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GB.308/3

(Chile) since it is awaiting information and observations from the governments concerned. All these cases relate to complaints submitted since the last meeting of the Committee.

Observations requested from governments 7. The Committee is still awaiting observations or information from the governments concerned in the following cases: 2203 (Guatemala), 2241 (Guatemala), 2445 (Guatemala), 2450 (Djibouti), 2528 (Philippines), 2533 (Peru), 2571 (El Salvador), 2609 (Guatemala), 2673 (Guatemala), 2708 (Guatemala), 2709 (Guatemala), 2717 (Malaysia), 2741 (United States), 2743 (Argentina); 2745 (Philippines), 2746 (Costa Rica), 2747 (Islamic Republic of Iran), 2749 (France), 2750 (France), 2752 (Montenegro), 2753 (Djibouti), 2754 (Indonesia), 2757 (Peru), 2758 (Russian Federation), 2761 (Colombia), 2762 (Nicaragua), 2764 (El Salvador), 2765 (Bangladesh), 2766 (Mexico), 2767 (Costa Rica) and 2768 (Guatemala).

Partial information received from governments 8. In Cases Nos 2265 (Switzerland), 2318 (Cambodia), 2341 (Guatemala), 2522 (Colombia), 2576 (Panama), 2594 (Peru), 2613 (Nicaragua), 2639 (Peru), 2644 (Colombia), 2655 (Cambodia), 2684 (Ecuador), 2704 (Canada), 2706 (Panama), 2710 (Colombia), 2716 (Philippines), 2723 (Fiji), 2725 (Argentina), 2733 (Albania), 2735 (Indonesia), 2756 (Mali) and 2760 (Thailand), the governments have sent partial information on the allegations made. The Committee requests all these governments to send the remaining information without delay so that it can examine these cases in full knowledge of the facts.

Observations received from governments 9. As regards Cases Nos 2254 (Bolivarian Republic of Venezuela), 2422 (Bolivarian Republic of Venezuela), 2576 (Panama), 2674 (Bolivarian Republic of Venezuela), 2724 (Peru), 2726 (Argentina), 2727 (Bolivarian Republic of Venezuela), 2737 (Indonesia), 2739 (Brazil), 2742 (Plurinational State of Bolivia), 2751 (Panama), 2759 (Spain) and 2763 (Bolivarian Republic of Venezuela), the Committee has received the governments’ observations and intends to examine the substance of these cases at its next meeting.

Article 26 complaints 10. The Committee is awaiting the observations of the Government of Belarus in respect of its recommendations relating to the measures taken to implement the recommendations of the Commission of Inquiry.

11. As regards the article 26 complaint against the Government of the Bolivarian Republic of Venezuela, the Committee recalls its recommendation for a direct contacts mission to the country in order to obtain an objective assessment of the actual situation.

Admissibility of a complaint 12. As regards Case No. 2694 (Mexico), the Committee has considered that the complaint is admissible. In order for it to examine the case in full knowledge of the facts, the Committee requests the complainant organizations to provide concrete and detailed

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information and, with respect to the legislative aspects referred to, to specify the provisions which violate freedom of association and the manner in which they do so.

13. Furthermore, the Committee examined the admissibility of a communication of the Mexican Electricians Union (SME) dated 26 November 2009 and, before reaching a decision in this regard, requests the organization to further clarify its allegations, indicating specifically the manner in which the principles of freedom of association and collective bargaining are being breached.

Transmission of cases to the Committee of Experts 14. The Committee draws the legislative aspects of the following cases to the attention of the Committee of Experts on the Application of Conventions and Recommendations: Australia (Case No. 2698), Canada (Case No. 2173), Ethiopia (Case No. 2516), Japan (Cases Nos 2177 and 2183) and Peru (Case No. 2690).

Procedural questions 15. Following numerous discussions throughout the last few years on the Committee’s methods of work, its effectiveness and visibility, the Committee held a special session to begin its review of some aspects of its procedure and to reflect on the most effective manner of communicating with the parties to complaints. At this session, the Committee first focused on the manner in which it could ensure that it had the most complete and relevant information available to it from all those affected by the complaint. While recalling that it is the responsibility of governments to ensure respect for the principles of freedom of association and that complaints can only be brought against governments, the Committee observed the importance of having available to it the views of enterprises where complaints also concern them. The Committee approved the steps taken on a trial basis when it reviewed its procedure in March 2002 (see 327th Report, para. 26) which allowed the Office to specifically ask governments to request information from the employers’ organizations concerned so that it might also have the views of the enterprise in question. In addition, the Committee underlined the need to receive the most complete information from the complainants and suggested that the Office should specify, where appropriate, the further information needed. The Committee thought it might be helpful in this regard to produce an easy-to-use brochure or guidelines for ILO constituents so that all interested parties are informed of the most effective way of engaging in the Committee’s procedures.

16. The Committee also looked at the question of the use of available national mechanisms and procedures in relation to its own examination of complaints. In this regard, the Committee concluded that paragraphs 28–30 of its current procedures for the examination of complaints alleging violations of freedom of association provided it with the appropriate amount of flexibility and good judgement to be borne in mind in such cases. There were many different scenarios encountered in this regard and the Committee felt that it should continue to address such situations on a case-by-case basis. It considered that information on the use of national procedures would clearly assist it in its analysis. The Committee would be continuing its discussions on other aspects of its procedure, its visibility and its impact at its meeting in November 2010 and report back to the Governing Body accordingly.

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Anexo boletín de audio