Informe provisional - Informe núm. 311, Noviembre 1998

Caso núm. 1851 (Djibouti) - Fecha de presentación de la queja:: 19-SEP-95 - Cerrado

Allegations: Dismissals and suspensions of trade unionists following strike action, confiscation of trade union archives, interference with May Day demonstrations

• Allegations: Dismissals and suspensions of trade unionists following strike action, confiscation of trade union archives, interference with May Day demonstrations
  462. 462 The Committee has already examined Cases Nos. 1851 and 1922 on several occasions, most recently at its March 1998 meeting, when it submitted an interim report to the Governing Body taking into account information gathered by a direct contacts mission to Djibouti in January 1998. (See 309th Report, paras. 224-251, approved by the Governing Body at its 271st Session in March 1998.)
  463. 463 Since the last examination of the case, the Djibouti Inter-Trade Union Association of Labour/General Union of Djibouti Workers (UDT/UGTD) sent additional information and new allegations on 31 May 1998.
  464. 464 The Government sent certain observations in a communication dated 11 July 1998.
  465. 465 Djibouti 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. 466. During its March 1998 session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) The Committee notes with interest the spirit of cooperation shown by the Government in this matter and the facilities made available to the direct contacts mission, which was able to obtain all the information it required and to meet all the people whom it wished to interview, and expresses the hope that the Government will continue to act in the same spirit.
   • (b) The Committee also notes with interest that nobody is currently in prison or subject to judicial proceedings for actions relating to the exercise of freedom of association or the right to strike. Nevertheless, noting that many people were held for 72 hours at the Nagad detention centre following strikes and peaceful demonstrations in 1995, 1996 and 1997, and that the subsequent release of the persons in question was often the result of intervention by the Minister of Education, the Committee recalls the importance of the right to strike which is inextricably bound up with the right of freedom of association protected by Convention No. 87. It therefore emphasizes that the arrest or detention, even if only briefly, of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principle of freedom of association and requests the Government in future to respect that principle.
   • (c) The Committee also notes with satisfaction that the keys to the UGTD premises closed by the police since 7 May 1996 were returned to the spokesman of the Inter-Trade Union Association/General Union of Djibouti Workers UDT/UGDT on 15 January 1998 during a meeting that took place in the office of the Minister of Labour with representatives of the trade union organizations in the presence of the mission. Nevertheless, the Committee notes with concern that on 16 July 1997, the trade union archives of the UDT were confiscated by the authorities at the home of the union's president and have not been returned. The Committee draws the Government's attention to the principle of the inviolability of trade union premises and calls on the Government to return the archives in question as quickly as possible and to keep it informed of any measures taken in this respect.
   • (d) The Committee notes with interest that many workers dismissed for their participation in strikes and demonstrations have been reinstated in their office and that the unemployed serving as temporary replacements for the striking teachers were not kept on, to the satisfaction of the trade union organizations in question. However, the Committee notes with grave concern that the senior officials of the Inter-Trade Union Association who were dismissed two and a half years ago for calling for strike action in protest against the Government's economic and social policy and several trade unionists named by the complainants have still not been reinstated in their posts; and that two primary schoolteachers were dismissed in 1996 and five established secondary schoolteachers were dismissed and disqualified from the public service in February 1997 following a strike. The Committee expresses the hope that the Government will implement the timetable of meetings established at the meeting which took place during the direct contacts mission at the Ministry of Labour with the trade union organizations and urges the Government to ensure that the trade union officials and trade unionists who were dismissed or suspended are reinstated in their posts and office if they so request. The Committee requests the Government to keep it informed of any developments in this respect. In this respect, noting the conditions in which strikers were reinstated in their posts, the Committee emphasizes the importance it attaches to the principle that declarations of loyalty or other similar commitment should not be imposed as a condition for reinstatement and it urges the Government to annul these declarations.
   • (e) The Committee requests the Government to exercise the greatest vigilance in promoting and defending freedom of association and accordingly to take any necessary measures to ensure that the complaints lodged by the trade union organizations or trade unionists concerned, as well as those lodged by Mr. Aref, are investigated, and to communicate the text of any judicial rulings handed down regarding the disciplinary and penal situation of Mr. Aref, the trade unionists' lawyer.
   • (f) Finally, the Committee expresses the hope that the revision of labour legislation currently under way will take place in consultation with all the social partners, whether employers or workers, and that it will lead to the adoption of provisions consistent with the principles of freedom of association, in particular with regard to the exercise of the right to strike and the election of trade union officials. The Committee requests the Government to keep it informed in this respect.

