paragraphs 102 to 109 of its 60th Report.

19. The Committee, after reviewing the latest position with regard to the ratification by Japan of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), made to the Governing Body the recommendations contained in paragraph 109 (a), (b) and (c) of its 60th Report, which reads as follows:

1. 109. In these circumstances the Committee recommends the Governing Body:
2. (a) to take note of the statement by the Government in its communication dated 20 February 1962 that the Cabinet has confirmed that its policy is to submit to the current session of the Diet the Bills relating to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and to amendments of the relevant national legislation, that the Prime Minister himself has recently confirmed that it is the Government's intention to submit the Convention to the current session of the Diet for approval, and that the date of such submission is now being examined; to note also the Government's assurance that it will continue to exert its utmost efforts to overcome the difficulties involved and to secure the approval by the Diet of the Bills in question;
3. (b) recalling and reaffirming the disappointment expressed by the Governing Body, when adopting the 58th Report of the Committee, at the fact that the said Convention had still not been ratified by Japan, despite the repeated assurances as to the intention to ratify in which had been given by the Government on nine separate occasions from 25 February 1959 onwards, to express the hope that the Government will, in accordance with its declared intention of submitting the Convention to the current session of the Diet, at last be successful in its efforts to secure the approval by the Diet at its present session of the proposal to ratify the Convention;
4. (c) to request the Government to be good enough to continue to keep the Governing Body informed of further developments in this connection.
5. ......................................................................................................................................................
6. 20. The 60th Report of the Committee was approved by the Governing Body at its 151st Session (March 1962). The conclusions and request for further information contained therein were brought to the notice of the Government of Japan by a letter dated 21 March 1962.
7. 21. In two communications dated 20 April and 11 May 1962 the Government furnishes further information as to the present situation with regard to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
8. 22. In the communication dated 20 April 1962 the Government states that, since it forwarded, on 20 February 1962, the information noted by the Committee in paragraph 109 (a) of its 60th Report, informal negotiations with a view to securing the approval by the Diet of the Bills relating to the ratification of the said Convention and to amendments of the related national legislation had been carried on through representatives nominated both by the government and opposition parties and were still continuing, and that, on 13 April 1962, the Bills in question had been submitted to the Diet in the same form as that in which they had been submitted in March 1961.
9. 23. In its communication dated 11 May 1962 the Government stated that the negotiating representatives referred to in its communication dated 20 April 1962 continued to meet in a spirit of good will and mutual concession, with the result that the adjustment of opinions on the points at issue made remarkable progress, although it did not prove possible to reach final agreement before the session of the Diet closed on 7 May 1962. Negotiations between the two parties are expected to continue and, while it is regretted that the Bills were not adopted during the recent session of the Diet, the Government considers it evident that marked progress in substance has been made compared with the situation prevailing during the sessions of the Diet in 1960 and 1961. The Government adds that it intends to renew its efforts in this direction with hope for the future and that information as to any further developments will be furnished.
10. 24. With regard to the other allegations still outstanding, concerning which the Committee, at its 29th Session (November 1961), decided to request the Government to furnish further information before it formulated its recommendations to the Governing Body, the present position is as follows. As indicated in paragraph 108 of the 60th Report of the Committee, the Government furnished information in three communications dated 22 January, 13 February and 16 February 1962, received on 29 January, 16 February and 19 February 1962 respectively. That information is not yet complete, however, and the Government promised in its said communications to furnish further information on those cases of alleged anti-union discrimination which were still the subject of inquiry or other procedures. No further observations on these matters have so far been received. In addition, further documents of complaint from the Japanese Teachers' Union and the All-Japan Prefectural and Municipal Workers' Union, both dated 10 February 1962, were received on 19 February 1962, as also noted in paragraph 108 of the Committee's 60th Report. Observations of some length by the Government on these two communications, dated 16 May 1962, were received on 21 May 1962. Further communications dated 22 February, 1 May and 14 May 1962 have been received from the I.C.F.T.U, the Japanese Teachers' Union and the General Council of Trade Unions of Japan respectively and have been transmitted to the Government for its observations. No observations have so far been received on the three communications most recently received from the complainants.

The Committee's recommendations

1. 25. In these circumstances the Committee recommends the Governing Body:
   • (a) to take note of the Government's statement in its communication dated 20 April 1962 that, following informal negotiations between representatives of the government and opposition parties, Bills relating to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and to amendments to the related national legislation were submitted to the Diet on 13 April 1962, in the same form as that in which they had been submitted in March 1961;
   • (b) to take note of the further statements by the Government in its communication dated 11 May 1962 to the effect:
   • (i) that the said negotiations resulted in remarkable progress being made in the adjustment of opinions on the points at issue, but that it did not prove possible to reach final agreement before the session of the Diet closed on 7 May 1962;
   • (ii) that negotiations between the government and opposition parties are expected to continue and that, while it is regretted that the Bills were not adopted during the recent session of the Diet, the Government considers that marked progress in substance has been made compared with the situation prevailing during the sessions of the Diet in 1960 and 1961;
   • (iii) that the Government intends to renew its efforts in this connection and will furnish information as to further developments;
   • (c) to express its keen disappointment, having regard to the many previous assurances given by the Government, as indicated in paragraph 109 (b) of the 60th Report of the Committee cited above, with reference to the intention to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that yet again a session of the Diet has ended without approval being given to the Bills submitted to it in this connection;
   • (d) to express the hope that the Government will re-submit the Bills in question as a matter of priority to the next session of the Diet;
   • (e) to request the Government to furnish information as to further developments in this connection;
   • (f) to urge the Government, having regard to its expressed intention of ratifying the said Convention, to endeavour, pending such ratification, to avoid any measures being taken which might run counter to the principles contained in the Convention, and, in particular, to avoid any arrests, dismissals or reprimands for trade union activities;
   • (g) to request the Government to be good enough to continue to furnish observations in respect of the cases of alleged anti-union discrimination referred to in paragraph 24 above, which are still the subject of inquiry or other procedures;
   • (h) to request the Government to furnish as early as possible any observations that it may wish to make on the matters raised in the complainants' communications dated 10 and 22 February and 1 and 14 May 1962 referred to in paragraph 24 above.