Interim Report - Report No 74, 1964

Case No 251 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 28-JAN-61 - Closed

157. The Committee has already examined this case at its meetings in November 1961, May 1962, October 1962 and May 1963. On this last occasion, the Committee submitted an interim report containing certain conclusions and a request to the Government for further information. The report of the Committee, which was approved by the Governing Body at its 155th Session on 1 June 1963, recommended the Governing Body, in particular:

1. ......................................................................................................................................................
2. (c) to note the Government of the United Kingdom's statement that the new Government elected in Southern Rhodesia in December 1962 is considering the matters referred to in paragraph 446 (b) and (c) of the 66th Report of the Committee... and to request the Government of the United Kingdom to be good enough to keep the Governing Body informed as to further developments in this connection.
3. Paragraph 446 (b) and (c) of the 66th Report of the Committee reads as follows:
4. 446. ... the Committee recommends the Governing Body:
5. ......................................................................................................................................................
6. (b) to decide, with regard to the allegations relating to registration of trade unions under the Industrial Conciliation Act, 1959:
7. (i) to take note of the statement of the Government of the United Kingdom to the effect that the Government of Southern Rhodesia has agreed that sections 37 and 48 of the Industrial Conciliation Act, 1959, be amended to make all appeals against the refusal or cancellation of registration of organisations by the Registrar, without exception, lie to the Industrial Court;
8. (ii) to draw the attention of the Government of the United Kingdom once again, having regard to the observations of the I.L.O. Committee of Experts on the Application of Conventions and Recommendations referred to in paragraph 428 above, to the desirability of defining clearly in the legislation the precise conditions which trade unions must fulfil in order to be entitled to registration and of prescribing specific statutory criteria for the purpose of deciding whether such conditions are fulfilled or not;
9. (iii) to express the hope that it will be found possible to effect the legislative amendments referred to in subparagraph (i) above at an early date, and that, when this is done, account will also be taken of the considerations set forth in subparagraph (ii) above;
10. (iv) to request the Government of the United Kingdom to be good enough to keep the Governing Body informed as to further developments in this connection;
11. (c) to decide, with regard to the allegations relating to the organising rights of agricultural workers and domestic servants:
12. (i) to draw the attention of the Government to the fact that in undertaking to apply the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), without modification to Southern Rhodesia, it has assumed the obligation under Article 2 of that Convention to guarantee the right of all employed persons " to associate for all lawful purposes ";
13. (ii) to request the Government-having regard to the observation made in 1961 by the I.L.O. Committee of Experts on the Application of Conventions and Recommendations, as indicated in paragraph 438 above, and to the statement of a Government representative to the Conference Committee on the Application of Conventions and Recommendations in 1961 that the question of the inclusion of agricultural workers and domestic servants within the Industrial Conciliation Act, 1959, would be further considered in the light of the observation of the Committee of Experts-to indicate what measures it is proposed to take to give full effect to Article 2 of the said Convention in respect to these categories of workers.
14. 158. In a communication dated 22 January 1964, the Government of the United Kingdom gave the following information on these two points.
15. 159. As regards the allegations relating to registration of trade unions under the Industrial Conciliation Act, 1959, the Government states that sections 37 and 48 of the said Act are now being amended to make all appeals against the refusal or cancellation of registration of organisations by the Registrar to lie to the Industrial Court.
16. 160. As for the question concerning the precise definition of conditions which trade unions must fulfil in order to be entitled to registration, the Government states that this is still under consideration.
17. 161. With regard to the allegations relating to the organising rights of agricultural workers and domestic servants, the Government indicates that the question of the organising rights of these categories of workers is still being examined.

The Committee's recommendations

1. 162. In view of the foregoing, the Committee recommends the Governing Body:
   • (a) to take note with interest of the information furnished by the Government;
   • (b) to express the hope that the Government will find it possible to take measures at an early date, in respect of the matters referred to in subparagraphs (b) and (c) of paragraph 446 of the 66th Report of the Committee cited in paragraph 157 above, and to request the Government to be good enough to keep the Governing Body informed of further developments in this connection;
   • (c) to take note of the present interim report, it being understood that the Committee will report further to the Governing Body when it has received the additional information referred to in subparagraph (b) above.