Informe provisional - Informe núm. 289, Junio 1993

1. 1. The Committee on Freedom of Association, set up by the Governing Body at its 117th Session (November 1951), met at the International Labour Office, Geneva, on 20, 21 and 25 May 1993 under the chairmanship of Mr. Jean-Jacques Oeschlin, former Chairman of the Governing Body.
2. 2. The Committee had before it, on the one hand, a complaint of infringements of trade union rights in the Côte d'Ivoire presented by the World Confederation of Labour (WCL) and, on the other, a complaint concerning the observance by the Côte d'Ivoire of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), made by a number of Worker delegates to the 79th (1992) Session of the International Labour Conference under article 26 of the Constitution of the ILO.
3. 3. At its 254th Session (November 1992) the Governing Body adopted the interim conclusions submitted to it by the Committee in its 285th Report, and requested the Government to transmit detailed information on all the points mentioned in the recommendations.
4. 4. The Government has transmitted new observations and the Committee submits for the approval of the Governing Body a further report on this case. The Committee recommends the Governing Body to examine this report at its 256th Session.
5. 5. The Committee has already examined this case twice (see 279th and 285th Reports, paras. 717-739 and 4-61, approved by the Governing Body at its 251st and 254th Sessions (November 1991 and November 1992)) and presented interim conclusions.
6. 6. In a letter of 19 February 1993 the World Confederation of Labour (WCL) submitted new allegations. In a communication dated 22 February 1993, the Government sent new observations.
7. 7. Côte d'Ivoire has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 8. The questions pending at the November 1992 Session of the Committee were the following:
   • - the precise reasons for the arrest and detention of the following persons: Mr. Marcel Ette, Mr. Francis Wodie, Mr. Emile Boga, Dr. Richard Kodjo, Dr. Assoua Adou, and the 29 trade union activists of the "Dignité" federation who were arrested on 2 April 1990, and Messrs. Ourega Ballie Ambroise and Gahuidis Gbogro;
   • - the precise reasons for the transfer to the interior of the country of three teachers, Messrs. Aké, Gouali and Zouzoua and why Mr. Aké was suspended from his duties and had his salary withheld (according to the allegations this was due to their membership of "Dignité");
   • - the large number of dismissals of trade union leaders and members (according to the allegations, this was because of their trade union activities);
   • - the alleged acts of interference and of threats by the authorities against "Dignité" and in particular against its first-level affiliated trade unions;
   • - the collection of trade union dues;
   • - the content of the circular from the Ministry of Foreign Affairs aimed at exercising control over the financial management of trade unions;
   • - the measures taken by the Government to ensure full protection of the rights guaranteed by the ILO Conventions on freedom of association which the Government has ratified.
2. 9. At its session in November 1992, the Governing Body approved the following recommendations (see 285th Report, para. 61):
   • (a) The Committee notes with interest that "Dignité" has now been officially recognized by the Côte d'Ivoire authorities as a trade union federation. It recalls, however, that any delay caused by the authorities in registering a trade union constitutes an infringement of Article 2 of Convention No. 87 according to which all workers, without distinction whatsoever, have the right to establish and join organizations of their own choosing without previous authorization.
   • (b) The Committee once again requests the Government to inform it of the precise reasons for the arrest and detention of the following persons: Mr. Marcel Ette, Mr. Francis Wodie, Mr. Emile Boga, Dr. Richard Kodjo, Dr. Assoua Adou, and the 29 trade union activitists of the "Dignité" federation who were arrested on 2 April 1990, and Messrs. Ourega Ballie Ambroise and Gahuidis Gbogro.
   • (c) The Committee once again invites the Government to state the precise reasons for the transfer to the interior of the country of the three teachers mentioned in the complaint. In particular it requests the Government to take the necessary measures to clarify the reasons why Mr. Aké was suspended from his duties and had his salary stopped, and to restore him to his former situation if it is found that he was penalized because of his membership of "Dignité".
   • (d) As regards the allegations concerning a large number of dismissals of trade union leaders and members by reason of their trade union activities, the Committee requests the Government to undertake an inquiry with a view to determining the real reasons for the measures taken against the persons cited by the complainant confederation and, if the inquiry reveals that these reasons were of an anti-union nature, to take the necessary measures to have the persons concerned reinstated in their jobs.
   • (e) The Committee requests the Government to take the necessary measures to establish whether the "Dignité" federation, and, in particular at the local level, its first-level affiliated trade unions, are in fact the subject of acts of interference and of threats by the authorities and, if so, to take the necessary measures to put an end to such acts and to prevent their recurrence.
   • (f) As regards the elections of employees' delegates, the Committee considers that the Government should ensure that all recognized trade union organizations, including "Dignité", are able to present candidates for elections of staff delegates in all enterprises where there is a first-level trade union; this should apply from the first ballot. As regards the collection of trade union dues, the Committee considers that the Government and the social partners should examine what consequences are to be drawn from the new situation of trade union plurality prevailing in the country so that the various unions are dealt with on an equal basis. As regards allegations of acts of interference by employers in trade union activities, the Committee recalls the terms of Article 2 of Convention No. 98 according to which workers' and employers' organizations shall enjoy adequate protection against any acts of interference from each other.
   • (g) As regards the circular from the Ministry of Foreign Affairs aimed at exercising control over the financial management of trade unions, the Committee requests the Government to clarify the contents of the circular in question so as to guarantee that trade unions have the right to organize their administration in full freedom in accordance with Article 3 of Convention No. 87.
   • (h) Observing that the situation of the "Dignité" federation and of its first-level affiliated trade unions raises problems in connection with several fundamental principles of freedom of association, the Committee requests the Government to take concrete measures as early as possible to ensure full protection of the rights guaranteed by the Conventions on freedom of association which the Government has ratified.
   • (i) The Committee urges the Government to supply detailed information on all the above points.
   • (j) The Committee proposes to examine the question concerning the setting up of a Commission of Inquiry during its next examination of the case, in the light of observations which the Government has been asked to send to it.

