Effect given to the recommendations of the committee and the Governing Body - Report No 324, March 2001

Case No 2038 (Ukraine) - Complaint date: 26-FEB-99 - Closed

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

1. 85. The Committee last examined this case at its June 2000 meeting when it requested the Government to keep it informed of all relevant developments concerning the amendment of sections 11 and 16 of the Act on Trade Unions (hereinafter, the Trade Unions Act), their rights and safeguards of their activities in line with the principles of freedom of association and drew the Government's attention to the availability of ILO technical assistance in this regard [see 321st Report, paras. 91-93].
2. 86. In a communication dated 7 November 2000, the Government transmitted a copy of the judgement of the Constitutional Court of Ukraine which has declared unconstitutional the clauses of sections 11 and 16 of the Trade Unions Act which restrict the right to freedom of association and orders that these provisions will immediately cease to have effect. The Government states that this ruling will make it possible to eliminate the divergences between the Act and Convention No. 87 and responds positively to the offer of ILO technical and advisory assistance in respect of the implementation of the court judgement.
3. 87. The Committee takes notes of this information with satisfaction, as well as of the prospects of a technical assistance mission to the country. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the follow-up given to this case.