Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 307, Junio 1997

1. 329. The Committee examined this case at its May 1996 meeting and presented an interim report to the Governing Body (see 304th Report, paras. 321-364, approved by the Governing Body at its 266th Session (May-June 1996)).
2. 330. The Government sent its observations and information on the case in a communication dated 21 March 1997.
3. 331. Guinea has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 332. At its May-June 1996 meeting, the Committee noted that this case concerned allegations of anti-union repression during a labour dispute in the teaching sector, including arrests and convictions, the transfer of a trade union member and the withholding of wages for having in strike action.
2. 333. It observed that the complainant's, the Trade Union of Workers of Guinea (USTG), and the Government's version of events tallied regarding some points but not on others. They both confirmed that collective bargaining took place on a sectoral basis in 1994 and 1995. However, the complainant considered that the failure correctly to apply regulations pertaining to teachers, delays in the payment of wages, the breakdown in national scientific research and, particularly, the rising cost of living, had forced it to demand adjustments to basic wages and the introduction of a minimum guaranteed inter-occupational wage (SMIG) - issues that had already been raised in April 1994 - in a memorandum that was sent to the Government on 1 November 1995. The USTG explained that on 27 November 1995 notice had been issued of a 72-hour general strike across the country from 18 to 20 December 1995, since all of the demands contained in the memorandum of 1 November had not been met. The complainant acknowledged that the other organization representating teachers, the FSPE, which is affiliated to the CNTG, had refused to go on strike. However, the General Secretary of the SLECG/USTG, Mr. Soumah, and Mr. Condé had been detained for 48 hours at the beginning of the strike. Several strikers had also been given a one-year suspended sentence. One trade union member had been transferred and the police had intervened to disperse the teachers and researchers gathered at a general assembly.
3. 334. The Government acknowledged that the USTG had sent a memorandum containing its demands on 1 November 1995. However, it had wanted the memorandum to be considered at a later date by the Advisory Committee on Labour and Social Legislation because the demands had been shelved during previous negotiations. The Government stressed that, after the strike notice was issued, the parties had agreed to open wage negotiations on 15 December 1995 which would cover the pay of all public officials, not just teachers, in accordance with the register of grievances submitted by the federations on 1 May 1995. However, in the meantime the SLECG, which is affiliated to the USTG, had refused to negotiate alongside the rival union. On 15 December, the Government had insisted that the prior mutual commitment to broader-based negotiations on pay for all public service workers to be attended by SLECG delegates be respected. The Government acknowledged that the strike received sporadic support from 18 December. It maintained that in several establishments, striking teachers used violence to undermine non-strikers' right to work. It regretted that, despite its requests, the SLECG had refused to take part in negotiations on 19 and 20 December. It stated that its negotiations with trade union federations on the Advisory Committee on Labour and Social Legislation had resumed on 21 December.
4. 335. In the light of the above, the Committee had adopted the following recommendations:
   • (a) Deeply regretting that Mr. Soumah, General Secretary of the SLECG, was under arrest throughout the strike, the Committee requests the Government to provide information on developments in his situation.
   • (b) Regretting the arrest, detention and conviction of striking trade union members in December 1995 and January 1996, the Committee requests the Government to send its observations on this aspect, along with the text of the sentences handed down on the six teachers by the court in Conakry on 29 December 1995, state why Mr. Mamadou Cellou Diallo, Mr. Mohamed Sankhou and the SLECG representative in Télimélé were arrested and provide information on their current situation.
   • (c) Recalling that the use of the police for strike-breaking purposes is an infringement of trade union rights and that the authorities should resort to the use of force only in situations where law and order is seriously threatened, the Committee requests the Government to arrange for an independent, impartial and in-depth inquiry in order to determine the nature of the police actions and find out who is responsible, and to keep it informed in this respect.
   • (d) Finally, with regard to the transfer of a trade union leader for having participated in a strike, the Committee requests the Government to establish whether the allegation is true and to take the necessary steps to ensure that the SLECG leader is reinstated in his post.