B. New allegations by the complainant

1. 10. In its letter of 19 February 1993, the World Confederation of Labour (WCL) states that, on the occasion of the trade union elections ("élections sociales") held in Côte d'Ivoire at the beginning of the year, the "Dignité" federation gained spectacular victories in the great majority of enterprises but that the Government is nevertheless trying through corrupt practices to impose "single-ticket" elections of the General Union of Workers of Côte d'Ivoire (UGTCI) with a view to the elections in major enterprises and, inter alia, in the autonomous port of Abidjan. According to the WCL, the same applies to a number of other large enterprises including Nestlé, Sotra and Bassam and it concludes that this constitutes a further violation of freedom of association.

C. New reply from the Government

1. 11. In its reply of 22 February 1993 the Government reiterates previous observations already examined by the Committee (see 279th Report, paras. 726-732 and 285th Report, paras. 30-35). These relate to the national legal framework applicable to trade unions, the dismissal of trade union leaders and members of "Dignité", the recognition of that federation, the transfer to the country's interior of teachers, namely Messrs. Gouali, Zouzoua and Aké, and the latter's being suspended from his duties and having his salary withheld, and the collection of trade union dues.
2. 12. As regards the arrests of Messrs. Marcel Ette, General Secretary of the National Trade Union of Teachers in Research and Higher Education (SYNARES), Francis Wodie, Emile Boga, Richard Kodjo, General Secretary of the Union of Senior Health Care Staff (SYNACASSCI), Assoua Adou and 29 "Dignité" militants in March and April 1990, the Government states that they must be seen in the context of the social crisis which shook the country at that time.
3. 13. The Government explains that, in order to redress the persistent economic crisis, it had recommended a plan to stabilize and boost the economy; this involved a reduction by 15 to 40 per cent of state officials' salaries and an 11 per cent contribution to be withheld from private sector salaries. These measures aroused trade union discontent beginning with a student strike in an Abidjan university campus. Faced with the extent of unrest in schools and universities, and with a view to guaranteeing individual safety and preventing disorder, the Government decided to suspend the holding of meetings on the university campus and to prohibit public demonstrations. The Government goes on to state that when the schools and universities in question (which in the meantime had been closed) were to reopen (2 April 1990), SYNARES decided to organize a general strike on 26 March 1990 coupled with a protest march to express sympathy for the students. This was done with "Dignité" support and that of other autonomous organizations, and SYNACASSCI held a strike by doctors on 27 March 1990 to lend support to teachers and research workers.
4. 14. The Government explains that this agitation which was supposedly based on trade union concerns degenerated into a veritable political movement directed against the austerity plan and spread to several cities in the interior of the country. The Government declares that, by their action, the trade unions infringed sections 3 and 188 of the Labour Code which forbid them respectively to engage in political activities and to hold strikes without following regular legal procedures.
5. 15. The Government states that, faced with such a social and political crisis, it took urgent measures to reduce tension and guarantee the population's security. Hence, 126 persons, including those listed in the allegations, were held for questioning, sent to the Akouédou military camp and released a few days later. It states that it merely took the necessary measures whilst respecting Convention No. 87.
6. 16. As regards the circular from the Ministry of Foreign Affairs dated 18 May 1992 (of which the Government has supplied a copy), sent to all the accredited diplomatic missions in Côte d'Ivoire, stipulating that any application for the financing of projects submitted to them by various Côte d'Ivoire groups or associations, including trade unions and political parties, must first be approved by the local administrative authorities, the Government states that this merely constitutes a reminder of procedures applicable to requests for financing when they are addressed to diplomatic missions accredited to Côte d'Ivoire. These procedures have been in force for many years and are extended to any application for funding submitted by groups, associations, trade unions or political parties; they were established in agreement with diplomatic missions, and were designed to ensure nationwide coordination of financing by embassies of friendly countries in the context of cooperation.
7. 17. It also places on record the fact that it is concerned to coordinate financial resources from foreign aid to ensure more rational management of such funding to assist the nation's social and economic agents. Therefore, by issuing this circular recalling the procedures in force, the State was not seeking to restrict trade unions' freedom of management but rather to enhance their credibility in the eyes of donors. Moreover, adds the Government, the trade unions' right to freedom of financial management is laid down in sections 17 and 18 of the Labour Code.
8. 18. More generally, the Government points out that over 150 occupational trade unions are recognized (42 in the public sector and 108 in the private sector), and that several other trade unions are emerging by following the same legal procedures as required of "Dignité".

