Interim Report - Report No 408, October 2024

Case No 3448 (Guinea-Bissau) - Complaint date: 11-MAY-23 - Active

Allegations: The complainant organization denounces violations of freedom of association by the authorities, including the wrongful detention of UNTG-CS members; intimidation; violent interventions by security forces, including in trade union premises; as well as government interference in the election of UNTG-CS leaders

1. 454. The complaint is contained in a communication from the National Union of Workers of Guinea – Union Center (UNTG-CS) dated 11 May 2023.
2. 455. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case twice. At its meeting in June 2024 [see 407th Report, para. 7], the Committee launched an urgent appeal to the Government, indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next session, even if the requested observations or information had not been received in due time. To date, the Government has not sent any information.
3. 456. Guinea-Bissau 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. The complainant’s allegations

1. 457. In its communication dated 11 May 2023, the complainant organization denounces a range of anti-union measures taken against UNTG-CS members following strike action in the country.
2. 458. The organization alleges that on 5 May 2021, two trade union leaders and three members of the trade union bargaining committee of the General Directorate of Taxes and Contributions were arrested at police stations because they had refused to sign a memorandum proposed by the executive. They were freed only following strong pressure from the Secretary-General of the UNTG-CS and other members of the National Secretariat. These events were repeated in October 2021 against other trade union leaders, who were also released following pressure from the UNTG-CS and its lawyers.
3. 459. The complainant organization indicates that on 17 May 2021, the UNTG-CS negotiating team arrived, at the scheduled time, at a meeting convened by the Minister of Public Service and was surprised to find the President of the Republic in attendance. It alleges that the President, noting the absence of the UNTG-CS Secretary-General, Mr Júlio António Mendonça, expelled the trade unionists from the meeting room using threats and that, shortly afterwards, the Minister of Public Service announced via a radio broadcast that there would be no more strike action and that the Government would never again sit down with the UNTG-CS.
4. 460. The complainant organization also denounces the violent police repression of a demonstration in July 2021 during which law enforcement officers stormed the UNTG-CS offices, using tear gas and attacking the demonstrators inside.
5. 461. The complainant organization alleges that the Government subsequently interfered in the election of the leadership of the UNTG-CS at its fifth ordinary congress, which was scheduled for May 2022, by supporting the candidacy of Mr Laureano Pereira da Costa, former president of the teachers’ union, against that of Mr Júlio António Mendonça, the incumbent Secretary-General. Mr Pereira da Costa, who had been living in Portugal for two years, is alleged to have returned to Bissau with the collusion of the President in order to disrupt the organization’s normal functioning; it is even alleged that he used his connections to obtain an injunction ordering the suspension of the fifth ordinary congress, which began its work on 10 May 2022. The complainant organization alleges that the ruling powers aimed to silence the UNTG-CS to evade any criticism, including by depriving it of its resources and preventing it from participating in the International Labour Conference in June 2022.
6. 462. The complainant organization highlights that a court ruling of 13 October 2022 permitted the fifth UNTG-CS congress to convene that same month, allowing it to finish its work. Although a police presence was requested to ensure the safety of delegates to the congress in the light of the bloodshed threatened by Mr Pereira da Costa and his supporters, the organization states that the Ministry of the Interior sent police officers to prevent delegates from entering the conference room. The delegates were expelled from the premises, and access to the conference room was blocked, but, at the insistence of the delegates, the congress was able to complete its work outside, and Mr Júlio António Mendonça was re-elected Secretary-General. On 22 November 2022, the new members of the UNTG-CS central board assumed their duties, and the congress’ final resolutions were duly communicated to the executive.
7. 463. The complainant organization alleges that in February 2023, death threats and threats of beatings were made against the re-elected Secretary-General and his deputy, Mr Yasser Ture, accompanied by other acts of intimidation, namely the patrolling of the areas surrounding the two leaders’ homes at night by armed individuals wearing balaclavas.
8. 464. According to the complainant organization, although the organizing committee of the fifth UNTG-CS congress won the case culminating in the ruling of 13 October 2022, and although that ruling was definitive and no legal proceedings were under way with regard to the outcome of the congress, Mr Pereira da Costa and his supporters began to forge documents and misuse the UNTG-CS’s name, including in the media. It states that those crimes of forgery and identity theft prompted the UNTG-CS central leadership to lodge two complaints against Mr Pereira da Costa and his four collaborators with the Prosecutor-General in December 2022. However, owing to interference by the President of the Republic and by Mr Pereira da Costa’s former lawyer in the case relating to the fifth congress, who is now the Prosecutor-General, those complaints have allegedly been blocked, leaving Mr Pereira da Costa free to continue his offences against the legitimate leaders of the UNTG-CS. According to the complainant, the authorities did not stop a parallel congress that was organized in April 2023 under the UNTG-CS name.
9. 465. Lastly, the complainant organization alleges that in May 2023, on the orders of the Minister of the Interior, the rapid response forces raided the UNTG-CS headquarters; the Government, via the Ministry of the Interior, searched the premises, expelled the re-elected Secretary-General and installed Mr Pereira da Costa, affording him personal protection and a vehicle.

