Informe provisional - Informe núm. 181, Junio 1978

Caso núm. 899 (Túnez) - Fecha de presentación de la queja:: 01-FEB-78 - Cerrado

1. 221. The following organisations have presented complaints of violation of trade union rights in Tunisia: the World Federation of Trade Unions (WFTU; communication of 1 February 1978), the International Metalworkers' Federation (IMF; communication of 16 February 1978), the Postal, Telegraph and Telephone International (PTTI; communication of 22 February 1978), the International Confederation of Free Trade Unions (ICFTU; communications of 27 February and 17 April 1978), the Miners' International Federation (communication of 13 March 1978), the International Federation of Building and Woodworkers (IFBWW; communication of 14 March 1978), and the International Transport Workers' Federation (ITF; communication of 21 March 1978).
2. 222. These communications were transmitted to the Government as they were received. The Government replied by letters of 15 February, 14 March and 5 April 1978.
3. 223. Tunisia 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).
4. 224. Given the importance of the questions raised in this case and the requests sent to the ILO, the Director-General instructed Mr. Bolin, Deputy Director-General of the ILO, to visit Tunisia from 14 to 17 February 1978. The primary purpose of the mission was to convey to the Government the concern of the Organisation and the labour world regarding the trade union situation and the fate of the trade union leaders who had been arrested, and to obtain more precise information on the events. Mr. Bolin also urged the Government to send a prompt reply to the allegations submitted. On his return Mr. Bolin reported briefly on his mission to the Committee at its February 1978 session. In addition, the Governing Body, at its February-March 1978 session, took note of a statement by the Director-General regarding this mission, and of a statement by the Government representative of Tunisia.

A. Allegations of the complainant

1. 225. The WFTU alleged that the authorities had taken violent measures to crush the general strike organised by the Tunisian General Labour Union (UGTT) in support of its social and democratic demands. Dozens of workers were said to have been killed and hundreds injured. According to the complainants the trade union headquarters were occupied by the police, and 11 members of the UGTT executive, including its General Secretary, Mr. Habib Achour, were arrested along with hundreds of workers.
2. 226. The ICFTU refers to the situation created in Tunisia by the arrest of the regularly elected leaders of the UGTT following the 24-hour general strike which had been lawfully called by its leaders on 26 January 1978. The complainant states that the gas, water and electricity sectors were excluded from the strike for humanitarian reasons. On the day of the strike the police barred all means of exit from the UGTT headquarters and later broke into the premises and arrested all those inside. The complainants add that the Government called on the army and a number of persons were killed (46 according to the authorities). Hundreds of others were arrested.
