Report in which the committee requests to be kept informed of development - Report No 307, June 1997

Case No 1850 (Congo) - Complaint date: 18-AUG-95 - Closed

Allegations: Anti-union intimidation, banning of trade union meetings, restrictions on the right to strike

1. 102. The Committee examined this case at its June 1996 meeting (see 304th Report, paras. 199-220, approved by the Governing Body at its 266th Session (May-June 1996)), during which it formulated interim conclusions.
2. 103. The Government sent observations on this case in a communication dated 5 March 1997.
3. 104. Congo 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. 105. In its communication of 19 August 1995 the Trade Union Confederation of Workers of Congo (CSTC) had stated that the Government was violating trade union rights. Specifically, it made the following allegations:
   • - a trade union meeting at the Pointe Noire labour exchange on 30 September 1993 had been broken up by a detachment of the national police force, resulting in many people being wounded, including Mr. Ngakoya, an employee of the national railways, who had been permanently disabled;
   • - the president of the CSTC, Louis Gondou, had been expelled from Pointe Noire by the Public Prosecutor and banned from returning;
   • - the vice-president of the CSTC, Moïse Lobe, had been threatened with arrest;
   • - the CSTC had been expelled from its premises and its property and documents ransacked in July 1995;
   • - trade union meetings scheduled at the Koulounda roundabout in the 5th district of Brazzaville on 27 July and 12 August 1995 had been banned;
   • - the CSTC had been threatened with dissolution or suspension;
   • - private sector workers had been dismissed following a general strike on 4 July 1995, specifically in the Galaxy and Caravelle companies;
   • - the exercise of the right to strike had been restricted: according to the complainant organization strikes had been called as a result of the deterioration of the labour situation (between 1992 and 1994 the payment of wages and pensions was 14 months in arrears), the reduction in purchasing power following the devaluation of the franc and late payment of amounts due to workers in public enterprises that had been closed down. Since January 1995 the Government had adopted a repressive attitude towards strike action, which had taken the form of threatening declarations, repeated warnings that it would use the security forces to break up strikes, the placing of strikers on blacklists, the arbitrary posting of trade union leaders and activists, and a ruling of the Council of Ministers of 8 March 1995 authorizing the payment of salaries in all administrations only to officials who could show that they had actually been present at their place of work;
   • - an amendment to labour legislation as it relates to the exercise of the right to strike in the public service had been drafted. According to the complainant organization the draft amendment meant that the settlement of collective disputes through legal channels would entail restricting, if not making altogether impossible, the exercise of the right to strike in public administrations. In addition to the ban on any strike action until conciliation procedures (lasting from seven to 20 days) had been exhausted, the draft amendment would empower the Government to requisition all or part of the officials on strike and would make it possible to impose compulsory minimum service without negotiation with the social partners, a ban on strikes by certain officials other than the police (as provided for under article 31 of the Constitution), and a requirement that there be a quorum of 51 per cent of the workers to vote on the holding of a strike.
2. 106. At its June 1996 meeting, the Committee expressed its regret at the Government's failure to send any reply concerning this case despite the fact that the Committee had invited it to do so on several occasions, even by way of an urgent appeal. The Committee had therefore found itself obliged to submit a report on the substance of the case without being able to take into account the information that it had hoped to receive from the Government.
3. 107. In view of this situation the Committee had adopted the following recommendations:
   • In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
     • (a) With regard to the alleged violent dispersion of a trade union meeting at Pointe Noire, the Committee calls on the Government to arrange without delay for an impartial and independent inquiry to clarify the facts and avoid the repetition of such acts, and to keep it informed of the findings of the inquiry.
     • (b) With regard to the alleged expulsion of the president of the CSTC, Mr. Louis Gondou, from Pointe Noire and the ban on his returning, the Committee calls on the Government to revoke these measures which constitute a serious interference in the activities of the trade union organization of which he is president and to arrange for a judicial inquiry into the truth of the allegations. The Committee requests the Government to keep it informed of the findings of this inquiry and of developments in the situation.
     • (c) With regard to the alleged expulsion of the CSTC from its premises and the ransacking of its property and documents in July 1995, the Committee calls on the Government to arrange for an independent inquiry and, should the allegation prove true, to return its premises and property to this workers' organization and to sanction the perpetrators of these illegal acts so that such inadmissible practices do not recur. It requests the Government to keep it informed of the steps taken in this respect and of the findings of the inquiry.
     • (d) With regard to the banning of trade union activities on 27 July and 12 August 1995, the Committee requests the Government to communicate its comments and observations on this aspect of the case.
     • (e) With regard to the alleged threats of dissolution and suspension of the CSTC, the Committee recalls that the suspension or dissolution of workers' organizations by administrative authority is contrary to Article 4 of Convention No. 87 and urges the Government not to resort to such action.
     • (f) With regard to the alleged repression practised against striking workers, the Committee emphasizes that protest strikes against the non-payment of remuneration and sympathy strikes with the workers concerned are legitimate trade union activities, and calls on the Government to revoke all anti-union reprisals that may have been taken in the public sector, including the 8 March 1995 order of the Council of Ministers, and to take the necessary steps to enable the leaders and the members of trade union organizations who have been dismissed for legitimate trade union activities to be reinstated in their jobs.
     • (g) The Committee recalls that blacklisting constitutes a serious threat to the free exercise of trade union rights and requests the Government to communicate its comments and observations on the allegation that such practices have been engaged in against striking workers.
     • (h) Finally, with regard to the draft amendment of the legislation on the right to strike in the public service, the Committee calls on the Government to take into account the principles of freedom of association in any amendment of the legislation on this subject and suggests that it communicate the Bill to the ILO prior to its adoption so as to ensure that its provisions do not run counter to these principles. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case in respect of Convention No. 87.

