31 May 1991

13th plenary meeting

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,

Recalling also its resolution 1990/44 of 25 May 1990,

Taking note of the note by the Secretary-General on allegations regarding infringements of trade union rights,

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,

Noting the evolving situation in South Africa,

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, containing the note verbale dated 27 February 1991 from the Permanent Representative of South Africa to the United Nations addressed to the Secretary-General;

2. Expresses its appreciation to the Secretary-General for persisting in his efforts to ensure the implementation of paragraph 9 of Council resolution 1989/82;

3. Regrets that the apartheid regime in South Africa has placed some conditions on its decision to agree that the allegations made by the Congress of South African Trade Unions should be referred to the Fact-finding and Conciliation Commission on Freedom of Association of the International Labour Organisation, and invites it to cooperate fully in the matter;

4. Decides to transmit to the Fact-finding and Conciliation Commission on Freedom of Association, through the Governing Body of the International Labour Office, the allegations of infringement of trade union rights made by the Congress of South African Trade Unions in May 1988;

5. Demands once again the unimpeded exercise of trade union rights, 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;

6. 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;

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

8. Also requests the Ad Hoc Working Group of Experts on southern Africa, 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;

9. Requests the Secretary-General to submit to the Council, at its regular session of 1992, for consideration and action, as appropriate, a report on the implementation of the present resolution.