Definitive Report - Report No 407, June 2024

Case No 3431 (Angola) - Complaint date: 31-MAY-22 - Closed

Allegations: The complainant organization alleges the attempted marginalization of the National Union of Workers of Angola – Trade Union Confederation (UNTA-CS), with attacks on freedom of expression, government interference in UNTA-CS affairs and threats of deregistration, in a general climate of increased violence against trade unionists and workers

1. 91. The Committee last examined the substance of this case at its March 2023 meeting, when it presented an interim report to the Governing Body [see 401st Report, paras 85–97, approved by the Governing Body at its 347th Session (March 2023)  ].
2. 92. The Government sent its observations in communications received by the Office on 13 and 20 March 2024.
3. 93. Angola 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. 94. In its previous examination of the case, in March 2023, the Committee made the following recommendations [see 401st Report, para. 97]:
   • (a) The Committee requests the Government to engage in a constructive dialogue with all the parties concerned with a view to determining, together with the parties, objective and transparent criteria for the nomination of workers’ representatives to the 111th Session of the Conference (June 2023). The Committee requests the Government to provide a detailed report on the discussions held to this end, the persons present and the agreement between the parties, by the next meeting of the Committee (June 2023).
   • (b) The Committee requests the Government to indicate whether a judicial investigation has been opened into the death in suspicious circumstances of the Deputy Secretary-General of SINMEA.
   • (c) The Committee requests the Government to take the necessary measures to ensure full respect for freedom of expression, association and the basic civil liberties necessary for the full realization of trade union rights.

B. The Government’s reply

1. 95. In its communication received on 13 March 2024, the Government states that, at the ordinary meeting of the National Committee for the ILO held on 11 April 2023, it was decided that all of the most representative organizations of employers and workers in Angola, namely the Chamber of Commerce and Industry of Angola (CCIA), the Industrial Association of Angola (AIA), the Federation of Women Entrepreneurs of Angola (FMEA), the National Union of Workers of Angola-Trade Union Confederation (UNTA-CS), the General Confederation of Independent and Free Trade Unions of Angola (CGSILA) and the Força Sindical Angolana (FSA), would participate in the 111th Session (June 2023) of the Conference. It was also decided that the Employers’ and Workers’ delegates would be from organizations affiliated to the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC), respectively. The Government’s communication refers to the minutes of that meeting (No. 1/2023), received on 20 March 2024, which make reference to an agreement on a rotation among members of the National Committee for the ILO.
2. 96. The Government further states that: (i) on 17 April 2023, a bipartite meeting was held between the Government, represented by the Minister of Public Administration, Labour and Social Security, the General Secretary of the UNTA-CS and Ms Maria Francisco, a member of the Governing Body of the ILO, at which they agreed to improve the dialogue between the parties and to review the criteria for nominating Workers’ representatives to the International Labour Conference; and (ii) on 9 May 2023, a tripartite meeting was held between the Executive Secretary of the CCIA, the member of the Governing Body of the ILO as a representative of the UNTA-CS, and a representative of the Ministry of Public Administration, Labour and Social Security, to consider the present case.
3. 97. As to the circumstances of the death of the Deputy Secretary-General of the National Union of Doctors of Angola (SINMEA), the Government states that the autopsy performed in Luanda on 19 April 2022 found that the cause of death was an acute myocardial infarction, ruling out any other unnatural cause. Four forensic physicians, two doctors from the leadership of SINMEA and a member of the deceased’s family took part in the examination of the body.

C. The Committee’s conclusions

1. 98. The Committee recalls that the present case was referred to it in 2022 by the International Labour Conference upon a proposal by the Credentials Committee – made under article 32, paragraph 6, of the Standing Orders of the Conference – to refer to the Committee on Freedom of Association the issues raised by the International Trade Union Confederation (ITUC) in its objection concerning the nomination of the Workers’ delegation of Angola. The Credentials Committee had considered that the objection raised issues that went beyond the question of representation at the Conference and that the situation described by the objecting organization merited further investigation for which the Committee lacked jurisdiction.
2. 99. The Committee recalls that the allegations made by the ITUC concern the attempted marginalization of the UNTA-CS and that, in this connection, the Government is alleged to have deliberately excluded the UNTA-CS from the Workers’ delegation to the 110th Session (May–June 2022) of the Conference in disregard of its status as the most representative organization, in a general climate of increased violence against trade unionists and workers.
3. 100. The Committee notes the information provided by the Government, according to which: (i) on 17 April 2023, a bipartite meeting was held between the Government, represented by the Minister of Public Administration, Labour and Social Security, the General Secretary of the UNTA-CS and Ms Maria Francisco, a member of the Governing Body of the ILO, during which they agreed to improve dialogue between the parties and to review the criteria for nominating Workers’ representatives to the International Labour Conference; and (ii) on 9 May 2023, a tripartite meeting was held between the Executive Secretary of the CCIA, the member of the Governing Body of the ILO as a representative of the UNTA-CS, and a representative of the Ministry of Public Administration, Labour and Social Security, to consider the present case.
4. 101. With regard to the determination with the parties concerned of objective and transparent criteria for the nomination of Workers’ representatives to the 111th Session (June 2023) of the Conference (recommendation (a)), the Committee regrets that the information concerning the composition of the Workers’ delegation to the 111th Session (June 2023) of the Conference was not sent by the Government in a timely manner and was not received until March 2024, that is to say well after the session of the Conference for which the information was requested. The Committee also notes that neither has the Government provided the detailed report as requested on the criteria selected for nominating Workers’ representatives and that some of the information is, moreover, unclear. Indeed, the Committee notes that the Government, in its communication received on 13 March 2024, states that, in the context of the ordinary meeting of the National Committee for the ILO on 11 April 2023, it was decided, as regards the composition of the Workers’ delegation, that representatives of the UNTA-CS, the CGSILA and the FSA would participate in the 111th Session of the Conference and that the Workers’ delegate would come from an organization affiliated to the ITUC, whereas the minutes of that meeting refer to a rotation agreement reached between the members of the aforementioned National Committee, without mentioning the issue of international affiliation and that, furthermore, the minutes were not approved by all the representative workers’ organizations.
5. 102. The Committee nevertheless notes that, according to the final list of delegations represented at the 111th Session (June 2023) of the Conference, the Workers’ delegate was from the UNTA-CS, the delegation also included representatives of the FSA and the CGSILA, no objection was raised with the Credentials Committee at that session and no further information has been provided to it in connection with this case. In these circumstances, the Committee trusts that the nomination of the Workers’ delegation was made and will continue to be made in agreement with the most representative workers’ organizations and on the basis of objective and transparent criteria, and decides that it will not continue its examination of this matter.
6. 103. With regard to the suspicious circumstances of the death of the Deputy Secretary-General of SINMEA (recommendation (b)), the Committee takes note of the information concerning the results of the autopsy performed in Luanda on 19 April 2022, in the presence of four forensic physicians, two doctors from the leadership of SINMEA and a member of the deceased’s family. In the absence of any additional information from the complainant organization, the Committee will not continue its examination of this matter either.
7. 104. In the light of the foregoing, the Committee considers that this case does not call for further examination and is closed.

The Committee’s recommendations

1. 105. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:decide that the present case does not call for further examination.
   • (a) The Committee trusts that the nomination of the Workers’ delegation was made and will continue to be made in agreement with the most representative workers’ organizations and on the basis of objective and transparent criteria.
   • (b) The Committee considers that this case does not call for further examination and is closed.