B. The Government's reply

1. 108. With respect to a trade union meeting being broken up at Pointe Noire on 30 September 1993 by a detachment of the national police force, in its communication dated 5 March 1997 the Government replies that it is aware of the gravity of this allegation and accepts, in accordance with the conclusions of the Committee on Freedom of Association, to arrange for an impartial and independent inquiry to clarify the facts and avoid their repetition.
2. 109. Concerning the allegation that the president of the Trade Union Confederation of Workers of Congo, Louis Gondou, had been expelled from Pointe Noire by the Public Prosecutor and banned from returning, and the threats directed against the vice-president, Mr. Lobe, the Government explains that, in accordance with articles 129 et seq. of the Constitution of the Republic of Congo, the judiciary enjoys autonomy of action, the Constitution having established the separation of powers. In this particular case, it appears that Mr. Louis Gondou, the president of the CSTC, on a trade union assignment in Pointe Noire, had some exchanges with the police who accuse him of making untrue statements. This being the case, the Public Prosecutor, by virtue of the powers vested in him by the law and prevailing legislation, took the decision to expel Mr. Louis Gondou from Pointe Noire and ban him from returning. It is true that this decision could have taken the form of a decision handed down by a legally constituted court, in which case the president of the CSTC may have been able to present his defence. The Government notes, however, that this matter falls exclusively within the competence of the judiciary, which is why Mr. Louis Gondou has been applying to the courts to seek the annulment of that decision. The Government maintains that it is not responsible for events opposing a citizen and the law of his country. However, it takes careful note of the Committee's recommendations and will keep it informed of the measures taken and results obtained. As for the vice-president of the Trade Union Confederation of Workers of Congo, Mr. Moïse Lobe, he has entire freedom of movement and is going about his trade union activities in an entirely normal fashion.
3. 110. Regarding the question of the CSTC being expelled from its premises, the Government explains that the premises belonged in fact to the Masonic Lodge. During the single party era the State had dispossessed the Freemasons, who held the property title, of the Lodge; following the return of pluralism they asked for their rights to be re-established. The property and documents of the Trade Union Confederation of Workers of Congo were in fact not ransacked at all, but instead a legal decision was executed and the premises restored to their former owner.
4. 111. Pertaining to the banning of the Koulounda public meetings in Brazzaville on 27 July and 12 August 1995, the Government stresses that this decision was taken in order to avoid disturbances and events getting out of control in one of the most working-class districts of the capital. Available information indicated an atmosphere of unrest due to the presence of armed, uncontrolled persons. The Government acknowledges that it could have acted differently if the demonstrations had been scheduled somewhere offering full guarantees of security. However, no other proposal had been received from the Trade Union Confederation of Workers of Congo.
5. 112. As regards the threats of dissolution and suspension levelled at the Trade Union Confederation of Workers of Congo, the Government notes that the complainant organization does not provide any specific details. It confirms its commitment to the principles contained in Convention No. 87. It states however that it brought to the attention of the Trade Union Confederation of Workers of Congo the obligation to respect legal procedures and the freedom to work on a number of occasions during the general strikes called by that organization in 1995.
6. 113. In relation to restrictions on the exercise of the right to strike, the Government explains that the strikes called by the Trade Union Confederation of Workers of Congo often took place in violation of established procedures. They were held when negotiations had not been exhausted; in the public sector, for example, negotiations continued with the other trade union organizations, it was only the Trade Union Confederation of Workers of Congo that withdrew; in the private sector, more particularly in business, strikes often went hand in hand with assault, sit-ins, intimidation and threats directed at non-strikers. Certain employers had requested police support to guarantee freedom of work rather than to suppress strikers, with a view to ensuring the protection of tools and the safety of all, non-strikers in particular. The Government declares that it knows of no placing of striking workers on blacklists, no arbitrary posting of trade union leaders and militants, and no arbitrary dismissals during the general strike of January 1995. Likewise, there had been no ruling by the Council of Ministers dated 8 March 1995 authorizing the payment of salaries only to officials actually present at their workplaces. At that time, the Government had simply recalled that the strike of the Trade Union Confederation of Workers of Congo was clearly illegal (as the negotiations had not deteriorated and were continuing with the other trade unions), and that a deduction would be made from the salaries of all officials absent from their workplaces.
7. 114. Lastly, with reference to legislation on the right to strike in the public service, the Government acknowledges that a bill is currently being examined. It confirms that it will communicate it to the ILO prior to its definitive adoption.

