Report in which the committee requests to be kept informed of development - Report No 328, June 2002

Case No 2129 (Chad) - Complaint date: 08-JUN-01 - Closed

Allegations: Detentions of trade union officials

1. 596. The Union of Trade Unions of Chad (UST) submitted this complaint in communications dated 8 June and 7 July 2001.
2. 597. In the absence of a reply from the Government, the Committee was obliged to adjourn the examination of this case on two occasions. At its March 2002 meeting [see 327th Report, para. 9], the Committee made an urgent appeal to the Government stating 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 information or observations requested had not been received in due time. To date, the Government has not sent any information.
3. 598. Chad 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. 599. In its communications of 8 June and 7 July 2001 the complainant organization explains that on 30 May 2001 the chairman and the secretary-general of the Union of Trade Unions of Chad, Mr. Boukinebe Garka and Mr. Djibrine Assali Hamdallah, were taken from their office at the UST headquarters for questioning by the police, without an arrest warrant, at approximately 9 a.m. They were interrogated, detained in appallingly unhygienic conditions, then released on 31 May at 12.50 a.m. The complainant organization alleges that the grounds given to justify these arrests were that the UST had been involved with the opposition political parties to try to arrange an information meeting following the contested elections of 20 May 2001.

B. The Committee’s conclusions

1. 600. The Committee regrets that, despite the time that has elapsed since the complaint was first presented, the Government has not replied to any of the complainant’s allegations, although it has been invited on several occasions, including by means of an urgent appeal, to present its comments and observations on this case. The Committee expresses the hope that the Government will be more cooperative in the future.
2. 601. Under these circumstances, and in accordance with the applicable procedural rule [see para. 17 of its 127th Report, approved by the Governing Body at its 184th Session], the Committee finds itself obliged to present a report on the substance of the case without being able to take into account the information it had hoped to receive from the Government.
3. 602. 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 promote respect for this freedom in law and in fact. The Committee remains confident that, if this procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating for objective examination detailed replies concerning allegations made against them [see the First Report of the Committee, para. 31].
4. 603. The Committee notes that this case concerns the arrest and detention, for approximately 48 hours, of the chairman and the secretary-general of the UST. The Committee notes that, according to the complainant organization, these arrests occurred without an arrest warrant and on grounds relating to the fact that the UST had allegedly been involved with opposition political parties for the purpose of holding an information meeting following the elections held in Chad on 20 May 2001. The Committee hereby calls the Government’s attention to the fact that the detention of trade union officials or members for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular. The Committee reminds the Government 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, paras. 71 and 77]. Consequently, the Committee requests the Government to fully respect the principles set forth above and to give appropriate instructions to the competent authorities to ensure that such arrests do not occur in the future. The Committee requests the Government to keep it informed in this regard.
5. 604. Furthermore, the Committee recalls that, in the interests of the normal development of the trade union movement, it would be desirable to have regard to the principles enunciated in the resolution on the independence of the trade union movement adopted by the International Labour Conference at its 35th Session (1952) that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers and that when trade unions, in accordance with the national law and practice of their respective countries and at the decision of their members, decide to establish relations with a political party or to undertake constitutional political action as a means towards the advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions, irrespective of political changes in the country. Moreover, the Committee reminds the Government that a general prohibition on trade unions from engaging in any political activities would not only be incompatible with the principles of freedom of association, but also unrealistic in practice. Trade union organizations may wish, for example, to express publicly their opinion regarding the Government’s economic and social policy [see Digest, op. cit., paras. 450 and 455]. The Committee hopes that all the parties concerned will take these principles fully into account in the future.

The Committee's recommendations

1. 605. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that the Government has not replied to the complainant’s allegations and expresses the hope that it will be more cooperative in future.
   • (b) Stressing that the detention of trade union officials or members on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitutes a serious violation of public freedoms in general and trade union freedoms in particular, the Committee requests the Government to fully respect this principle and to give the appropriate instructions to the competent authorities to ensure that such arrests do not occur in the future. The Committee requests the Government to keep it informed in this regard.