Report in which the committee requests to be kept informed of development - Report No 286, March 1993

Case No 1645 (Central African Republic) - Complaint date: 07-MAY-92 - Closed

1. 255. The complaint is contained in a communication from the Organization of African Trade Union Unity (OATUU) dated 7 May 1992. The Government replied to the allegations in a communication dated 18 November 1992.
2. 256. The Central African Republic 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. 257. The OATUU alleges in its communication of 7 May 1992 that Zoga Ambroise, Kanda Justin, Hongoua Kongbo Nicolas and Koyewa Dieudonné were arbitrarily arrested, deported and dismissed by the Central African authorities for having organized a strike in the country.
2. 258. The complainant organization considers that these measures constitute a flagrant violation of Conventions Nos. 87 and 98, ratified by the Central African Republic. It states that they caused profound indignation within its organization and have been violently condemned by all its members.

B. The Government's reply

1. 259. In its communication dated 18 November 1992, the Government states that there are no grounds for this case any more, in so far as two decisions were taken to reinstate the persons concerned and to restore their rights.
2. 260. The Government points out that these two decisions consisted of Order No. 072/MFPTSSFP and Ruling No. 089/MFPTSSFP, dated 13 July 1992; it encloses copies of both these texts. It points out that as a result of these texts, the messenger employed by the national education system, Koyewa Dieudonné, three teachers, Zoga Ambroise, Hongoua Kongbo Nicolas and Kanda Justin, started working again and that the accuracy of this information may be checked with those concerned or the Trade Union of Central African Workers (USTC).

C. The Committee's conclusions

1. 261. The Committee notes that the allegations in this case concern the arrest, deportation and dismissal of four officials of the national education system, Zoga Ambroise, Kanda Justin, Hongoua Kongbo Nicolas and Koyewa Dieudonné, on the grounds that they organized a strike.
2. 262. It also notes that the Government mentions that these four persons have been reinstated and had their rights restored under Order No. 072/MFPTSSFP and Ruling No. 089/MFPTSSFP of 13 July 1992, and that it provided a copy of these texts.
3. 263. The Committee notes that under Order No. 072/MFPTSSFP of 13 July 1992, the officials working in the national education system, Zoga Ambroise, Hongoua Kongbo Nicolas and Kanda Justin, who had been dismissed from the Central African public service by Decree No. 92.113 of 23 April 1992, are reinstated in their "département" of origin; and that under Ruling No. 089/MFPTSSFP, of the same date, Koyewa Dieudonné, a messenger working for the Ministry of Primary, Secondary and Technical Education (Youth and Sport), who had been dismissed from the Central African public service by Decree No. 92.113 of 23 April 1992, is reinstated in the ministry in question.
4. 264. The Committee also notes with interest that the Order and Ruling of 13 July 1992 stipulate that the persons reinstated may claim the salaries which were withheld from them as a result of their dismissal. The Committee requests the Government to confirm that the persons in question have in fact been reinstated in their jobs and have been able to recover retroactively all their rights.
5. 265. Whilst pleased about these developments, the Committee nevertheless feels bound to recall that it believes that recourse to extremely serious measures, such as the arrest, deportation and dismissal of workers, because they have taken part in a strike, constitutes a violation of freedom of association and that no person should be prejudiced in his employment by reason of his trade union membership or legitimate trade union activities, including the right to strike, as it has always recognized the right to strike by workers and their organizations as a legitimate means of defending their economic and social interests. It firmly hopes that in the future the Central African authorities will refrain from taking anti-trade union measures against workers having participated in a strike.

The Committee's recommendations

1. 266. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee recalls that recourse to measures such as the arrest, dismissal and deportation of workers for having participated in legitimate trade union activities constitutes a serious violation of freedom of association. It firmly hopes that the Government will refrain from taking such measures in the future.
   • (b) The Committee asks the Government to confirm that Messrs. Zoga, Kanda, Hongoua Kongbo and Koyewa have in fact been reinstated in their jobs and have been able to recover retroactively all their rights.