C. The Committee's conclusions

1. 115. The Committee notes the detailed information and observations provided by the Government on each of its recommendations. It observes in particular, in relation to the dispersion of a trade union meeting at Pointe Noire on 30 September 1993 by a detachment of the police force, that the Government is aware of the gravity of the allegation and that it will arrange for an impartial and independent inquiry to clarify the facts and avoid their repetition.
2. 116. The Committee recalls that, according to the CSTC, the trade union meeting on 30 September 1993 had been held at the labour exchange and that the intervention of the police had resulted in many people being wounded, including Mr. Ngakoya, an employee of the national railways. The Committee emphasizes the importance of the principle that the right of occupational organizations to hold meetings in their premises to discuss occupational questions, without prior authorization and interference by the authorities, is an essential element of freedom of association and that the public authorities should refrain from any interference which would restrict this right or impede its exercise, unless public order is disturbed thereby or its maintenance seriously and imminently endangered (see Digest of decisions and principles of the Committee on Freedom of Association, 4th edition, 1996, para. 130). In this particular case, as the trade union meeting was being held at the labour exchange, the Committee is of the view that the authorities should have refrained from any intervention by the forces of order, especially given that it resulted in many people being wounded. It therefore again appeals to the Government to keep it informed of the findings of the inquiry and of the measures taken to punish those who are responsible for these reprehensible acts.
3. 117. The Committee notes that, on the matter of the expulsion of the president of the Trade Union Confederation of Workers of Congo (CSTC), Mr. Gondou, as pronounced by the Public Prosecutor in March 1995, the Government itself acknowledges that the decision to expel this trade unionist and to ban him from returning could have been delivered by a court, which would have given the president of the CSTC the chance to defend himself. The Committee recalls that it has already concluded, on the basis of the proof contained in the complaint and given the general nature of the charge (and the prefect's view that the intervention of this trade union leader could have helped to calm the social unrest and not, as the Public Prosecutor stated, that it was intended to endanger law and order), that the CSTC president's expulsion and banning from Pointe Noire by the Public Prosecutor for disturbing the peace during the course of the labour dispute in the petroleum sector constituted an act of severe anti-union repression. The Committee therefore requests the Government to annul this decision handed down over two years ago, on 23 March 1995, violating his right to properly conduct his trade union activities, and to keep it informed of developments.
4. 118. The Committee observes that the complainant's and Government's versions of the CSTC's expulsion from its premises do not tally. According to the complainant, the Confederation was expelled in July 1995 and its property and documents ransacked. In contrast, in the Government's version, the premises belonging to a Masonic lodge were restored to their former owners following a legal decision, and the Confederation's property and documents were not in any way ransacked. The Committee stresses, as a general rule, the importance of the principle that trade union property should be adequately protected, as emphasized by the International Labour Conference in its resolution concerning trade union rights and their relation to civil liberties, adopted in 1970. It asks the Government to help the CSTC, in every way it can, to find premises to enable it to properly carry out its activities. It requests the Government to provide a copy of the above-mentioned legal decision restoring the premises to a Masonic lodge.
5. 119. The Committee notes the Government's acknowledgement that it could have refrained from prohibiting the Koulounda public meetings in Brazzaville on 27 July and 12 August 1995 if the CSTC had planned these demonstrations somewhere offering full guarantees of security, but it states that the Confederation had proposed nowhere else. The Committee recalls that workers should enjoy the right to peaceful demonstration to defend their occupational interests (see Digest, op. cit., para. 132). It requests the Government to ensure respect for this fundamental principle in the future.
6. 120. The Committee observes the Government's statement that the complainants did not provide any details on the alleged threats of dissolution or suspension of the CSTC and its point that it drew the Confederation's attention to the obligation to respect legal procedures and the freedom to work on a number of occasions during the strikes it called in 1995. The Committee recalls that it has always recognized the right to strike by workers and their organizations as a legitimate means of defending their economic and social interests (see Digest, op. cit., para. 474). The Committee places special emphasis on the conclusion it formulated in its 304th Report (para. 216) relating to this case where it stated in relation to the 1995 strikes that protest strikes in a situation where workers have for many months not been paid their salaries by the Government are legitimate trade union activities. The Committee therefore calls on the Government to revoke all anti-union reprisals that may have been directed against the strikers and their organizations, in particular dismissals and blacklisting. In this connection, the Committee asks the Government to provide information on the situation prevailing in the Galaxy and Caravelle companies.
7. 121. Lastly, the Committee is interested to note that, in accordance with its earlier recommendation, the Government says that the bill concerning the right to strike in the public service will be communicated to the ILO before its final adoption. The Committee trusts that this legislative text will be in accordance with the principles of freedom of association and asks the Government to honour its obligations in this connection, so that it may examine the compatibility of this legislative text with freedom of association principles.

