Report in which the committee requests to be kept informed of development - Report No 234, June 1984

Case No 1135 (Ghana) - Complaint date: 05-MAY-81 - Closed

1. 215. The Committee has examined this case on three previous occasions, the most recent being at its November 1983 meeting when it presented an interim report to the Governing Body [see 230th Report, paras. 475-490, approved by the Governing Body at its 224th Session, November 1983]. Since then the Government communicated further information in a communication dated 10 February 1984.
2. 216. Ghana 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. 217. When it last examined this case the Committee requested the Government to supply information on a number of matters that had been raised in the complaints concerning, in particular, the freezing of trade union bank accounts, the confiscation of passports of a number of trade unionists and the situation of those trade unionists allegedly released on bail, the elections in the Trades Union Congress, the attacks on and occupation of the headquarters of certain trade unions and the alleged violent operations of workers' defence committees as regards trade unionists. More particularly the Committee asked the Government to accept a direct contacts mission to Ghana.
2. 218. As regards the freezing of trade union bank accounts and those of certain trade union leaders, the Committee noted that, according to the Government, all trade union accounts had been released and were being operated freely. However, it noted that the Government had given no information on the situation of the accounts of trade union leaders which had also been frozen in February 1982. It accordingly repeated its request to the Government to supply details on the measures that were being taken or were envisaged to release the bank accounts of the individuals concerned.
3. 219. The Committee also noted the Government's statement that the passports of a certain number of trade unionists had not been confiscated and that the persons concerned were free to travel outside Ghana. It pointed out, however, that it had also requested the Government for information on those trade unionists who had allegedly been released on bail of 100,000 cedi each after being detained in April 1982. The Committee accordingly repeated its request for information on the bail situation of these persons.
4. 220. The Committee also noted that 16 of the 17 national trade unions had completed their elections and that the Trades Union Congress intended to hold its elections in the near future. It requested the Government to keep it informed of the completion of these pending elections.
5. 221. As regards the alleged attack upon, and occupation of headquarters of certain trade unions, the Committee noted that the Government had confined its remarks to stating that the premises in question had always been in the possession of the national unions which continued to operate freely from there. The Committee, accordingly, requested the Government to supply any further available detailed information on this aspect of the case.
6. 222. As regards the alleged violent operations of workers' defence committees, the Committee noted that the Government considered these as political organs unconnected with trade unions, or their rights or activities. Nevertheless, in view of the most recent allegation that two mob attacks on trade unionists, in May and June 1983, apparently involved members of the workers' defence committees, the Committee adjourned its examination of this aspect of the case and requested the Government's specific comments on these incidents.
7. 223. More generally, the Committee noted with regret that the Government had made no reference to the proposal made by the Committee that a visit by a representative of the Director-General be carried out to the country to examine the situation, which was the subject of contradictory information from the complainants and the Government. The Committee reiterated its hope that the Government would shortly agree to such a mission which could contribute to a better knowledge of the trade union situation and to a useful examination of possible solutions to the problems at issue. The Committee requested the Government to indicate at an early date its willingness to accept an on-the-spot mission to Ghana by a representative of the Director-General in order to enable the Committee to have at its disposal sufficient and reliable information on which to base its conclusions.