B. The Government's reply

1. 336. The Government states firstly that it notes the Committee's concern regarding developments in the situation of Mr. M'Bemba Soumah, General Secretary of the SLECG, and of the other trade union officials questioned for the purposes of the inquiry. It states however that the persons concerned were questioned on 18 December 1995 and temporarily released on 21 December 1995 and that the formalities to secure this release were such as to extinguish the public right of action initiated against them for the alleged actions.
2. 337. Regarding the situation of the six teachers, the Government specifies that they were each given a one-year suspended sentence, as evidenced in the terms of the judgement that the Government attaches to its reply. Seven teachers had been prosecuted for disturbing public order and for hindering freedom to work. One of them, Mr. Victor Kamano, was released. The others (Mr. Moriba Kandé, Mr. Mamadou Bano Diallo, Mr. Ibrahima Diallo, Mr. Sékou Fofana, Mr. Faya Traoré and Mr. Mamadou Sow) were given one-year suspended sentences for violation of the freedom to work by the justice of the peace of Conakry with competence in penal offences and cases of first instance, at a hearing in open court on 29 December 1995, after due hearing of the parties.
3. 338. As regards the transfer of Mr. Frantoma Bérété to Macenta, the Government states that he has now returned to work and is exercising his trade union activities normally in that prefecture. His presence in Macenta has even allowed him to win over that forest region and to strengthen the rank-and-file of his federation, being elected to the post of General Secretary of the SLECG.
4. 339. With respect to the questioning of Mr. Louis M'Bemba Soumah, Mr. Souleymane Condé, Mr. Mamadou Cellou Diallo, Mr. Mohamed Sankhou and other trade union officials, the Government states that the persons concerned were questioned for the purposes of the investigation by the criminal investigation service and that in this particular case this simple questioning did not exceed the statutory 72 hours, following which their temporary release was obtained, the case subsequently being closed without further action.
5. 340. In conclusion, the Government says it observes an on-going policy of dialogue and openness with all the social partners, respecting the identity of each organization, with the aim of promoting social justice, equality and loyalty. In order to safeguard freedom of association, it makes every effort to publicize and retain a human element in all administrative, police and security practices that could interfere with that freedom. It asks for the constructive support of all those entitled to these freedoms, in particular through respect for the principles upholding public order and the promotion of the freedoms established in the fundamental law.

C. The Committee's conclusions

1. 341. The Committee notes the information sent by the Government in reply to its recommendations. It observes in particular that Mr. Soumah, the General Secretary of the SLECG, and the other trade union officials questioned on 18 December 1995 were released on 21 December after 72 hours, that no charges were laid against them and that they have now been unconditionally released.
2. 342. The Committee recalls in this regard that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 77). It requests the Government in future not to detain trade unionists for questioning when they peacefully exercise their right to strike which is an essential means for workers and their organizations to promote and defend their economic and social interests.
3. 343. Regarding the one-year suspended sentences given to some of the teachers participating in the strike, the Committee notes from the decision handed down in this case that at a public hearing the justice of the peace of Conakry found them guilty of interference in freedom to work, after due hearing of the parties.
4. 344. The Committee recalls however in this regard that simply taking part in picketing and firmly but peacefully inciting other workers to keep away from their workplace cannot be considered unlawful. The case is different, however, when picketing is accompanied by violence or coercion of non-strikers in an attempt to interfere with their freedom to work; such acts constitute criminal offences in many countries (see Digest, op. cit., para. 586).
5. 345. The Committee regrets that the Government has not sent information on the independent and impartial inquiry it requested the Government to arrange in order to determine the nature of the police actions during its intervention to break up the strike in 1995. It again requests the Government to proceed with this inquiry and to keep it informed of the results.
6. 346. Lastly, with respect to the transfer of Mr. Frantoma Bérété, the Committee observes that the Government does not deny the fact, and notes with interest that according to the Government he has since been elected General Secretary of the SLECG in Macenta and that he has developed trade union action in that prefecture. Nevertheless, the Committee reiterates its previous conclusion that he should have the option of being reinstated in his previous post if he so desires.