The ILO cautions that restricting public service personnel’s right to strike violates two ILO conventions
For the first time, the International Labour Organization (ILO) has officially
commented on Japan's current system that restricts the basic labor rights
of public service personnel, clearly stating that the relevant laws and
practices are violating ILO conventions No. 87 (freedom of association
and protection of the right to organize) and 98 (the right to organize
and the right of collective bargaining), respectively. It adopted a recommendation
strongly urging the Japanese Government to revise the laws in compliance
with the ILO conventions with the premise that the Government conduct thorough,
frank, and meaningful discussions/consultations with all relevant parties.
Regarding the content of said consultations, the ILO specifically cited
six items including "the granting of rights of personnel working in
fire stations and prisons to establish an organization of their choice"
and "revision of the law to prevent public service personnel who justifiably
exercise their right to strike from being severely penalized under civil
or criminal laws."
At the time when Japan ratified Convention No. 87, a fact-finding survey
was conducted. Then, in 1965, a recommendation was issued, pointing out
that "indiscriminately prohibiting acts of dispute is problematic,
and its compensatory measures are insufficient." Later, Japan received
several reports from the ILO's Committee on Freedom of Association. However,
this is the first time that such an in-depth and detailed recommendation
has been released.
The recommendation constituted a strong tailwind for the labor union that
instituted the lawsuit. The Government, meanwhile, issued the following
comment: "The recommendation lacks understanding of Japan's actual
circumstances, and therefore cannot be accepted. The said recommendation
is only an interim report, so we hope that more circumspect investigations
be carried out from here on."
In other words, the ILO is recommending that international labor standards
be prioritized while the Japanese Government is demanding that considerations
be made for Japan's supposedly unique circumstances. Attention will now
focus on how the Japanese Government responds to these rigorous recommendations,
including how it will carry out the reform of the public service personnel
system which is currently under way.