Report in which the committee requests to be kept informed of development - REPORT_NO302, March 1996

CASE_NUMBER 1846 (Côte d'Ivoire) - COMPLAINT_DATE: 18-AUG-95 - Closed

Allegations: Arrests and death of trade unionists

1. 256. The complaint in this case is contained in a communication from the World Confederation of Labour (WCL), dated 18 August 1995. The Government sent its observations in a communication dated 11 October 1995.
2. 257. 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. The complainant's allegations

1. 258. In its communication of 18 August 1995, the World Confederation of Labour (WCL) alleges that after the events which occurred in Ihro Lamé in January 1995 (it should be recalled that under another complaint submitted against the Côte d'Ivoire, Case No. 1594, allegations concerning the presence of the police in Ihro Lamé and various acts of violence were examined; see 300th Report of the Committee, paras. 14-17) trade unionists belonging to the Confederation of Free Trade Unions of Côte d'Ivoire "Dignité", Brahima Dabré, Diébré Boukary, Dabone Hassane, Denemou Augustin, Karim Sawadogo and Kagambega Philippe were arrested and imprisoned in "La Maca" (prison of Abidjan). In addition, the complainant organization states that Brahima Dabré died in prison on 8 July 1995 because he had been denied medical assistance and that at the time of his death he was detained in a wing reserved for murderers and other perpetrators of serious crimes. The complainant organization adds that Dabone Hassane and Diébré Boukary are seriously ill and might die if measures are not taken to improve their state of health (according to information in the hands of the Committee, Diébré Boukary died in prison on 8 July 1995 because he had not been treated in hospital). Furthermore, the complainant organization alleges that the decapitated body of Zahorio Kohi, a member of "Dignité", was discovered in the Ihro Lamé plantations.
2. 259. Finally, the complainant organization refers to the allegations of dismissals of strikers which have already been examined by the Committee under the complaint mentioned in the previous paragraph - see paras. 14-17 of the 300th Report, Case No. 1594 - and that it is awaiting the information requested from the Government.

B. The Government's reply

1. 260. In its communication of 11 October 1995, the Government states that after the events which occurred on 17 January 1995 (the Government encloses a report drawn up by the National Gendarmerie on acts of violence perpetrated against individuals and property, as well as infringements of the freedom to work, carried out by the strikers during the strike and collective dispute in Ihro Lamé), a certain number of demonstrators recognized by their victims have been arrested. The Government adds that amongst those arrested was Diébré Boukary, whose arrest was justified because during the acts of violence committed in January 1995 (more specifically in a demonstration in which there were 43 wounded) he was in possession of a machete; indeed, this was confiscated as evidence to be submitted before the Abidjan Court (in the report of the National Gendarmerie enclosed by the Government, three workers accuse him of inflicting injuries and setting fire to a building).
2. 261. The Government adds that Brahima Dabré, Dabone Hassane, Denemou Augustin, Karim Sawadogo and Kagambega Philippe have never worked in the enterprise, that they are vandals and took part in the attack against the workers at the request of "Dignité" and that they were arrested because they are delinquents (in the above-mentioned report of the National Gendarmerie enclosed by the Government, three workers accused Brahima Dabré and Kagambega Philippe of having inflicted blows and Dabone Hassane of having injured the toe of somebody with a stone). The Government states that Brahima Dabré acknowledged in a written statement drawn up at the National Gendarmerie that he had never worked for the Oleaginous Oils Research Institute. Similarly, it should be pointed out that in the Gendarmerie's report it is noted that Dabone Hassane denied having taken part in the acts of violence and injuring the worker who accused him; Brahima Dabré also denied having taken part in the violence and said that he had been accused because somebody bore a grudge against him; and Diébré Boukary stated that he had not injured anyone. It is not noted whether Kagambega Philippe made a statement.
3. 262. Concerning the death of Zahorio Kohi in the Ihro Lamé plantation, the Government states that he did not work in IDEFOR or in any other place and it is worth raising the question of why he was campaigning for "Dignité" and whether his death was not being used as a pretext of violation of freedom of association. Finally, the Government encloses a document (unsigned) of a seminar at which the confederation "Dignité" profusely thanked the President of the Republic and the Government for the particular attention they paid to this organization.

