Rapport intérimaire - Rapport No. 127, 1972

Cas no 644 (Mali) - Date de la plainte: 28-OCT. -70 - Clos

1. 226. The complaints were addressed direct to the Director-General of the ILO by the All African Trade Union Federation, the World Federation of Trade Unions and the National Workers' Union of Mali in communications dated 28 October 1970, 19 November 1970 and 4 January 1971 respectively. Further information concerning the allegations was submitted by the World Federation of Trade Unions in a communication dated 15 December 1970 and by the All-African Trade Union Federation in a communication dated 14 January 1971. The National Workers' Union of Mali, in a communication dated 13 February 1971, withdrew its complaint.
2. 227. The above-mentioned complaints and further information were forwarded, as they were received, to the Government, which communicated its observations thereon in a letter dated 27 August 1971.
3. 228. Mali 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. A. The complainants' allegations

1. 229. In their communications, the All-African Trade Union Federation and the World Federation of Trade Unions requested the intervention of the ILO following the alleged dissolution of the National Workers' Union of Mali (UNTM) and the seizure of its assets by the authorities. The first of the complainants alleged that their organisation had sent a delegation to Mali which was able to see for itself how impossible it was for the workers' organisations to pursue their lawful activities.
2. 230. The complainants state that, following the military coup d'état of November 1968, the authorities, after arresting and removing a number of trade union leaders, including the General Secretary, Famady Sissoko, dissolved the trade union executive, which had been democratically elected, and banned trade union activity throughout the country. Sissoko, the complainants add, was still in custody without having been brought to trial.
3. 231. In February 1969, the complainants continue, the individual trade union organisations, under government supervision, formed a Committee to make preparations for a. Congress and for the executives of all the unions in question to be renewed by means of elections.
4. 232. On 25 September 1970, add the complainants, the democratically elected representatives of the workers, with the authorisation of the Government, assembled for the Congress of the National Workers' Union of Mali. The complainants state that the representative character of the Congress was attested to by the presence of the Government and of the Chief of State himself at the opening sitting.
5. 233. No sooner had the Congress ended and the union statutes been deposited than the authorities refused to recognise the elected executive and ordered the dissolution of the National Workers' Union of Mali, the confiscation of its assets and the occupation of its premises.
6. 234. The complainants conclude by stating that the arguments put forward by the authorities as justification for these repressive measures are completely unfounded. The UNTM Congress in no way overstepped the normal rights of a trade union organisation in defending the material, moral, economic and social interests of the workers.
7. 235. In its communication dated 4 January 1971, the National Workers' Union of Mali (UNTM) also describes the Congress held at Bamako from 25 September to 3 October 1970, during which the Minister of Labour expressed the Government's support for the existence of a trade union movement which would be free from any interference by the authorities. According to the complainants, the Minister of Labour stated that, as far as candidates for office were concerned, the Government would be willing to collaborate with any persons who should be elected. The complainants go on to describe the dissolution of the elected executive of the UNTM by the Government, the non-recognition of the statutes adopted, the seizure of its assets and the occupation of the premises of the trade union (Bourse du travail) by the security forces.
8. 236. The National Workers' Union of Mali, in a further communication dated 13 February 1971, withdrew its complaint of 4 January 1971 against the Government. According to this communication, the trade union situation which had arisen after the receipt of a communiqué of the Military Committee for National Liberation (CMLN) concerning the non-recognition of the executive of the UNTM was re-examined at a joint Government-trade union meeting held in Bamako on 5 February 1971. The communication states that the workers recognised that they had misinterpreted the communiqué and had decided (1) to put an end to inter-union dissension and (2) to keep their activities strictly within the framework of the national economic development programme and to strive for its full success. The Government, according to this communication, being anxious to bring about national reconciliation, had decided to overlook the past. The Committee also took note of a communication dated 17 September 1971, addressed to the ILO by the Coordination Committee of National Trade Unions of Mali, in which it is stated that the workers of Mali support, without any reservation, the explanations given by the Government in reply to the complaints presented against it by certain international organisations.
9. 237. The Committee will examine later in the present report the question of the withdrawal of the complaint by the UNTM.
10. 238. The Government, in its reply dated 27 August 1971, confines itself to answering the allegations contained in the complaints of the World Federation of Trade Unions and the All-African Trade Union Federation.
