Effect given to the recommendations of the committee and the Governing Body - Report No 403, June 2023

Case No 3055 (Panama) - Complaint date: 19-NOV-13 - Closed

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

1. 33. The Committee last examined this case, which concerns allegations of dismissal of trade unionists, detention of trade unionists and fines for participation in a trade union protest, filing of a criminal complaint for trade union activities, and break-in at the headquarters of the Firefighters’ Association of the Republic of Panama, at its meeting in October 2015 (see Report No. 376, paras 805–824). On that occasion, the Committee welcomed the referral of the case to the Committee for the rapid handling of complaints relating to freedom of association and collective bargaining and suggested to the authorities that, as far as possible, recourse be had to dialogue mechanisms rather than penal action. The Committee also requested the complainant organization and the Government to keep it informed of any ruling handed down with regard to the alleged break-in at the headquarters of the Firefighters’ Association and the deprivation of the use thereof to the detriment of the Association, and invited the Government to take steps, pending the judicial ruling, to provide the Association with premises to facilitate the exercise of its activities.
2. 34. In its communication dated 21 June 2018, the Government indicates that on 10 May 2018, the Committee for the rapid handling of complaints relating to freedom of association and collective bargaining signed an agreement to close Case No. 3055 before the Committee on Freedom of Association on the grounds that it had been settled to the satisfaction of those concerned and in accordance with the terms provided for in national legislation, ILO Conventions and the observations of the ILO supervisory bodies. The Government annexed a copy of the above-mentioned Agreement, which indicates that, in view of the reinstatement and payment of back pay of Mr Cruz Gomez and Mr Raúl Marshall (who, as indicated in the complaint, had been the most belligerent in the trade union protest) of the Fire Brigade of the Republic of Panama, the case was closed, and the Ministry of Labour and Labour Development was requested to inform the Committee on Freedom of Association of the above.
3. 35. The Committee takes note of the information provided by the Government and welcomes the fact that the reinstatement of the above-mentioned workers and the agreement concerning the case were reached within the Committee for the rapid handling of complaints relating to freedom of association and collective bargaining, which demonstrates the fundamental role played by the said Committee. On the basis of the above and having received no further information in this respect, the Committee considers that the case is closed and will not pursue its examination.