Interim Report - Report No 230, November 1983

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

1. 475. The Committee has examined this case on two previous occasions, the most recent being during its May 1983 meeting when it presented an interim report to the Governing Body. Since then the Government transmitted information in a communication dated 7 July 1983 and one complainant organisation, the International Federation of Building and Woodworkers, sent additional information in support of the complaints in a communication dated 15 July 1983.
2. 476. 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. 477. The allegations outstanding after the Committee's last examination of this case concern anti-union repression - directly or indirectly by the Government - during early 1982. The Governing Body, on the Committee's recommendation, approved the following conclusions:
   • (a) As regards the allegations relating to the freezing of trade union bank accounts and those of certain trade union leaders, the Committee notes that, according to the Government, the bank accounts of the Trades Union Congress have been released; it requests the Government to supply detailed and precise information concerning the measures that are being taken, or are envisaged, to release the bank accounts of those other trade unions and trade union leaders whose assets were frozen.
   • (b) As regards the confiscation of the passports of a certain number of trade unionists, the Committee requests the Government to inform it of the precise situations of the trade unionists so affected; it expresses the firm hope that measures will be taken at an early date to regularise the situation of the trade unionists concerned, some of whom have been unable to return to the country to participate in the current trade union elections. The Committee also requests the Government to supply information on those trade unionists released on bail.
   • (c) With regard to the current elections, the Committee requests the Government to inform it whether all of these elections have now taken place and to confirm whether all the former members of the TUC who were ousted following the events of April 1982, and who have remained in Ghana, as well as the ten trade union leaders mentioned by the complainants, were able to participate in those elections; more specifically, the Committee requests the Government to indicate whether these ten trade union leaders are able to carry out normal trade union activities and to supply precise information concerning their legal status.
   • (d) As regards the alleged attack upon, and occupation of, the headquarters of certain trade unions, including the TUC, the Committee again trusts that genuine and democratically elected leaders are, or soon will be, in possession of these premises; it requests the Government to provide information on the situation regarding these premises and to take steps to return these to the unions concerned, if this has not already been done.
   • (e) The Committee requests the Government to transmit its observations on the latest allegations concerning the operations of "workers defence committees" in workplaces, which are elected by workers but depend on government support and can be easily used to undermine trade unions and their representatives.
   • (f) As regards the case as a whole, the Committee considers that, in order to reach conclusions in full knowledge of the facts, and in view of the contradictory information supplied by the complainants and the Government on a number of the allegations made, it would be useful if a representative of the Director-General could visit the country to examine the situation on the spot; it, accordingly, requests the Government to state whether it would be willing to receive a mission to Ghana by a representative of the Director-General who would submit a report on the case as a whole to the Committee prior to its next meeting, in particular on the following aspects of the case: the freezing of trade union assets and of those of certain trade union leaders, the confiscation of passports of certain trade union leaders and the situation of those on bail, the current trade union elections and the situation of trade union premises.

B. Further developments

1. 478. In its communication of 7 July 1983 the Government states that the bank accounts of the Trades Union Congress and the 17 national unions involved in this case have been released since February 1983 and are being operated freely by those organisations in accordance with their own financial procedures.
2. 479. As concerns the alleged attack upon, and occupation of certain trade union headquarters, the Government reiterates that the occupation was carried out by local branch trade unions under the leadership of the Association of Local Trade Unions without any government involvement whatsoever. It states that the premises have all along been in the possession of the labour movement and the national unions continue to operate from there. Moreover, it repeats that it immediately extended security protection at that time to TUC property and leaders and that this was not a form of preventative detention. It denies that the leaders' passports were confiscated and states that they have been free to travel outside Ghana.
3. 480. With regard to the trade union elections taking place in May 1983, the Government states that 16 national unions have held their national delegates conferences and have elected permanent officers. It emphasises that all trade union leaders, including those mentioned by the complainant organisations, were free to carry on their trade union activities and participate in the elections. In addition, it states that the TUC is planning its own national delegates conference to approve its new constitution and elect national officers and the dates will be communicated to the Committee.
4. 481. The Government lastly states that the workers' defence committees are political organs of the sovereign State of Ghana and do not fall within the jurisdiction of the ILO, therefore any attempt, to involve them in the discussion of this case is considered as undue interference in the sovereign affairs of Ghana. The Government adds. that the operation of the workers' defence committees in no way infringes on the role, rights and responsibilities of trade unions, which are fully recognised by the Government.
5. 482. The International Federation of Building and Woodworkers, in its communication of 15 July 1983, does not deny that the elections; held in national unions have been largely free but repeats that some serious restrictions were placed on the freedom of the previous, leaders to participate in the elections (see para. 220 of the. Committee's 226th Report). It is concerned that the authorities are not doing all they could to protect trade unionists, in particular from attacks by mobs instigated by the workers' defence committees. For example, according to this complainant, on 9 May 1983 an organised mob attacked trade union leaders who were participating in a postponed May Day rally and wounded several of them. The complainant cites a second example of such a mob attack, on 1 June, on the TUC Regional Office at Takoradi during which some of the union officers were beaten and wounded. At the same time union property was taken away to the office of the Regional Co-ordinator of the workers' defence committees but was later returned to the union.