B. The Committee’s conclusions

1. 466. The Committee deeply regrets the fact that the Government has not supplied the observations and information requested in due time, even though it has been asked to do so several times, including through an urgent appeal made at its meeting in June 2024. Under these circumstances and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1972)], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
2. 467. The Committee reminds the Government, first, that the purpose of the whole procedure concerning allegations of infringements of freedom of association is to ensure respect for freedom of association both in law and in fact. While this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, 1952, para. 31].
3. 468. The Committee observes that this complaint refers to allegations of violations of freedom of association by the authorities, including the wrongful detention of UNTG-CS leaders, acts of intimidation, violent interventions by the security forces including in trade union premises, and the interference of the authorities in the process of electing UNTG-CS leaders.
4. 469. With regard to the allegations concerning arbitrary arrests and acts of intimidation, the Committee notes the complainant organization’s allegations that on 5 May 2021, two trade union leaders and three members of the trade union bargaining committee of the General Directorate of Taxes and Contributions were arrested at police premises because they refused to sign a memorandum proposed by the executive and that they were freed only following strong pressure from UNTG-CS leaders. The Committee notes that, according to the complainant organization, these were not isolated events and that they were repeated against other trade union leaders. The Committee further notes with concern the allegations that in February 2023 death threats and threats of beatings were made against UNTG-CS Secretary-General Mr Júlio António Mendonça and his deputy, Mr Yasser Ture, accompanied by other acts of intimidation, namely the patrolling of the areas surrounding the two leaders’ homes at night by armed individuals wearing balaclavas.
5. 470. The Committee wishes first of all to recall that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Compilation of Decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 84]. Moreover, measures designed to deprive trade union leaders and members of their freedom entail a serious risk of interference in trade union activities and, when such measures are taken on trade union grounds, they constitute an infringement of the principles of freedom of association. The arrest of trade unionists and leaders of employers’ organizations may create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities, and it is not possible for a stable industrial relations system to function harmoniously in the country as long as trade unionists are subject to arrests and detentions [see Compilation, paras 124, 126 and 127]. The Committee requests the Government to ensure that, in future, trade union leaders and members face no consequences for engaging in legitimate trade union activity and to ensure that acts of violence and threats targeting trade unionists are duly investigated. In particular, the Committee requests the Government to provide detailed information on any investigations carried out and/or any measure adopted in relation to the serious allegations of threats and intimidation against Mr Júlio António Mendonça and Mr Yasser Ture, UNTG-CS Secretary-General and Deputy Secretary-General, respectively, in February 2023.
6. 471. With regard to the election of UNTG-CS leaders and the acts of violence carried out in that context, the Committee notes that the complainant organization alleges the following: (i) the Government supported the candidacy of Mr Laureano Pereira da Costa, former president of the teacher’s union, over that of Mr Júlio António Mendonça, incumbent Secretary-General. Mr Pereira da Costa, who had been living in Portugal for two years, allegedly returned to Bissau with the collusion of the President in order to disrupt the organization’s normal functioning, and it is alleged that he even used his connections to obtain an injunction ordering the suspension of the fifth ordinary congress of the UNTG-CS, which began its work on 10 May 2022; (ii) a court ruling of 13 October 2022 permitted the fifth UNTG-CS congress to convene that same month, allowing it to finish its work; (iii) although a police presence was requested to ensure the safety of delegates to the fifth congress in the light of the bloodshed threatened by Mr Pereira da Costa and his supporters, the Ministry of the Interior sent police officers to prevent delegates from entering the conference room. The delegates were expelled from the premises, and access to the conference room was blocked, but, at the insistence of the delegates, the congress was able to complete its work outside, and Mr Júlio António Mendonça was re-elected Secretary-General; (iv) the authorities did not stop a parallel congress that was organized in April 2023 under the UNTG-CS name; and (v) in May 2023, on the orders of the Minister of the Interior, the rapid response forces raided the UNTG-CS headquarters; the Government, via the Ministry of the Interior, searched the premises, expelled the re-elected Secretary-General and installed Mr Pereira da Costa, affording him personal protection and a vehicle. The criminal complaints lodged by the complainant organization against Mr Pereira da Costa for forgery and identity theft against UNTG-CS have reportedly gone unaddressed.
7. 472. The Committee observes that, according to the complainant organization, the ruling powers sought to silence the UNTG-CS to evade any criticism, including by preventing it from participating in the International Labour Conference.
8. 473. The Committee observes that, in the light of the information provided to it, the fifth UNTG-CS congress, initially planned for May 2022, took place against a very difficult backdrop and was brought to a halt by an injunction sought by Mr Laureano Pereira da Costa, the candidate supported by the Government, according to the complainant organization. Nevertheless, the courts upheld the validity of the electoral process, thereby allowing the congress to complete its work in October 2022 – despite police operations intended to prevent it from doing so – and to re-elect Mr Júlio António Mendonça as UNTG-CS Secretary-General.
9. 474. In that regard, the Committee recalls that workers and their organizations should have the right to elect their representatives in full freedom and the latter should have the right to put forward claims on their behalf. The right of workers’ organizations to elect their own representatives freely is an indispensable condition for them to be able to act in full freedom and to promote effectively the interests of their members. For this right to be fully acknowledged, it is essential that the public authorities refrain from any intervention which might impair the exercise of this right, whether it be in determining the conditions of eligibility of leaders or in the conduct of the elections themselves [see Compilation, paras 586 and 589]. The Committee also recalls that the spirit of Convention No. 87 calls for impartial treatment of all trade union organizations by the authorities, even if they criticize the social or economic policies of national or regional executives, as well as avoidance of reprisals for pursuing legitimate trade union activities [see Compilation, para. 514]. In view of the above, the Committee expects that the Government will adopt the necessary measures to afford the leaders elected during the 2022 UNTG-CS congress full freedom to exercise their functions without any interference by the authorities.
10. 475. More particularly, with regard to the use of public force, the Committee notes the allegations of the complainant organization that the offices of the UNTG-CS had already been raided by law enforcement authorities during the violent repression of a demonstration in July 2021. In that regard, the Committee is bound to recall not only that workers should enjoy the right to peaceful demonstration to defend their occupational interests, but also that the entry by police or military forces into trade union premises without a judicial warrant constitutes a serious and unjustifiable interference in trade union activities [see Compilation, paras 208 and 280]. The Committee draws the Government’s attention to the fact that when allegations of the entry by police or military forces prove to be founded, they constitute serious interference by the authorities in trade union activities. The Committee requests the Government to provide its observations on the alleged entry by police or military forces into UNTG-CS premises in July 2021 and May 2023 and expresses the hope that it will adopt the necessary measures to prevent a repetition of such acts. The Committee also requests the Government to take the necessary steps to return the offices of the UNTG-CS to its legitimate leaders and to provide information on the follow-up given to the legal action brought by them.
11. 476. Lastly, with regard to the allegations relating to the nomination of Workers’ representatives at the International Labour Conference, the Committee, while recalling that questions of representation at the Conference fall within the competence of the Conference Credentials Committee, reiterates the special importance it attaches to the right of workers’ and employers’ representatives to attend and to participate in meetings of international workers’ and employers’ organizations and of the ILO [see Compilation, para. 1069]. The Committee observes that it was Mr Laureano Pereira da Costa who represented the UNTG-CS as a Workers’ delegate at the Conference in 2023 and 2024 and that the Conference Credentials Committee, while recognizing that these matters were the subject of a complaint to the Committee on Freedom of Association, expressed serious doubts as to whether the nomination of the Workers’ delegation had been made in full independence from the Government, reiterating that government interference cannot result in valid designation of delegates. The Committee also observes that on this occasion the Government requested ILO technical assistance on questions relating to the operation and representativeness of workers’ organizations [see ILC.112/Record No. 3B, paras 60–62].
12. 477. Given the information brought to its knowledge, the Committee expects that the Government will give priority to promoting and defending freedom of association by allowing the development of free and independent trade unionism and maintaining a social climate free of anti-union interference and actions, in accordance with its international commitments. Observing that the Government has requested technical assistance from the Office on the matters of representativeness and the operation of trade unions, the Committee expresses the firm hope that such assistance will be provided and will assist the Government in implementing the Committee’s conclusions and recommendations.

