Informe provisional - Informe núm. 367, Marzo 2013

1. 784. The complaint is contained in a communication dated 27 December 2011 from the International Trade Union Confederation (ITUC).
2. 785. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case twice. At its November 2012 meeting [see 365th Report, para. 5], the Committee made an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next meeting, even if the requested information or observations had not been received in time. To date, the Government has not sent any information.
3. 786. 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. The complainant’s allegations

1. 787. In its communication dated 27 December 2011, ITUC indicates that the National Confederation of Workers of Guinea (CNTG), an affiliated organization, held its 16th Congress on 24 September 2011. At the end of this congress, which was attended by 98 out of 113 delegates, thereby achieving the quorum needed for voting, a team was elected under the leadership of Mr Ahmadou Diallo. Observers from international trade union circles (the Organization of African Trade Union Unity, the General Confederation of Labour of France, the Confederation of Christian Trade Unions of Belgium) and also two authorized representatives of the Ministry of Labour were present at the congress. All the aforementioned persons confirmed that the congress was conducted properly.
2. 788. The complainant indicates that, despite the fact that the CNTG paid 2 million Guinean francs (GNF) to have the congress televised, the national television channel (RTG) refused to broadcast the pictures. The CNTG lodged an appeal with the National Council for Communications but the latter took no action.
3. 789. The results of the congress were contested by a group of dissidents which convened its own congress two days later (26 September) at the Congress Centre. Despite the fact that the latter congress was not attended by the majority of CNTG delegates, with eyewitness reports of the participation of persons who were not accredited representatives of the primary-level member unions of the confederation, this congress was broadcast by the national television channel.
4. 790. The complainant indicates that a mission from ITUC and ITUC-Africa was in Guinea from 5 to 7 October 2011 with a view to helping to find a positive outcome to this CNTG internal dispute. The mission was received by the Head of State and by the Minister of Labour. The mediation efforts of the international trade union delegation were unsuccessful but the mission made the following observations:
   • – the congress of 26 September was held outside the legal deadline indicated in the organization’s statutes, and the delegates were not appointed according to the procedures laid down in the statutes and regulations of the organization;
   • – consequently, only the congress held by the CNTG on 24 September complies with the provisions of the statutes and the law and only the executive committee elected on this date is to be recognized as legitimate.
5. 791. On 8 October 2011, the private residence of Mr Ahmadou Diallo was attacked by armed individuals. The CNTG general secretary fled but was seriously injured by fragments of glass. The violence of this attack, planned on the day following the departure of the international trade union mission, shows clearly that it was an attempt on the life of Mr Diallo. Moreover, on 17 October 2011, the CNTG headquarters was attacked and occupied by armed assailants who seriously injured seven people and caused major damage to the property (broken doors and windows). The complainant denounces the fact that CNTG representatives had alerted the authorities beforehand but the latter took no preventive measures. The police only intervened at the end of the attack and did not arrest any of the assailants. A complaint was lodged against persons unknown for the attempted murder of the CNTG general secretary, and the organization filed a complaint with a list of names of persons who were identified at the time of the attack on the headquarters. According to the complainant, a number of elements point to a link between the challenge to the results of the 16th Congress of the CNTG and these serious acts of violence.
6. 792. The complainant indicates that in October 2011 the governor of the city of Conakry asked the CNTG leaders to return the keys of the Labour Exchange. The latter refused in writing to return the keys of their headquarters. ITUC also contacted the Guinean authorities, reminding them that such a request would constitute interference in trade union affairs.
7. 793. Moreover, the group of dissidents filed a request with the labour tribunal calling for the invalidation of the 16th Congress of the CNTG, the recognition of their own congress held on 26 September 2011, and the closure of the Labour Exchange. The CNTG denounced the lack of competence of the tribunal in question under several sections of the Labour Act. However, the tribunal unexpectedly held a hearing and issued a judgment on 16 December 2011. In its judgment, the labour tribunal considered that there were irregularities in the elections at both congresses and invalidated their results. This decision paralysed the operation of the CNTG.
8. 794. One of the CNTG bank accounts was blocked and some of the union members faced obstacles when they tried to reinstate the results of the 16th Congress, vis-à-vis the membership. Furthermore, during tripartite negotiations concerning the purchasing power of the workers, a dissident representative of the CNTG statutory congress was reportedly admitted by the authorities as a technical adviser.
9. 795. All the Guinean trade union organizations (USTG, ONSLG, UDTG, CGSL, CGTG, UGTG and IFOG) support the CNTG. In Declaration No. 3 of 19 December 2011, the latter condemn the decision of the labour tribunal and denounce attempts to destabilize the Guinean trade union movement.