3. 227. Some of the persons concerned, continues the ICFTU, had nothing to do with the trade union movement but were arrested during the demonstrations and the looting. They were prosecuted for contempt of the Head of State, unlawful assembly on the public thoroughfare, looting and resisting officers of the law in the performance of their duties. They were given light sentences or acquittals by the judges of first instance; the hearings are still continuing. Witnesses have stated categorically that the looting was done by youths not subjected to outside control. A second group of persons, namely employees of the UGTT (secretaries, telephonists and others) have nearly all been released after lengthy interrogations. According to the ICFTU 100 officials of the UGTT - members of the executive, occupational federations or regional unions - are still in prison. The ICFTU forwarded with its first communication of 27 February 1978 a list of detained trade unionists. It transmitted along with its letter of 17 April 1978 a fuller list of trade unionists who had been detained or arrested. Their names appear in the appendix to this document.
4. 228. In its letter of 27 February 1978 the ICFTU stated that the prisoners have no contact with their lawyers, and their families have been able to communicate with them only in exceptional cases. They have been in the hands of the police since their arrest and have neither come before a magistrate nor been accused. As the Tunisian Code of Penal Procedure does not specify any limits to the period during which persons may be held for investigation, this situation may last for months, state the complainants, who regards it as a serious violation of the autonomy and independence of a trade union organisation and its duly elected officials.
5. 229. The IMF, the Miners' International Federation and the IFBWW repeat the same allegations in their communications. Among the imprisoned trade unionists the IMF makes special mention of Ismail Sahbani, General Secretary of the Metalworkers' Union, adding that the prisoners are held incommunicado and have, according to rumour, been severely beaten and tortured. The Miners' International Federation draws special attention to the arrest of Abdelhamid Bellaid for Ben Laid), General Secretary of the Underground Workers' Federation of the UGTT, a member of the Executive Committee and of the Bureau of the complainant organisation. The IFBWW cites the name of Bechir Mabrouk, a legally elected official of the General Federation of Building Workers, who has also been arrested.
6. 230. The PTTI states that the general strike of 26 January 1978 was called by the competent and democratically elected leadership of the UGTT. On the eve of the strike, says the PTTI, the police surrounded the union headquarters. The police attacked it on 27 January, arresting the General Secretary and 10 deputy general secretaries. Among the latter was Mohamed Azzeddine, member of the PTTI executive. Like the other arrested trade union officials, he was alleged to be still held incommunicado without even being able to communicate with his family. Although no accusations have been made against the prisoners, conclude the complainants, there is every reason to believe that their arrest was the consequence of the UGTT decision to call a general strike. The ITF declares that it formally associates itself with the ICFTU's complaint against the Government of Tunisia. It is particularly concerned by the arrest of Abderrazak Ayoub, Principal Deputy General Secretary of the General Federation of Tunisian Railwaymen, the UGTT officer for the Tunis region and member of the Management Committee of the ITF. The complainants add that they have made unceasing efforts to obtain from the Tunisian authorities information on the acts which Mr. Ayoub is alleged to have committed and on the date on which he is to be brought to trial, but no reply has been received