The Committee’s recommendations

1. 478. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that the Government has not replied to the allegations, even though it has been asked to do so on several occasions, including through an urgent appeal, and requests it to reply as soon as possible.
   • (b) The Committee requests the Government to ensure that, in future, trade union leaders and members face no consequences for engaging in legitimate trade union activity and to ensure that acts of violence and threats targeting trade unionists are duly investigated. In particular, the Committee requests the Government to provide detailed information on any investigations carried out and/or any measure adopted in relation to the serious allegations of threats and intimidation against Mr Júlio António Mendonça and Mr Yasser Ture, UNTG-CS Secretary-General and Deputy Secretary-General, respectively, in February 2023.
   • (c) The Committee expects that the Government will adopt the necessary measures to afford the leaders elected during the 2022 UNTG-CS congress full freedom to exercise their functions without any interference by the authorities.
   • (d) The Committee requests the Government to provide its observations on the alleged entry by police or military forces into UNTG-CS premises in July 2021 and May 2023 and expresses the hope that it will adopt the necessary measures to prevent a repetition of such acts.
   • (e) The Committee requests the Government to take the necessary steps to return the offices of the UNTG-CS to its legitimate leaders and to provide information on the follow-up given to the legal action brought by them.
   • (f) The Committee expects that the Government will give priority to promoting and defending freedom of association by allowing the development of free and independent trade unionism and maintaining a social climate free of anti-union interference and actions, in accordance with its international commitments. Observing that the Government has requested technical assistance from the Office on questions relating to the operation and representativeness of workers’ organizations, the Committee expresses the firm hope that such assistance will be provided and will assist the Government in implementing the Committee’s conclusions and recommendations.