10. 796. ITUC condemns the failure by the Government of Guinea to respect the principles established in Conventions Nos 87 and 98 as a result of judicial decisions and various administrative measures which flout the decisions taken democratically by the CNTG delegates. The acts of violence that occurred and the impunity prevailing in these cases reflect a climate of hostility towards the exercise of freedom of association in Guinea.

B. The Committee’s conclusions

1. 797. The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the complainant’s allegations, even though it has been requested several times, including through an urgent appeal, to present its comments and observations on this case. The Committee urges the Government to be more cooperative in the future.
2. 798. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1971)], the Committee is obliged to present a report on the substance of the case without being able to take account of the information which it had hoped to receive from the Government.
3. 799. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure respect for trade union rights in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, para. 31].
4. 800. The Committee notes that the present case is concerned with obstacles to the activities of the CNTG, in particular the invalidation of the elections held at its 16th Congress and the freezing of one of its bank accounts, the attempted murder of its general secretary, and the attack on its headquarters.
5. 801. The Committee notes that, in its complaint dated 27 December 2011, ITUC indicates that an affiliated organization, the CNTG, held its 16th Congress on 24 September 2011. At the end of its congress, which was attended by 98 out of 113 delegates, thereby achieving the quorum needed for voting, an executive committee was elected under the leadership of the general secretary, Mr Ahmadou Diallo. The Committee notes the indication that observers from regional and national trade union organizations (the Organization of African Trade Union Unity, the General Confederation of Labour of France, the Confederation of Christian Trade Unions of Belgium) and also two authorized representatives of the Ministry of Labour were present at the congress. According to ITUC, all the aforementioned persons confirmed that the congress was conducted properly.
6. 802. The Committee notes the statement that, despite the fact that the CNTG paid GNF2 million to have the congress televised, the national television channel (RTG) refused to broadcast the pictures. The CNTG lodged an appeal with the National Council for Communications but the latter reportedly took no action.
7. 803. The Committee notes that the results of the congress were contested by a group of dissidents which convened its own congress two days later (26 September 2011) at the Congress Centre. It notes the complainant’s claim that, despite the fact that the latter congress was only attended by persons who were not accredited representatives of the primary-level member unions of the CNTG, it was broadcast by the national television channel.
8. 804. The Committee notes that a mission from ITUC and ITUC-Africa was in Guinea from 5 to 7 October 2011 with a view to helping to find a positive outcome to this CNTG internal dispute. The mission was received by the Head of State and also by the Minister of Labour. According to the complainant, the mission was unsuccessful in its mediation efforts but it made the following objective observations:
   • – the congress of 26 September was held outside the legal deadline indicated in the organization’s statutes, and the delegates were not appointed according to the procedures laid down in the statutes and regulations of the organization;
   • – consequently, only the congress held by the CNTG on 24 September complies with the provisions of the statutes and the law and only the executive committee elected on this date is to be recognized as legitimate.
9. 805. The Committee notes with deep concern that, on 8 October 2011, the private residence of Mr Ahmadou Diallo, the general secretary of the CNTG, was the victim of an attack by armed individuals. It notes the indication that Mr Diallo fled but was seriously injured by glass fragments. According to the ITUC, the violence of this attack, which was planned on the day following the departure of the international trade union mission, shows clearly that it was an attempt on the life of Mr Diallo. The Committee further notes with deep concern that, on 17 October 2011, the CNTG headquarters were attacked by armed assailants who seriously injured seven people and caused major damage to the property (broken doors and windows). According to the complainant, the CNTG representatives had alerted the authorities beforehand but the latter took no preventive measures. The police supposedly only intervened at the end of the attack and did not arrest any of the assailants The Committee notes the indication that a complaint was lodged against persons unknown for the attempted murder of the CNTG general secretary and the organization filed a complaint with a list of names of persons who were identified at the time of the attack on the headquarters. According to the complainant, a number of elements point to a link between the challenge to the results of the 16th Congress of the CNTG and these serious acts of violence.
10. 806. The Committee wishes to recall strongly that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected. Attacks against trade unionists and trade union premises and property constitute serious interference with trade union rights. Criminal activities of this nature create a climate of fear which is extremely prejudicial to the exercise of trade union activities [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 44 and 59]. The Committee therefore considers that attacks on union officials and members – regardless of whether or not they resulted in serious injuries – require the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and to determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events. The Committee urges the Government to indicate the results of any inquiry conducted further to the complaint against persons unknown for the attempted murder of the CNTG general secretary, Mr Ahmadou Diallo, and to indicate the outcome of the complaint lodged following the attack on the CNTG headquarters.