B. Reply of the Government

1. 231. During Mr. Bolin's visit to Tunisia, the Prime Minister and the other ministers to whom he spoke gave him assurances that Mr. Habib Achour and the other UGTT officials who were still under arrest would be judged by an ordinary court at a public trial and not by an emergency court. They would be given every facility for preparing their defence and would have the opportunity to choose their counsel freely. The Prime Minister also gave the assurance that Mr. Achour and his companions were in good health and were being properly treated.
2. 232. In its letter of 15 February 1978, the Government rejects the allegations made against it. It recalls that Tunisia ratified Conventions Nos. 87 and 98 as early as 1956 and has always supplied reports on their application and their observance; in particular, the Committee of Experts on the Application of Conventions and Recommendations has never made any comments in respect of Convention No. 87.
3. 233. The Government continues that the UGTT has always been able to enjoy the full exercise of its rights; in particular, the authorities have scrupulously respected the exercise of the right to strike in support of demands of a purely occupational nature. But the general strike organised by the union organisation - at a very restricted meeting and without previous consultation of the UGTT leadership - had nothing to do with wage claims. The strike order was accompanied by no specific motion, nor was the period of notice prescribed by section 376bis of the Labour Code (as amended by Act No. 78/84 of 11 April 1976) respected: the strike was called on 24 January, only two days before it took place. It was thus unjustified and illegal. The Government considers that it was of a political nature, aiming at obstructing the operation of institutions and paralysing the national economy, in many cases in services which were essential to the health, safety and well-being of the population. The UGTT's appeal to leave the water, gas and electricity services out of the strike was not, says the Government, published - in the form of a communiqué in the Tunisian press - until the day on which the strike took place, doubtless as a result of the requisitioning of the services by the Government on 25 January.
4. 234. Two days before the strike, adds the Government, senior officials of the UGTT organised meetings and mobilised shock troups to ensure its success on 26 January 1978, when it had established that the strike had failed throughout the country, the General Secretary of the UGTT asked the Directorate of the Security Police to withdraw the forces of order from M'Hamed Ali Square (where UGTT headquarters are located) and threatened disturbances if that were not done within half an hour. After that time had elapsed premises were sacked, looted and set on fire, there was rioting, and demonstrations of an insurrectional nature were organised at eight different points in the capital and its southern suburbs. It then became necessary, continues the Government, to take measures to re-establish order and to protect the freedom and safety of the population in accordance with sections 6 and 7 of the Constitution. The arrests made were justified by the attacks made on public order irrespective of whether or not their perpetrators were apprehended in the act of committing an offence. The UGTT headquarters were occupied, according to the Government, because "instruments of destruction" were being kept there and because it was necessary to pursue the agitators and rioters who had taken refuge on the premises.
5. 235. In support of its allegations the Government cites statements made by international trade union officials. The Administrative Committee of the UGTT, it adds, meeting under the chairmanship of Mr. Tijani Abid, Acting General Secretary, had convened an extraordinary congress for 25 February 1978 in accordance with the organisation's rules; this was to be held under the same conditions as previous congresses. The former members of the Administrative Committee were under arrest and were being held at the disposal of the courts; preliminary investigations were to continue in order to determine the charges on which they would be brought before the competent legal instances in accordance with the regular procedure. The trial would take place according to law and the proceedings would be public. The Government also states that it has no objection to the appointment of a legal representative by the international trade unions which have requested it, to attend the trial as an observer.
6. 236. In its letter of 14 March 1978, the Government states that no legal evidence of violation of Convention No. 87 by Tunisia has been produced, nor have any details been given as regards the reality behind the tragic events of 26 January 1978. According to the Government, the general strike was not "legitimately" decided upon by the UGTT leadership, since sections 376 ff of the Labour Code stipulate that a strike must be held in support of demands of a strictly occupational nature, that ten days' notice must be given and that resort must previously be had to the competent conciliation bodies. The former leaders of the organisation had respected none of these legal conditions: the general strike was purely political; it had been announced and put into effect within a period of four days and without previous resort to the conciliation bodies. The Government goes on to say that the complainants have not been able to cite any occupational claim to justify the strike. Finally, the Government refers to Article 8, paragraph 1, of Convention No. 87 ("in exercising the rights provided for in this Convention, workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land") and to certain principles relating to strikes laid down by the Committee in earlier cases.
7. 237. Rejecting the allegations that no charges were brought against the trade union leaders under preventive arrest, the Government states that all the persons concerned were apprehended in the act of committing an offence or in accordance with warrants issued by the examining magistrate; this confirms the existence of charges and explains the arrest of- Mr. Achour on Saturday, 28 January, whereas the riots took place on 26 January. It is untrue, continues the Government, to claim that the accused have not come before a magistrate and are still in the hands of the police. Mr. Kersten, General Secretary of the ICFTU, had to obtain authorisation from the public prosecutor to visit Mr. Achour; this proves that the affair is before the courts and that the police are acting under the instructions of the examining magistrate in accordance with the Tunisian Code of Penal Procedure. All the detainees, adds the Government, whether or not they are trade union leaders, will be tried in public in the presence of any observer who may wish to attend; they will have the right of defence by counsel of their own choice. The detainees are not completely isolated, according to the Government, otherwise Mr. Kersten would not have been authorised to meet Mr. Achour.
8. 238. In its communication of 5 April 1978, in reply to the allegations made by the Miners' International Federation and IFBWW, the Government refers to its previous letters.