B. New allegations of the complainants

1. 467. In its communication of 31 May 1998, the Inter-Trade Union Association of Labour/General Union of Djibouti Workers (UDT/UGTD) states that none of the measures promised to the direct contacts mission has been implemented: (1) the trade union leaders have still not been reinstated; despite assurances given to the mission, this matter has not been specifically addressed; (2) despite the agreement reached between the UDT/UGTD and the Government in the presence of the ILO, the Labour Code is being revised unilaterally by the Ministry of Labour without any consultation with the social partners; (3) anti-union measures have continued and have intensified since the publication of the report of the direct contacts mission; (4) the leaders of the health workers' union who had been imprisoned following strikes have been released, but tension remains and the demands put forward by these workers have still not been taken into account; (5) the Ministry of Labour refused to allow members of the UDT/UGTD, the sole representative workers' organization, to join the delegation to the International Labour Conference in June 1998; (6) May Day celebrations in 1998 took place under close police surveillance and the Ministry of the Interior banned meetings in front of UDT/UGTD headquarters; (7) the Government adopted new measures to cut wages, although seven months' wages from last year remain unpaid; (8) increasing poverty, nepotism, corruption and embezzlement with impunity are creating fears of an unprecedented social explosion.
2. 468. In conclusion, the complainants demand the immediate and unconditional reinstatement of the trade union leaders who were dismissed in September 1995 and September 1996 and payment of their wages that were frozen after those dates; compliance with Conventions Nos. 87 and 98; implementation of the agreement signed by the UDT/UGTD and the Government concerning the revision of the Labour Code; an end to anti-union measures and the removal of obstacles to trade union meetings; and recognition of the UDT/UGTD as a social partner, in accordance with the spirit of tripartism.

C. The Government's reply

1. 469. In its communication of 11 July 1998, the Government provided certain information in response to the last communication of the UDT/UGTD.
2. 470. With regard to the dismissals, the Government replies that talks with the trade unions have not yet ended.
3. 471. With regard to the revision of the Labour Code, the Government maintains that, contrary to the complainants' allegations, the trade unions were invited to take part in this work but made reinstatement of the dismissed workers a precondition for doing so. They rejected the Government's proposal that they should take part in the revision of the Labour Code while talks on the dismissals were in progress.
4. 472. With regard to the anti-union measures, the Government states that there have been no such measures directed against the trade unionists and notes that the complainants offer no evidence in support of their allegations.
5. 473. With regard to participation by UDT/UGTD representatives as Djibouti workers' representatives at the International Labour Conference, the Government affirms that the workers are indispensable partners and that it has always taken their demands into consideration. However, it was unable for economic reasons to attend the International Labour Conference in June 1998.
6. 474. With regard to the interference with the May Day demonstrations, the Government states that May Day passed peacefully and no incidents were reported.
7. 475. With regard to delays in the payment of wages and wage cuts, the Government explains that wages for January, February and March 1998 have been paid to the workers concerned.

D. The Committee's conclusions

1. 476. The Committee notes that the aspects of the cases still pending after its examination in March 1998 concerned the following points: measures to be taken with a view to restoring the UDT trade union archives that had been confiscated on 16 July 1997; measures to be taken to reinstate all the trade union leaders and members who had been dismissed or suspended, if they so requested; the need for meetings with the trade union organizations, as arranged during the meeting that took place during the direct contacts mission at the Ministry of Labour; measures to be taken to investigate the complaints lodged by the trade union organizations and trade unionists and by Mr. Aref; information on the revision of labour legislation and, in particular, on consultations with the social partners -- employers and workers -- in this respect.
2. 477. The Committee notes the contradictory nature of the information provided by the complainants and the Government. In particular it notes with great concern that, according to the complainants, the trade union situation has deteriorated, that the senior leaders of the UDT and the trade unionists dismissed in 1995, 1996 and 1997 have still not been reinstated, that the social partners have not been consulted on the revision of the Labour Code and that the Minister of the Interior has even banned May Day meetings in front of UDT/UGTD headquarters.
3. 478. The Committee also notes with deep concern that the Government has provided only very partial information on these allegations and that it has not sent any positive response regarding measures taken to re-establish freedom of association. Under these circumstances, the Committee can only reiterate its previous recommendations and adds, with regard to allegations concerning the ban on May Day meetings in front of UDT/UGTD headquarters, that the right to organize public meetings and processions on the occasion of May Day constitutes an important aspect of trade union rights. (See Digest of decisions and principles of the Freedom of Association Committee, 4th (revised) edition, 1996, para. 134.)

The Committee's recommendations

1. 479. In the light of the foregoing interim conclusions, the Committee, noting with deep concern that, despite the promises made by the Government to the direct contacts mission, no tangible progress has been made towards the full restoration of freedom of association, invites the Governing Body to approve the following recommendations:
   • (a) The Committee strongly urges the Government to restore freedom of association in full, and in particular to urgently take the following measures:
     • -- return the UDT trade union archives confiscated on 16 July 1997;
     • -- reinstate in their posts and functions all the trade union leaders and members who were dismissed or suspended, if they so request, especially the senior union leaders of the UDT/UGTD who were dismissed more than three years ago;
     • -- investigate the complaints lodged by Mr. Aref and all the trade unionists concerned;
     • -- undertake consultations with the social partners on the revision of the Labour Code;
     • -- ensure that workers in future can hold public meetings on May Day, given that such meetings constitute an important aspect of trade union rights.
   • (b) The Committee urges the Government to provide detailed information as a matter of urgency on any concrete measures that it takes to implement the above recommendations.