C. The Committee's conclusions

1. 483. The Committee has taken careful note of the Government's observations on the outstanding allegations in this case.
2. 484. As regards the freezing of trade union bank accounts and those of certain trade union leaders, the Committee notes that, according to the Government, all trade union accounts have been released and are being operated freely. However, it notes that the Government gives no information on the situation of the accounts of trade union leaders which were also frozen in February 1982. it accordingly repeats its request to the Government to supply details on the measures that are being taken or envisaged to release the bank accounts of the individuals concerned.
3. 485. The Committee notes the Government's statement that the passports of a certain number of trade unionists have not been confiscated and the persons concerned have been free to travel outside Ghana. It would point out, however, in this connection that' it had also requested the Government for information on those trade unionists allegedly released on bail of 100,000 cedi each after being detained in April 1982. The Committee accordingly repeats its request for information on the bail situation.
4. 486. The Committee notes with interest that 16 of the 17 national trade unions have completed their elections and that the Trade Union Congress intends to hold its elections in the near future. It requests the Government to keep it informed of the completion of these pending elections.
5. 487. As regards the alleged attack upon, and occupation of headquarters of certain trade unions, the Committee notes that the Government confines its remarks to stating that the premises in question have always been in the possession of the national unions which continue to operate freely from there. The Committee would accordingly request the Government to supply further detailed information on this aspect of the case.
6. 488. As regards the alleged violent operations of workers''' defence committees, the Committee notes that the Government considers them as political organs unconnected with trade unions, 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 would adjourn its examination of this aspect of the case until it receives the Government's specific comments on these incidents.
7. 489. More generally, the Committee notes with regret that the Government makes 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 is the subject of contradictory information from the complainants and the Government. The Committee reiterates its hope that the Government will 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 requests 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.

The Committee's recommendations

1. 490. In these circumstances, the Committee recommends the Governing Body to approve this interim report, and in particular the following conclusions:
   • (a) The Committee requests the Government to send its specific comments on the most recent allegations of anti-union mob violence in May and June 1983 by members of the workers' defence committees.
   • (b) The Committee repeats its request to the Government to supply details on the measures that are being taken or envisaged to release the bank accounts of individual trade union leaders which were frozen in February 1982.
   • (c) The Committee notes the information supplied by the Government to the effect that the passports of a certain number of trade unionists have not been confiscated and the persons concerned have been free to travel outside Ghana. It nevertheless requests the Government to clarify the allegation that these unionists remain on bail.
   • (d) As regards the pending trade union elections for the Trade Union Congress, the Committee notes that they will soon take place. It requests the Government to keep it informed of the results of the pending elections.
   • (e) As regards the attack upon and occupation of the headquarters of certain trade unions the Committee, in view of the contradictory information before it, requests the Government to supply further detailed information on this aspect of the case.
   • (f) More generally the Committee notes with regret that the Government makes 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 and reiterates its hope that the Government will 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 requests 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 it to have at its disposal sufficient and reliable information upon which to base its conclusions.