C. Conclusions of the Committee

1. 239. This case concerns essentially the 24-hour general strike called on 26 January 1978. The action resulted in large numbers of deaths and injuries, the arrest of trade union leaders and the temporary occupation of UGTT headquarters in Tunis. The Committee must first express, its concern at the extreme seriousness of these incidents, in particular the death of a number of persons.
2. 240. According to the Government the strike was not held in conformity with the provisions of the Labour Code. This stipulates - in its amended version - that ten days' notice of any decision to call a strike shall be given by the party concerned to the other party and to the regional conciliation office on where there is no such office, to the appropriate regional labour inspectorate for the place in question (section 376bis). Where a dispute affects two or more governorships or the Republic as a whole, the matter in dispute shall be submitted to the Central Conciliation Board (section 378). A strike is not lawful if these provisions are not observed (section 387) and is punishable by fines and imprisonment; the procedure shall be that applied to persons apprehended in the act of committing an offence (section 388).
3. 241. The complainants allege that the strike action was taken in support of social and democratic demands. The Government, on the other hand, states that the work stoppage was of a political nature, aiming at obstructing the operation of institutions and paralysing the national economy; the complainants have not, claims the Government, been able to cite any demand of an occupational nature.
4. 242. The Committee has always considered that the right to strike is a legitimate and, indeed an essential means whereby workers may promote and defend their occupational interests. This right, as was pointed out in a recent case, should not be restricted solely to industrial disputes likely to be resolved through the signing of a collective agreement; workers and their organisations should be allowed to express in a broader context, if they so wish, any dissatisfaction they may feel as concerns economic and social matters affecting their members' occupational interests. Nevertheless, as the Committee has also pointed out, the right to strike constitutes a fundamental right of workers and their organisations only in so far as it is utilised as a means of defending their interests, and the prohibition of strikes designed to coerce the government, if they are not occupational in character, does not constitute an infringement of freedom of association.
5. 243. The events which took place in Tunisia led to the arrest of many trade union officials. In such cases the Committee has always endeavoured to determine whether, on the one hand, there exist guarantees that regular judicial procedure will be followed and, on the other, what were the reasons for the arrest.
6. 244. The Committee has often pointed out that any trade unionist who is arrested should enjoy guarantees such as the right to be informed, at the time of his arrest, of the reasons for his arrest and to be promptly informed of the charges brought against him, the right to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing, and the right to be tried as rapidly as possible by an impartial and independent judicial authority. Such persons should also be presumed innocent until they have been proved guilty after a public trial during which they have enjoyed all the guarantees necessary for their defence.
7. 245. In the present case the complainants allege that the detainees are unable to communicate with their counsel and that they have been in the hands of the police since their arrest without being brought before an examining magistrate or charged with any offence; as there is no legal limit to the period during which the arrested persons may be held for inquiries, add the complainants, this situation may last for months. The Government states that the persons concerned were arrested while in the act of committing an offence or on a warrant of arrest issued by the examining magistrate, which confirms the existence of a charge; it denies that the accused were not brought before a magistrate and adds that the police were acting on instructions from the examining magistrate. The preliminary investigations are to continue, states the Government, to determine the charges on which the detainees will be brought before the ordinary court in accordance with the regular procedure; they will be judged at a public trial and will have every facility for preparing their defence and choosing their counsel freely.
8. 246. While noting the assurances given by the Government, the Committee feels that it must point out certain contradictions between its statements and the allegations presented. In particular, it would like to obtain more detailed information on the charges made against the detainees, on the precise offences with which they are accused on the facilities available to them for their defence, and on the date on which the trials are to take place.
9. 247. Admittedly, the mere fact of carrying on a trade union activity or holding responsibilities in a trade union does not imply any immunity from ordinary penal legislation. Nevertheless, the Committee has always considered that it must verify for itself whether the persons concerned have been sentenced for common law crimes or for normal trade union activities and, in order to ascertain this, it has frequently requested the Governments concerned to transmit to in the texts of judgements given, with the reasons adduced therefor.

The Committee's recommendations

1. 248. In these circumstances the Committee recommends the Governing Body:
   • (a) to express its concern at the extreme seriousness of the incidents which took place, in particular the death of a number of persons;
   • (b) to draw the attention of the Government and the complainants to the considerations and principles set forth in paragraph 242 respecting the strike held on 26 January 1978;
   • (c) to recall the importance of the principles that any arrested trade unionists must be subject to normal judicial procedure, and must in particular enjoy the guarantees mentioned in paragraph 244;
   • (d) to request the Government to supply more detailed information on the charges brought against the trade union officials named in the appendix hereto, on the specific offences on which they have been accused, on the facilities available to them for their defence, and on when the trials before an independent and impartial judicial authority are to take place; in particular, at the final stage of the procedure, to communicate a copy of the judgements that have been rendered or that will be rendered, in each case, with the reasons adduced therefor;
   • (e) to take note of the present interim report.