B. Further developments

1. 224. In its communication dated 10 February 1984 the Government supplies the following information in connection with the matters raised by the Committee.
2. 225. As regards the situation of the bank accounts of individual trade union leaders, the Government states that, following workers' allegations that the former leadership of the TUC had, prior to April 1982, misappropriated trade union funds, it quickly froze the accounts of the unions and their leaders pending investigations and vetting by appropriate bodies set up for this purpose (the National Investigations Committee and the Citizens' Vetting Committee). The Government explains that the action taken to freeze accounts with a view to investigating and vetting was at no time limited to trade unions and such action also affected political institutions, public officers and even private individuals.
3. 226. The Government adds that, in the case of the unions, and following investigations by the National Investigations Committee, their accounts were unfrozen. The unions were now operating there accounts freely and, between November 1982 and December 1983, the 17 national trade unions had been able to conduct their national conferences and elect new leaders through the operation of their own accounts. In addition, states the Government, all national leaders who submitted themselves for investigation and vetting have all had their accounts unfrozen. Now, only those persons in exile or suspected of subversion against the State (the Government mentions Mr. C. Attah of the Building and Construction Union) still had their accounts frozen.
4. 227. The Government points out that, in addition to the freezing of accounts, the passports of union leaders were impounded pending the investigations into the alleged misappropriation of funds. During a period of feverish worker agitation, continues the Government, the union leaders were also sent into protective custody to safeguard their own interests. On their release from custody, and pending completion of the investigations, they were placed on bail bonds of 100,000 cedi. The Government points out that the investigations into the allegations have now been completed, the passports returned to the trade unionists involved and the bail bonds quashed.
5. 228. The Government states that, following the elections held at Cape Coast from 1 to 3 December 1983 in the 17th union, the Maritime and Dockworkers' Union, the Trades Union Congress convened its C extraordinary congress in the Ashanti Regional capital, Kumasi, from 13 to 17 December 1983. Mr. Adjabeng, current National Chairman of the Industrial and Commercial Workers' Union, was elected National Chairman of the TUC. Mr. A.K. Yankey, former General Secretary of the Chemical, Petroleum and General Transport Workers' Union was elected as the TUC's General Secretary. These persons have now assumed office. The Government adds that it had extended an invitation to the ILO to attend the elections as an observer. It also adds that the new TUC General Secretary, Mr. A.K. Yankey, freely contested the post with two other candidates.
6. 229. As regards the alleged attacks on the headquarters of certain trade unions, the Government states that, following the election of the new executive officers of the National Union of Seamen, a group of union members who refused to attend the elections, subsequently broke into the headquarters of the union and occupied the premises. The TUC disputes committee examined and resolved this matter.
7. 230. As for the allegations concerning anti-union mob violence in June 1983 by members of the workers' defence committees, the Government states generally that it does not deny that occasional flare-ups and violence have occurred in the past. For example, on 9 May 1983, during the celebration of a postponed May Day, some workers and trade union leaders who had gathered at the forecourt of the trades union hall in Accra to orate the day were alleged to have been attacked by the defence committees. In June 1983 it was alleged that the defence committees attacked the regional offices of the Trades Union Congress in Takoradi. ,
8. 231. The Government, in this connection, disagrees that these incidents should be interpreted as anti-union violence. The Government explains that the defence committees have been supported by it as a mass and popular organisation of the people set up to root out corruption at all levels in society, to safeguard the interests of the people and participate in the structural and moral transformation of the country. These defence committees, continues the Government, grew up spontaneously in the villages, towns, cities and in the workplaces. The Government set up national defence committees to co-ordinate the activities of the entire mass organisation. By the very nature of their functions, (the Government transmits a copy of the guide-lines for the defence committees), the defence committees come into contact with the various established institutions of the State, as well as with organisations and some of these contacts have developed into violent conflicts. The defence committees have come into conflict with such established institutions as the police, employers' associations, religious institutions etc. and these have resulted in government action being taken to introduce improvements in the administrative handling of these bodies. The Government has, however, taken action against defence committees if conflict has resulted in violence or destruction.
9. 232. More specifically, the Government, referring to the alleged attacks of May and June 1983, states that it did not approve of the action taken by the defence committees against some trade union leaders. In Accra the Interim District Coordinating Committee for the defence committees was dissolved on account of the attack on the premises of the union. In addition, the Central Steering Committee of the Second District Defence Committee, which was responsible for the attack on regional offices of the TUC was also dissolved and some of its leaders placed in custody. In all these cases, continues the Government, it intervened to protect union property, and office equipment taken by the defence committees has now been returned.
10. 233. As regards the Committee's request to the Government to accept a direct contacts mission to Ghana, the Government states that it had already extended an invitation to the Director-General - which he was unable to accept - to send a representative to observe the proceedings of the extraordinary congress of the TUC in December 1983. The Government adds, however, that the Director-General may, whenever the opportunity arises, send his representative to visit Ghana to observe the industrial and labour relations situation in Ghana.