D. The Committee's conclusions

1. 19. First of all the Committee must regret that the Government, in the main, merely repeats the information and observations which it had provided previously. However, it notes with interest that, according to the Government more than 150 occupational trade unions have been recognized (42 in the public sector and 108 in the private sector), and that several other trade unions are emerging by following the same legal procedures as required of "Dignité". The Committee calls upon the Government to indicate whether at the local level, first-level trade unions which have just been established have actually been recognized by the authorities and whether they can actually carry out their activities without hindrance.
2. 20. As regards the arrests of Messrs. Marcel Ette, Francis Wodie, Emile Boga, Richard Kodjo, Assoua Adou, and 29 "Dignité" militants in March and April 1990, the Committee notes that the Government explains that these individuals were arrested during unrest arising out of trade union discontent over an austerity plan advocated by the Government; such discontent took on the form of trade union action and demonstrations of a purely political nature and conducted in violation of the law. In order to reduce tension and guarantee the security of the population, 126 persons, including those listed in the allegations, were held for questioning, detained in a military camp and released a few days later.
3. 21. Under such conditions, the Committee recalls that, apart from being incompatible with the principles of freedom of association, a general prohibition on trade unions from engaging in any political activities would be unrealistic in practice; trade union organizations may wish, for example, to express publicly their opinion regarding the Government's economic and social policy (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 356). The Committee also emphasizes that the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association (Digest, para. 88), and requests the Government not to resort to arresting trade unionists for activities relating to the defence of workers' interests.
4. 22. As regards the measures applied to the teachers, Messrs. Aké, Gouali and Zouzoua, the Committee regrets that the Government only reiterates its earlier reply that these persons were not suspended from their duties and assigned to the interior of the country for their affiliation to a trade union but rather for disciplinary reasons (absence from work) in accordance with Law No. 64-488 of 21 December 1964 respecting the General Regulations of the Public Service. The Committee expresses its regret that the Government has not supplied any new information and must recall that no one should be subjected to discrimination in employment by reason of trade union membership or activities. It asks once again the Government to provide more information on any measures taken to lift the sanctions which were allegedly imposed upon trade unionists by reason of their legitimate trade union activities.
5. 23. In respect of the allegations concerning a large number of dismissals of trade union leaders and other members cited by the complainant organization (see 285th Report, para. 50), the Committee also regrets that the Government has not given any new reply. It recalls the importance it attaches to the application of Article 1 of Convention No. 98 according to which workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. The Committee cannot but reiterate its earlier request that the Government hold an inquiry in order to ascertain the reasons for which these trade union members were dismissed and to take effective measures to ensure the reinstatement in their posts of all trade union activists and leaders dismissed for their union activities with the "Dignité" federation; it requests the Government to keep it informed of any development in this respect. The Committee recalls that the Government should give priority to enhancing procedures and machinery designed to ensure better protection of trade union rights for all workers' organizations and their members. The existence of legal provisions forbidding acts of anti-union discrimination or interference on the part of the authorities, or by organizations of workers and employers in each other's affairs, is insufficient if they are not accompanied by efficient procedures to ensure their implementation in practice.