APPENDIX

1. List of imprisoned trade unionists
2. A. Members of the executive
3. Habib ACHOUR, Khereddine SALHI, Abdelaziz BOURAOUI, Mustapha GHARBI, Sadok BESBES, Taieb BACCOUCHE, Sadok ALLOUCHE, Mohamed EZZEDDINE, Abdelhamid BELLAID, Hassen HAMOUDIA, Houcine BEN GADDOUR.
4. B. Officials of regional unions
5. - Abderrazak AYOUB, General Secretary, Tunis Regional Union.
6. - Abderrazzak GHORBEL, General Secretary, Sfax Regional Union.
7. - Habib BEN ACHOUR, General Secretary, Sousse Regional Union.
8. - El MEKKI, General Secretary, Zaghouan Regional Union.
9. - EL KEFI EL AMRI, General Secretary, Kasserine Regional Union. (The two last-mentioned have already been sentenced, El Mekki to one year's imprisonment and El Amri to one-and-a-half year's imprisonment.)
10. - Ahmed TRIKI, General Secretary, Sfax Regional Union.
11. - Mohamed GHAABANE, Deputy General Secretary, Sfax Regional Union.
12. - Hafedh GAMOUN, Deputy General Secretary, Sousse Regional Union.
13. - Mohamed BEN AICHA, Deputy General Secretary, Sousse Regional Union.
14. - Sadok GUEDISSA, Deputy General Secretary, Sousse Regional Union.
15. - Mizouni el M'HEMMEDI, Deputy General Secretary, Kasserine Regional Union (sentenced to six months' imprisonment at the beginning of March).
16. Officials of federations national and general unions and local unions
17. - Said GUAGUI, General Secretary of the Food Workers' Federation.
18. - Kessaoud KLILA, General Secretary, Railwaymen's Federation.
19. - Abdelsaelem JRAD, General Secretary, Transport Workers' Federation.
20. - Ismail SAHBANI, General Secretary, Metalworkers' Federation
21. - Allala EL AHRI, General Secretary, Petrochemical Workers' Federation.
22. - Béchir MABROUK, General Secretary, Building Workers' Federation.
23. - El Hadj DAMI, General Secretary, Public Works Federation.
24. - Said EL HADDAD, General Secretary, Electricity Gas Workers' Federation.
25. - Noureddine BAHRI, General Secretary, Teachers' Federation.
26. - Mohamed Salah KHERIJI, General Secretary, National Union of Secondary School Teachers.
27. - Ahmed EL KEHLAOUI, General Secretary, National Union of Technical School Teachers.
28. - Azzouz DHAOUADI, General Secretary, National Union of National Education Workers.
29. - BEN REHOUMA, General Secretary, National Union of National Education Civil Servants.
30. - Salah CHELLI, General Secretary, Local Union of La Goulette and General Secretary, General Union of Tunisian Portworkers.
31. - Salah LASMAR, General Secretary, Enfida Local Union.
32. - Habib GSOURI, General Secretary, Sbeitla Local Union (sentenced at the beginning of March at Kasserine to five years' imprisonment and five years' expulsion).
33. - Mohamed CHARAA, Deputy General Secretary, Petrochemical Workers' Federation.
34. - Mohamed CHAKROUN, Deputy General Secretary, Metalworkers' Federation.
35. - Néji CHAARI, General Secretary, General Radio and Television Workers' Union.
36. - CHOUIKHA, General Secretary, Menzel-Témine Local Union.
37. Officials of basic unions and regional unions
38. - Mokhtar LOUATI, General Secretary, Sfax Radio and Television Workers' Union (sentenced to four months' imprisonment in Sfax on 4 March).
39. - Abdelkader SALLAMI, Deputy General Secretary of the same union (sentenced to 22 months' imprisonment in Sfax on 1 March).
40. - Moncef GHAMKI, ditto (sentenced to two years' imprisonment).
41. - Mohamed AYAB, militant, Sfax union.
42. - Mohamed DAMI, militant, Sfax union.
43. - Jameleddine EZZEDDINE, Deputy General Secretary, Sfax Radio and Television Workers' Union (sentenced to one year's imprisonment).
