Report in which the committee requests to be kept informed of development - Report No 311, November 1998

Case No 1956 (Guinea-Bissau) - Complaint date: 19-FEB-98 - Closed

Allegations: Detention of trade unionists, declaring a trade union to be illegal

1. 505. This complaint was contained in a communication from the National Organization of Workers of Guinea (UNTG) dated 19 February 1998. The UNTG sent additional information in communications dated 12 March and 14 April 1998.
2. 506. Due to the Government's lack of information concerning the allegations, the Committee has had to postpone the examination of this case twice. At its June 1998 meeting the Committee called the Government's attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body at its 184th Session (November 1971), it would present a report on the substance of this case at its next session, even if the observations or information requested had not been received in due time (see 310th Report, approved by the Governing Body at its 272nd Session (June 1998), para. 9). To date, no information has been received from the Government.
3. 507. Guinea-Bissau has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 508. In its communications dated 19 February, 12 March and 14 April 1998, the National Organization of Workers of Guinea (UNTG) states that following the incidents that occurred during a spontaneous demonstration on 5 January 1998 by seafarers, legal action was taken with a view to declaring the National Trade Union of Seafarers (SINAMAR) to be illegal and the members of its management committee were detained, including its President, Mr. Joao Cá. The complainant organization adds that SINAMAR was in no way responsible for the incidents concerned (assault on the National Director of the Maritime and Port Authorities) as the President of SINAMAR, when he learnt of what was happening, asked the seafarers to leave the site of the demonstration. The UNTG indicates that the trade union leaders in question were released three or four days following their detention, but that they are on conditional release and may not exercise their trade union rights.

B. The Committee's conclusions

1. 509. First of all, although it is aware of the problems going on within the country, the Committee regrets that, despite the time that has elapsed since the submission of the complaint, the importance of the allegations, and the fact that the Government has been invited to formulate its comments and observations on a number of occasions, even by way of an urgent appeal, the Government has failed to respond to the allegations made in this case.
2. 510. Given this situation, and in accordance with the applicable procedure (see para. 17 of its 127th Report, approved by the Governing Body at its 184th Session), the Committee is obliged to submit a report on the substance of this case without being able to take into account the information it hoped to receive from the Government.
3. 511. The Committee reminds the Government that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, while these procedures protect governments against unreasonable accusations, governments for their part must recognize the importance of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward (see First Report of the Committee, para. 31).
4. 512. The Committee observes that in this case the complainant organization alleges that following the incidents that occurred during a spontaneous demonstration by seafarers in January 1998: (1) legal action was taken with a view to declaring the National Trade Union of Seafarers (SINAMAR) to be illegal; and (2) the members of the management committee of SINAMAR were detained, including their President Mr. Joao Cá (the trade union leaders were released three or four days following their detention, but are on conditional release and may not exercise their trade union rights). The Committee notes the complainant organization's declaration that SINAMAR was not involved in these incidents (assault on the National Director of the Maritime and Port Authorities) and that its President, when he learnt of what was happening, asked the seafarers to leave the site.
5. 513. In this connection, the Committee observes that it does not have the necessary information to enable it to examine the conditions surrounding the demonstration, the exact reasons for the measures that were taken or the precise nature of the incidents that allegedly occurred. This being the case, the Committee requests the Government: (i) to examine the causes motivating legal action taken to declare the trade union organization SINAMAR to be illegal, and that if it is found that this action was initiated without justification, to take the necessary measures to ensure that the legal action is abandoned immediately; and (ii) to ascertain whether any charges have been brought against the trade union leaders of SINAMAR who were detained for three or four days in January 1998, and if it is found that they are being tried without justification, to take the necessary measures to ensure that the charges are immediately lifted and that they can freely exercise their trade union activities. The Committee requests the Government to keep it informed in this connection.

The Committee's recommendations

1. 514. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to examine the causes motivating the legal action taken to declare the trade union organization SINAMAR to be illegal, and that if it is found that this action was initiated without justification, to take the necessary measures to ensure that the legal action is abandoned immediately. The Committee requests the Government to keep it informed in this connection.
   • (b) The Committee requests the Government to ascertain whether any charges have been brought against the trade union leaders of SINAMAR who were detained for three or four days in January 1998, and that if it is found that they are being tried without justification, to take the necessary measures to ensure that the charges are immediately lifted and that they can freely exercise their trade union activities. The Committee requests the Government to keep it informed in this connection.