The Committee's recommendations

1. 122. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes with concern the numerous violations of freedom of association that have occurred in this case which relates to the brutal dispersion of a trade union meeting, the expulsion of a trade union leader and the ban on his returning, the banning of trade union meetings and anti-union dismissals following legitimate strikes. It reminds the Government that by ratifying Conventions Nos. 87 and 98 it undertook to respect freedom of association and asks it in future to guarantee workers and their organizations the right to exercise their trade union activities, including the holding of trade union meetings and taking strike action without the interference of the public authorities.
   • (b) With respect to the breaking up of a trade union meeting at the Pointe Noire labour exchange on 30 September 1993 by a detachment of the national police force, resulting in many people being wounded, including Mr. Ngakoya, an employee of the national railways, the Committee again asks the Government to keep it informed of the findings of the inquiry and of the measures taken to punish those who are responsible for these reprehensible acts.
   • (c) In relation to the expulsion from Pointe Noire of the president of the Trade Union Confederation of Workers of Congo (CSTC) by the Public Prosecutor and the ban on his returning, the Committee, judging this to constitute an act of severe anti-union repression, asks the Government to annul this decision which was handed down two years ago, and to keep it informed of developments.
   • (d) On the subject of the expulsion of the CSTC from its premises, the Committee requests the Government to help, as far as possible, the CSTC to obtain new premises.
   • (e) As regards the banning of the Koulounda public meetings in Brazzaville in July and August 1995, the Committee asks the Government to ensure that in future workers enjoy the right to peaceful demonstration to defend their occupational interests.
   • (f) In relation to protest strikes against the non-payment of salaries by the Government, the Committee calls on the Government to revoke all anti-union reprisals that may have been directed against the strikers, and in particular dismissals and blacklisting, and to keep it informed in this connection.
   • (g) Lastly, the Committee again asks the Government, in keeping with its commitment, to transmit a copy of the bill relating to the right to strike in the public service before its final adoption to allow it to check its compatibility with the principles of freedom of association.