Report in which the committee requests to be kept informed of development - Report No 375, June 2015

Case No 3004 (Chad) - Complaint date: 16-NOV-12 - Closed

Allegations: The complainant organization alleges the harassment of its officials, in particular the transfer of trade union officials and the arrest and conviction of its President, Vice-President and General Secretary, as a punishment for strike action in the public service

1. 483. The Committee last examined this case at its June 2014 meeting, when it presented an interim report to the Governing Body [see 372nd Report, paras 535–574, approved by the Governing Body at its 321st Session (June 2014)].
2. 484. The Government sent partial observations in a communication dated 28 May 2015.
3. 485. Chad has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 486. At its June 2014 meeting, the Committee made the following recommendations [see 372nd Report, para. 574]:
   • (a) The Committee requests the Government to ensure the respect of the principles that it recalls in relation to the freedom of expression of employers’ and workers’ organizations, and to keep it informed of any appeals initiated against the convictions handed down in September 2012 against the officials of the Union of Trade Unions of Chad and to indicate any final decision rendered in this regard.
   • (b) The Committee notes with regret that, since its last recommendation on the need to amend Act No. 008/PR/2007 regulating the exercise of the right to strike in public services, there has been no reported progress. It is bound to, once again, request the Government to take the necessary steps to review, in consultation with the social partners concerned, its legislation relating to the exercise of the right to strike in public services (Act No. 008/PR/2007 of 9 May 2007) to ensure the determination of a minimum service in accordance with the principles of freedom of association. The Committee urges the Government to keep it informed of the work of the Ad Hoc Negotiation Committee (CAN) in this regard.

B. The Government’s reply

1. 487. In its communication dated 28 May 2015, the Government provides information on the results of the appeals initiated against the convictions handed down in September 2012 against the officials of the Union of Trade Unions of Chad (UST), namely the extracts of Court Order No. 042/2013 of 4 June 2013 of the Court of Appeal of N’Djamena and of the Ministerial Order No. 175/PR/PM/MSP/SE/SG/SCB/HRD/2013 on the annulment of orders with regard to the concerned parties.
2. 488. In this regard, the Court Order No. 042/2013 of 4 June 2013 of the Court of Appeal of N’Djamena overrules the convictions of the three leaders of the UST, specifically Mr Michel Barka, Mr Younous Mahadjir and Mr François Djondang. As to the abovementioned Ministerial Order, it reassigns UST officials in their former positions, including Mr Younous Mahadjir, Mr François Djondang, Mr Montana N’Dinaromtan, Ms N’Doukolgone Naty Rachel and Ms Laoumaye Djerane.

C. The Committee’s conclusions

1. 489. The Committee notes the partial observations of the Government which include information on the results of the appeals against the convictions initiated against the officials of the UST, namely the extracts of Court Order No. 042/2013 of 4 June 2013 of the Court of Appeal of N’Djamena and of Ministerial Order No. 175/PR/PM/MSP/ SE/SG/SCB/HRD/2013 on the annulment of orders with regard to the concerned parties. The Committee notes in this regard that the Court of Appeal overruled the convictions of the UST leaders and the Ministerial Order reassigned officials of the UST in their former positions.
2. 490. The Committee would like to recall that Act No. 008/PR/2007 of 9 May 2007, regulating the exercise of the right to strike in public services, has also been the subject of criticism in an earlier case (Case No. 2581). On that occasion, the Committee recalled the principles of freedom of association relating to the exercise of the right to strike in public services and the determination of a minimum service. During its previous examination of the present case, the Committee also noted with regret that this legislative aspect was being monitored by the Committee of Experts on the Application of Conventions and Recommendations without any reported progress. Noting with regret that the Government has not provided any new information on this matter, the Committee firmly expects the Government to take the necessary steps to review this Act, in consultation with the social partners, and draws this legislative aspect of the present case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.

The Committee’s recommendation

1. 491. In light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee notes with regret that, since its last recommendation on the need to amend Act No. 008/PR/2007, regulating the exercise of the right to strike in public services, there has been no reported progress. It firmly expects the Government to take the necessary steps to review this Act, in consultation with the social partners concerned, to ensure determination of a minimum service in accordance with the principles of freedom of association and, in light of the Government’s ratification of Conventions Nos 87 and 98, requests it to provide detailed information to the Committee of Experts on the Application of Conventions and Recommendations.