C. The Committee's conclusions

1. 234. The Committee has considered all the information now supplied by the Government in response to the various points on which the Committee had made recommendations to the Governing Body.
2. 235. As regards the accounts of trade union leaders which had been frozen in 1982, the Committee now notes from the information supplied by the Government that the action taken by the latter to freeze accounts was applied generally, and not confined to trade unions and trade unionists. In the case of the unions, allegations had been made by the workers themselves that trade union funds had been misappropriated and action was accordingly taken to freeze the accounts and set up appropriate investigatory bodies to inquire into the matters. Following investigations, the accounts of the unions were unfrozen and, according to the Government, evidence of the freedom of the unions to operate their accounts is the fact that, between November 1982 and December 1983 the 17 national unions have been able to conduct their national conferences and elect new leaders. The Committee also notes that all the national leaders whose accounts were frozen and who were subsequently investigated have all had their accounts unfrozen. In only those cases where trade unionists are in exile or if they are suspected of subversion against the State do accounts remain frozen. It would seem, however, to the Committee that, if following investigation, no evidence of misappropriation of trade union funds has been found, it is unreasonable for the accounts of trade unionists, whether or not they have remained in the country, to remain frozen.
3. 236. In view of all the information at its disposal, and in particular, the Government's assurances that all accounts affected by the measures that were taken have now, with certain exceptions, been unfrozen the Committee, requests the Government to take the necessary measures to unfreeze the accounts of all the trade unionists concerned.
4. 237. As regards those trade unionists who had allegedly been detained in April 1982 but released on bail, the Committee notes that the Government repeats that union leaders were sent into protective custody to safeguard their interests during a period of worker agitation. The Government adds that, pending completion of investigations, they were placed on bail. The Committee notes the Government's statement that the completion of these investigations has resulted in the return of the passports to those concerned and to the quashing of the bail bonds. The Committee takes note of the present situation. It would observe, however, that there would appear to be some inconsistency in the Government's explanations concerning the initial detention of the trade unionists involved. It would appear - clear to the Committee that the main purpose of the detention was suspicion of criminal acts rather than the protection of the trade unionists concerned, but that, following investigations, no charges were brought against them. In this connection the Committee would point out that the detention by the authorities of trade unionists concerning whom no grounds for bringing charges are subsequently found may involve restrictions on trade union rights. Governments should take steps to ensure that the authorities concerned have instructions that will guarantee that the danger of detention for trade union activities is eliminated.
5. 238. As regards the trade union elections that were announced for the 17 national trade unions and for the Trades Union Congress, the Committee notes that. these have now taken place and that the new executive committees have taken office.
6. 239. The aspect of the complaint concerning alleged attacks on trade unionists and trade union premises is one to which the Government has responded by admitting that, although there have been outbreaks of violence, sometimes involving workers' defence committees, these have been met by appropriate action by the authorities to counteract violence and damage to property. In particular the Committee notes that violent action by certain defence committees has resulted in their dissolution or in specific action being taken against the perpetrators.
7. 240. In this connection, the Committee would suggest to the Government that it take all necessary measures to establish and maintain a climate in which trade union activities can be exercised freely and without interference and in which civil liberties are fully respected. It would express the hope that, since the trade union movement as a whole has now been re-established, with elections having taken place in all the national centres, the various organisations will be able to carry out their activities in full freedom and that the Government will, for its part, ensure that they enjoy to the full the guarantees provided for in the freedom of association Conventions which have been ratified by Ghana.

The Committee's recommendations

1. 241. In these circumstances, the Committee recommends the Governing Body to approve this report, and in particular the following conclusions:
   • (a) The Committee notes that trade union elections in the 17 national organisations and in the TUC have now been completed.
   • (b) The Committee notes that, with certain exceptions, all accounts of trade unions and trade unionists have, following investigations, been unfrozen, that passports which had been confiscated have now been returned to the trade unionists concerned and that bail bonds in respect of certain previously detained trade unionists have been quashed. It would seem, however, to the Committee that, if following investigation, no evidence of misappropriation of trade union funds has been found, it is unreasonable for the accounts of trade unionists to remain frozen. It requests the Government to take the necessary measures to unfreeze the accounts of all the trade unionists concerned and to inform the Committee of the measures taken.
   • (c) The Committee would point out that the detention by the authorities of trade unionists against whom no grounds for bringing charges are subsequently found may involve restrictions on trade union rights; governments, therefore, should take steps to ensure that the authorities concerned have instructions that will guarantee that the danger of detention for trade union activities is eliminated.
   • (d) The Committee suggests that the Government take all necessary measures to establish and maintain a climate in which trade union activities can be exercised freely and without interference; it expresses the hope that all the trade union organisations will henceforth be able to carry out their activities in full freedom and that the Government will, for its part, ensure that they enjoy to the full the guarantees provided for in the freedom of association Conventions which have been ratified by Ghana.