6. 24. As regards recovery of the union dues which, according to the complainants, several employers were deducting at the source and paying to the UGTCI, despite letters from workers informing management and heads of personnel that they had left that trade union, the Committee notes that no new reply has been supplied. The Committee cannot but recall that, in keeping with the principles of freedom of association, it should be possible for collective agreements to provide for a system for the collection of union dues, without the interference of authorities. It requests the Government to supply information on the measures taken to ensure that union dues are repaid to the trade union organizations actually chosen by workers.
7. 25. Regarding the circular from the Ministry of Foreign Affairs dated 18 May 1992, the Committee notes that, according to the Government, this merely constitutes a reminder of the procedures in force as regards applications for financing submitted to the accredited diplomatic missions in Côte d'Ivoire, procedures designed to ensure nationwide coordination of financing undertaken by embassies of friendly countries in the context of cooperation and to ensure more rational management of such funding to assist the nation's social and economic agents. It also notes that the Government declares that, by issuing this circular recalling the procedures in force, the State is not seeking to restrict trade unions' freedom of management but rather to enhance their credibility in the eyes of donors, and that the trade unions' right to freedom of financial management is laid down in sections 17 and 18 of the Labour Code.
8. 26. Whilst taking note of this information, the Committee recalls that it has stated on many an occasion that legislation prohibiting the acceptance by a national trade union of financial assistance from an international organization of workers to which it is affiliated brings into question the principles concerning the right to affiliate with international organizations of workers (Digest, para. 527). In this particular case the Committee observes that the circular does not expressly prohibit the receipt of funds from international trade union organizations but that it obliges organizations, including trade unions, to obtain prior authorization in order to benefit from international financial assistance. It requests the Government to amend this circular by removing trade unions from the list of organizations required to obtain prior authorization in order to receive assistance for their trade union activities.
9. 27. Concerning the new allegations that, on the occasion of the trade union elections ("élections sociales") held in Côte d'Ivoire at the beginning of the year, the "Dignité" federation gained spectacular victories in the great majority of enterprises but that the Government is nevertheless trying through corrupt practices to impose "single-ticket" elections of the General Union of Workers of Côte d'Ivoire (UGTCI) concerning elections in major enterprises and, inter alia, in the autonomous port of Abidjan and in the Nestlé, Sotra and Bassam companies, the Committee notes that the Government has not yet replied. It reminds the Government that freedom of association implies the right of workers and employers to elect their representatives in full freedom without intervention on the part of the authorities (Digest, para. 293). It also recalls that attitudes in favour of or discriminating against one or more trade union organizations are a way of influencing the trade union membership of workers (Digest, paras. 252 and 254). In the Committee's opinion, such discrimination endangers the right of workers to belong to the trade union of their choice. It requests the Government to adopt the necessary measures to ensure that all recognized trade union organizations, and in particular "Dignité", may freely present candidates for election as staff delegates in all enterprises where a first-level union exists, right from the first ballot.
10. 28. The Committee urges the Government to submit as soon as possible detailed replies to the different aspects of this complaint on which it has not replied yet. In the light of the factual and legal information at its disposal, the Committee will then re-examine the advisability of taking further action on the complaint presented under article 26 of the ILO Constitution by establishing a Commission of Inquiry.