C. The Committee's conclusions

1. 263. The Committee notes that the allegations refer to the death and arrest of trade unionists as a result of a collective dispute in the Ihro Lamé plantation.
2. 264. As regards the deaths of the trade unionists Zahorio Kohi, Brahima Dabré (dead in prison) and Diébré Boukary (according to information in the hands of the Committee he also died in prison on 8 July 1995), the Committee notes that the Government merely stated that Zahorio Kohi and Brahima Dabré were not workers in the enterprise and that, according to a report drawn up by the National Gendarmerie, Diébré Boukary had been accused by three workers of having committed acts of violence, although the accused had denied being the instigator of these attacks. In these circumstances, the Committee expresses its strongest condemnation and outrage at these deaths, especially in view of the fact that two people had died in prison because they had not received the necessary medical assistance. In this respect, the Committee underlines the Government's direct responsibility and draws the Government's attention to the fact 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 these organizations' leaders and members, and that it is for governments to ensure that this principle is respected" (see 291st Report, Case No. 1700 (Nicaragua), para. 310 and 294th Report, Case No. 1761 (Colombia), para, 726). To this effect, the Committee urges the Government to take the necessary measures immediately to carry out inquiries to cast full light on these deaths, identify those responsible and punish the guilty parties. The Committee requests the Government to keep it informed in this respect and to take urgent measures to ensure that the necessary medical assistance is provided in the prisons in question and that requests for medical assistance are not refused.
3. 265. As regards the arrests of the trade unionists, Dabone Hassane, Denemou Augustin, Karim Sawadogo and Kagambega Philippe, during a collective dispute, the Committee notes that the Government has merely stated in a general way in its reply that these trade unionists did not work in the enterprise and that they were arrested because they were vandals and delinquents. Furthermore, the Committee notes that only two of those arrested are listed as having perpetrated acts of violence in the report of the National Gendarmerie provided by the Government (Dabone Hassane, who is accused of having injured the toe of someone with a stone, although he has denied having committed this act of violence; and Kagambega Philippe accused of having inflicted blows, although he did not make any statement to this effect at the Gendarmerie). At no time are Denemou Augustin and Karim Sawadogo mentioned in the Gendarmerie's report.
4. 266. In this respect, noting that the grounds given by the Government for the arrests do not justify the arrest of trade unionists, the Committee urges the Government to take the necessary steps to ensure that the trade unionists mentioned in the previous paragraph are immediately released, particularly in the light of the deaths of trade unionists previously detained, and to keep it informed on the matter. Finally, the Committee reminds the Government that "the arrest and detention of trade unionists without any charges being laid, or court warrants being issued, or their participation in terrorist acts being proved, constitutes a serious violation of trade union rights" (see 284th Report, Case No. 1642 (Peru), para. 986; and 295th Report, Case No. 1732 (Dominican Republic), para. 356).

The Committee's recommendations

1. 267. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Expressing its most serious condemnation and outrage at the deaths of the trade unionists, Brahima Dabré, Diébré Boukary (dead in prison) and Zahorio Kohi, and recalling 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 these organizations' leaders and members, and that it is for governments to ensure that this principle is respected, the Committee requests the Government to take the necessary measures immediately to carry out inquiries to cast full light on these deaths, identify those responsible and punish the guilty parties. The Committee requests the Government to keep it informed in this respect and to take urgent measures to ensure that the necessary medical assistance is provided in the prisons in question and that requests for medical assistance are not refused.
   • (b) Stressing that the arrest and detention of trade unionists without any charges being laid, or court warrants being issued, constitutes a serious violation of trade union rights, the Committee urges the Government to take the necessary steps to ensure the immediate release of Dabone Hassane, Denemou Augustin, Karim Sawadogo and Kagambega Philippe, particularly in the light of the deaths of trade unionists previously detained. The Committee requests the Government to keep it informed in this respect.