25 May 1990

14th Plenary Meeting

1990/44. Infringements of trade union rights in South Africa

The Economic and Social Council,

Recalling its resolution 1989/82 of 24 May 1989, in which it requested the Secretary-General to persist in his efforts to ensure referral of the complaint made by the Congress of South African Trade Unions to the Fact-finding and Conciliation Commission on Freedom of Association of the International Labour Organisation,

Noting that the note verbale dated 1 May 1990 from the Permanent Representative of the Republic of South Africa to the United Nations addressed to the Secretary-General does not comply with the relevant provisions of Council resolution 1989/82,

Noting also the latest consultations between the Government of South Africa, the Congress of South African Trade Unions and the National Congress of Trade Unions on future proposed labour legislation,

Having examined the relevant section of the report of the Ad Hoc Working Group of Experts on southern Africa of the Commission on Human Rights,

Gravely concerned about the deteriorating and dehumanizing conditions of black workers brought about by the drastic restrictions on their exercise of trade union rights imposed by the Government of South Africa as a result of the Labour Relations Amendment Act, about the abuse of farm workers and the exploitation of child labour in rural areas, as well as about intervention in industrial disputes, including arrests, banning and harassment of trade unionists,

Aware of the ever-growing importance of the independent black trade union movement in the struggle against apartheid,

1. Takes note of the note by the Secretary-General submitted pursuant to Council resolution 1989/82, circulating the note verbale dated 1 May 1990 from the Permanent Representative of the Republic of South Africa to the United Nations addressed to the Secretary-General;

2. Also takes note of the relevant section of the report of the Ad Hoc Working Group of Experts on southern Africa of the Commission on Human Rights;

3. Expresses its concern about the failure of the Government of South Africa to comply with the provisions of Council resolution 1989/82, notwithstanding the limited steps taken so far, as reflected in the note verbale dated 14 May 1990 from the Permanent Representative of the Republic of South Africa to the United Nations addressed to the Secretary-General;

4. Demands the implementation of the provisions of Council resolution 1989/82 by the Government of South Africa;

5. Requests the Secretary-General to persist in his efforts to ensure the implementation of paragraph 9 of Council resolution 1989/82;

6. Requests the Ad Hoc Working Group of Experts on southern Africa of the Commission on Human Rights to continue to study the situation and to report thereon to the Commission on Human Rights and the Economic and Social Council;

7. Requests the Ad Hoc Working Group of Experts, in discharging its mandate, to consult with the International Labour Organisation and the Special Committee against Apartheid, as well as with international and African trade union confederations;

8. Demands once again the abolition of legislation which impedes the exercise of trade union rights in contravention of international labour standards, the immediate unconditional release of all trade unionists imprisoned for exercising their legitimate trade union rights and the cessation of the persecution of trade unionists and repression of the independent black trade union movement;

9. Further requests the Secretary-General to submit to the Council, at its first regular session of 1991, for consideration and action, as appropriate, a report on the implementation of the present resolution.