Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 311, Noviembre 1998

Caso núm. 1869 (Letonia) - Fecha de presentación de la queja:: 31-ENE-96 - Cerrado

Allegation: Threat of eviction from union premises

1. 515. The Committee examined this case at its November 1997 meeting (see 308th Report, paras. 481-500, approved by the Governing Body at its 270th Session (November 1997)), at which it drew up interim conclusions.
2. 516. The Government subsequently sent new observations in communications dated 19 June and 11 August 1998.
3. 517. Latvia has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 518. In its previous examination of this case, the Committee considered allegations that the Government had threatened to evict the Latvian Book Industry Trade Union (LGAS) from its rightful premises.
2. 519. At its March 1998 session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) Noting that the District Court has viewed the claims of the Latvian Book Industry Trade Union (LGAS) as legitimate, the Committee expresses the hope that, on this basis, an arrangement will be promptly worked out which is acceptable to the parties concerned and would allow the LGAS to recover the totality or equivalent of the assets it previously held.
   • (b) Further noting however that the municipal authorities have lodged an appeal to the High Court to review the District Court's judgement, the Committee requests the Government to keep it informed of the outcome of this appeal. The Committee further requests the Government to provide a copy of the Court's judgement as soon as it is handed down.
   • (c) Considering that threats of eviction from trade union premises interfere with the effective functioning of trade unions, the Committee requests the Government to ensure that the LGAS be enabled to continue with its lease until the property rights question has been resolved.

B. The Government's further reply

1. 520. In its communications of 19 June and 11 August 1998, the Government has indicated that the Saeima, the Parliament of the Republic of Latvia, fully understanding the significance of association rights and property rights in a democratic country, adopted the Law on the Restoration of the Real Estate Rights to the Latvian Book Industry Trade Union on 1 April 1998. This Law was signed by the President and entered into force on 16 April 1998.
2. 521. By the adoption of this Law, the property rights of the Latvian Book Industry Trade Union (LGAS) for the real estate -- the building of L??pl?sa Street 43/45 in Riga -- are restored. The State Real Estate Agency is obliged to transfer the property to the Latvian Book Industry Trade Union by 16 July 1998. The Director-General of the State Real Estate Agency formed a commission to take part in the transfer of real estate which has, however, not yet been completed. A translation of the Law on the Restoration of the Real Estate Rights to the Latvian Book Industry Trade Union was attached to the Government's reply and is reproduced in the annex.

C. The Committee's conclusions

1. 522. The Committee welcomes the rapid response by the Government to its recommendations concerning the restoration of property rights to the Latvian Book Industry Trade Union (LGAS) through the adoption on 1 April 1998 of the Law on the Restoration of the Real Estate Rights to the Latvian Book Industry Trade Union.
2. 523. The Committee notes, however, from the Government's communication of 11 August 1998, that the transfer of property to the LGAS, which was to have occurred by 16 July, has not yet been completed. It trusts that the Government will make all efforts to ensure that this transfer will be completed in the very near future and requests the Government to keep it informed of developments in this regard.

The Committee's recommendations

1. 524. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Welcoming the Government's rapid efforts to resolve the property rights dispute in respect of the premises of which the Latvian Book Industry Trade Union has claimed to be the rightful owner, the Committee trusts that the Government will make all efforts to ensure that this transfer, which was to have occurred by 16 July 1998, will be completed in the very near future. It requests the Government to keep it informed of developments in this regard.

Annex

1. Law on the Restoration of the Real Estate Rights to the Latvian Book Industry
2. Trade Union
3. Article 1
4. The Latvian Book Industry Trade Union is restored the property rights to the
5. real estate in 43/45 Lacplesa Street in Riga (Land cadastral record No.
6. 01000300012), which belonged to it in 1940, not including the part, which is
7. privatized or for which, before this Law entered into force, an application
8. for privatization of living space is submitted in accordance with the Law "On
9. Privatization of State and Municipal Housing".
10. Article 2
11. In three months' time, after this Law has become effective, the State Real
12. Estate Agency transfers with the deed of assignment the property mentioned in
13. article 1 of this Law to the Latvian Book Industry Trade Union. The mentioned
14. deed of assignment is valid for entry into the Land Record Book and for
15. securing the property rights of the Latvian Book Industry Trade Union.
16. Transitional provision
17. If an application for the privatization of the living space is submitted prior
18. to the date at which the Law has become effective and if within three months
19. after the Law has entered into force the conclusion of the purchase agreement
20. is not signed, the corresponding part of the real estate has to be transferred
21. to the Latvian Book Industry Trade Union.
22. The Law becomes effective on the next day after its announcement.
23. The Law was passed by the Saeima on 1 April 1998.
24. The President of State,
25. G. Ulmanis,
26. Riga, 15 April 1998.