44. - Abderrazak BOUCETTA, same responsibility, same sentence.
45. - Salah ESSID, General Secretary, SOGITEZ Union, Bir Kassaa.
46. - Ahmed NEFFATI, Deputy General Secretary, DHIA Union, Charguia.
47. - Abdelmajid SAADGOUI, General Secretary, SOTUVER Union, Mégrine.
48. - KRICHEN, Deputy General Secretary, Basic Union of the Port Office.
49. - Borni EL ALLAGI, General Secretary, Sbeitla Primary-School Teachers' Union (sentenced to five years' imprisonment at Kasserine at the beginning of February).
50. - Ahmed CHAABANE, union delegate, Société générale industrielle, Mégrine.
51. - Touhami HAYDRI, union delegate, Société Le Carrelage, Tunis.
52. - Rachid SLOUGUA, General Secretary, Basic Union of the Abou el Kassem Chebbi Hospital, Tunis.
53. - Mustapha BOUSLAH, union delegate, SOGITEZ, Bir KASSAA.
54. - Ali NAHDI, General Secretary, Regional Union of Secondary School Teachers, Sousse.
55. - Ali Ben SALAH, General Secretary, Regional Union of Primary School Teachers, Sousse.
56. - Moncef GMAR, Deputy General Secretary, Regional Union of Primary School Teachers, Sousse.
57. - Belgacem KHARCHI, General Secretary, Peñarroya Basic Union, Mégrine.
58. - Ahmed LAJILI, General Secretary, Forestry Workers' Regional Union, Tozeur.
59. - Mohamed RASSAOUI, General Secretary, Continental Hotel Workers' Union, Tozeur.
60. - Lamine CHERIF, General Secretary, Regional Union of Agricultural Technicians, Tozeur.
61. - Mohamed AYOUB, General Secretary, School Supervisors' Union, Tozeur.
62. - Bouraoui ATTIA, Sousse correspondent of the newspaper "Ech Châab".
63. - El Ajmi HFAIEDH, General Secretary, Regional Union of Building Workers, Sousse.
64. - Amor DELAJOURA, union representative, Boujjafer Hotel, Sousse.
65. - Rachid THABEF, member of the Secondary School Teachers' Union, Sousse.
66. - Ajmi HATHLOUMII, member of the Secondary School Teachers' Union, Sousse.
67. - Abdellaziz BEN AICHA, union delegate, Heillouli factory, Sousse.
68. - Brahim FARHAF, union delegate, STERC company, Sousse.
69. - Sadok MORJAME, member of the Primary School Teachers' Union, Sousse.
70. - Mohamed BELAJOUZA, workman, Sousse.
71. - Mohamed Haceur DJELASSI, SIMET company, Tunis.
72. - Ali TRABELSI, SIMET company, Tunis.
73. - Hédi ED-DEB, Petrochemical Workers' Federation.
74. - Salem EL HADDAD, General Secretary, Secondary-School Teachers' Union, Monastir.
75. - Ali EL MATHIOUTHI, union delegate, Mégrine cork factory.
76. - Jilani EL CABSI, union delegate, United Foundries, Mégrine.
77. - Mongi EL AYARI, idem.
78. - SAAD BELLOUMI, trade unionist, Sousse, witness to the attempt to assassinate Habib Achour.
79. - Mohamed ENAOUI, driver, union delegate, SNT.
80. - Amar HAMAIDI, Deputy General Secretary, SOTUVER Union.
81. - OUANAS SAHHOUN, Secretary, Menzel-Témine Local Union.
82. - GADER LAMAA, member of the executive, Menzel-Témine Local Union.
83. - Hédi JOMAA, trade union veteran, Sousse.
84. - Hédi TENJAL, member of the Nurses' Union, Sousse.
85. - Néji ERMADI, employee of the newspaper "Ech-Châab".
86. - Abdellaziz EJAOUADI, bricklayer, member of the Building Workers' Federation.
87. - Ali BRANDHANE, agricultural union official.
88. - Mehhi BEN ABDOURAHMAN, union official, Zaghouan.
89. - Mohamed KOUHI, union militant, Sousse.
90. - Hedi DER, union militant, Railwaymen's Union.
91. E. Other persons
92. - Salah B'ROUR, private secretary to the General Secretary of UGTT.
93. - Homadi BOUHHELFI, private driver to the General Secretary of UGTT.