11. 807. The Committee notes the indication that, in October 2011, the governor of the city of Conakry asked the CNTG leaders to return the keys of the Labour Exchange but the latter refused to return the keys of their headquarters. It notes that, at the same time, ITUC contacted the Guinean authorities with regard to this matter. The Committee recalls that the inviolability of trade union premises and property is a civil liberty which is essential to the exercise of trade union rights, and the access of trade union members to their union premises should not be restricted by the state authorities [see Digest, op. cit., paras 178 and 192]. The Committee requests the Government to ensure the strict observance of these principles.
12. 808. The Committee notes that the group of dissidents contesting the outcome of the congress elections filed a request with the labour tribunal calling for the invalidation of the statutory congress of the CNTG, the recognition of their own congress held on 26 September 2011 and the closure of the Labour Exchange. The Committee notes that, despite the fact that the CNTG denounced the lack of competence of the tribunal in question under sections 276 and 376 of the Labour Act, the tribunal in question found, in a judgment dated 16 December 2011, that there were irregularities in the elections at both congresses and invalidated their results (a copy of the judgment is attached to the complaint). The complainant claims that this decision paralysed the operation of the CNTG.
13. 809. The Committee has seen fit to recall on many occasions that internal disputes in a trade union organization do not come within its competence and should be resolved by the persons concerned (for example, by a vote), by appointing an independent mediator with the agreement of the parties concerned, or by intervention of the judicial authorities [see Digest, op. cit., para. 1122]. The Committee observes that, in the case in question, the dispute within the CNTG was settled by the labour tribunal of Conakry. The Committee noted the tribunal’s judgment, and especially the grounds adduced relating to its competence which was challenged by the respondent party under sections 276 and 376 of the Labour Act. The Committee observes that section 376 of the Act establishes the competence of labour tribunals exclusively for legal disputes concerning the representativeness of workers’ organizations and employers’ unions, the elections of trade union delegates, and collective labour disputes. The Committee urges the Government to send information on any judicial or other action taken to follow up on the decision of the labour tribunal concerning the dispute within the CNTG.
14. 810. The Committee notes with concern the indications that, in October 2011, the governor of the city of Conakry asked the CNTG leaders to return the keys of the Labour Exchange and that one of the CNTG bank accounts was blocked. It further notes with concern that, according to ITUC, some CNTG members faced obstacles when they tried to reinstate the results of the 16th Congress, vis-à-vis the membership. Moreover, during tripartite negotiations concerning the purchasing power of the workers, a dissident representative of the statutory congress of the CNTG was reportedly admitted by the authorities as a technical adviser. The Committee also notes the complainant’s indication that the pictures of the congress held by the dissident group on 26 September 2011 were broadcast by the national television channel, whereas the same channel refused to broadcast the pictures of the statutory congress held on 24 September 2011. The Committee recalls that, in the case of internal dissention within one and the same trade union federation, by virtue of Article 3 of Convention No. 87, the only obligation of the Government is to refrain from any interference which would restrict the right of the workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes, and to refrain from any interference which would impede the lawful exercise of that right [see Digest, op. cit., para. 1117]. The Committee considers that if the facts alleged above were proven, this would constitute an attitude of favouritism on the part of the authorities towards one faction of the CNTG to the detriment of the other. It expects that the Government will maintain an attitude of complete neutrality in future with regard to internal disputes within a trade union organization until such time as they are settled through mediation or by the competent judicial authority.
15. 811. The Committee notes that all the Guinean trade union organizations (USTG, ONSLG, UDTG, CGSL, CGTG, UGTG and IFOG) support the CNTG and that the latter adopted declaration No. 3 on 19 December 2011 (also attached to the complaint) denouncing the judgment of the labour tribunal and the destabilization of the national trade union movement. The Committee notes that the complainant denounces the judicial decisions and the administrative measures which flout the decisions taken democratically by the CNTG delegates. In the view of ITUC, the acts of violence that occurred and the impunity prevailing in these cases reflect a climate of hostility towards the exercise of freedom of association in Guinea.
16. 812. The Committee observes that the executive committee elected by the statutory congress on 24 September 2011, under the leadership of the general secretary, Mr Ahmadou Diallo, was recently recognized by the Head of State as the legitimate representative body of the CNTG. The Committee expects that the CNTG, under the leadership of this executive committee, will be able to fully exercise its trade union activities without any hindrance or interference from the authorities until such time as the internal dispute is settled by the interested parties through mediation or by the competent judicial authority.