11. 239. The Government states that it was not correct to assert that the UNTM had been dissolved, even if the Provisional Consultative Committee of the UNTM had been dissolved and some of its elected members not recognised. It should be recalled, states the Government, that the Provisional Consultative Committee had been set up by the Government to ensure the continuity of the trade union movement since the workers themselves had denounced the former trade union leadership after the events of November 1968 which led to a change of régime in the Republic of Mali. The mandate of this Provisional Consultative Committee would normally have expired when the Congress opened. Even if this Committee of the UNTM has been dissolved, the UNTM has none the less been able to pursue its activities through the national trade unions, the national sections of trade unions, the trade union divisions and the works Committees. This, contends the Government, is further proof of its existence.
12. 240. With regard to the non-recognition of various leaders elected by the Congress, the Government provides as an explanation the following quotation from the communiqué issued by the Military Committee for National Liberation: " In spite of everything, it has been observed that the second Congress of the UNTM has not taken into consideration the concern shown by the CMLN and the Government in this transitional period during which every energy should be directed towards re-establishing the economy, the reconciliation of hearts and minds and the realisation of national unity ". This attitude of the Congress-adds the Government-provoked a dangerous split in the ranks of the trade union movement in Mali, and consequently a demagogic outbidding of such a nature as to upset the social order, and lessen the total output and productivity.
13. 241. The Government continues that this communiqué indicates that the CMLN was not prepared to tolerate any disturbance of the social and public order caused by an activist trade union movement. Furthermore, adds the Government, in view of the split in the ranks of the Congress, the CMLN considered that it should not recognise the officials elected by the Congress.
14. 242. As regards the allegation that the assets of the UNTM were confiscated, the Government points out that the measures taken in this connection were for the control and protection of all assets, both movable and immovable, of the UNTM, which found itself in special circumstances. Since the UNTM was subsidised by the State, the Government was competent to supervise the purpose to which this subsidy was being put. The Government adds that an end has now been put to the measures which were taken and that the trade union premises have now been handed back to the unions.
15. 243. The Government adds that it pointed out to the workers, in an address given on 1 May, that it was forced to take the steps it took because of the serious dissensions amongst the trade union leaders during the Congress, but that this situation was being resolved and in no way affected the confidence of the Government in the workers, provided the trade union movement operated in such a way as not to impede the Government in ensuring public order, the continuity of the State and the proper functioning of its institutions.
16. 244. Certain events, continues the Government, show that the situation between the trade unions and the authorities has continued to develop in a favourable manner. For example, states the Government, on 5 February 1971, the Government of Mali was obliged to explain to the Secretaries-General of the national trade unions its reasons for taking the steps it did against the unions. In this spirit of understanding, the UNTM felt it necessary to withdraw its complaint to the ILO. The process of a return to normality was continued by the establishment on 10 July 1971 of a Co-ordination Committee of National Trade Unions consisting of the 13 national trade unions and having 26 members, forming the executive Committee, from now on dealing with the affairs of the Mali trade union movement. Finally, adds the Government, on 9 August 1971 an inventory of the assets of the UNTM was taken and these were handed over to the Co-ordination Committee of National Trade Unions, thus henceforth permitting the free exercise of trade union activities.
17. 245. The Government states that, since the independence of the country in 1960, it has fully respected freedom of association and has constantly affirmed its willingness to guarantee the trade union rights of the workers, and to permit the free exercise of trade union activities as long as there was a corresponding respect for law and order. " That is why " states the Government " the Military Committee for National Liberation, following the events of 19 November 1968, after dissolving the leadership of the trade union movement, set up a provisional consultative Committee to manage the assets of the UNTM until a new executive could be freely and democratically elected."
18. 246. The Committee observes that the complaints essentially concern the arrest and imprisonment of several trade union leaders (including, in particular, Mr. Famady Sissoko, General Secretary of the UNTM), following the change of régime in Mali on 19 November 1968, the dissolution of the executive of the National Workers' Union of Mali (UNTM) by the authorities, the refusal of the authorities to recognise the new executive of the UNTM elected at its second Congress which took place between 25 September 1970 and 3 October 1970, the refusal to recognise the statutes adopted at that Congress, the confiscation of the assets of the UNTM and the occupation of its premises.
19. 247. According to the Government's statement in reply to the allegations, a provisional consultative Committee was set up by the Government following the coup d'état to ensure the continuity of the trade union movement during a transitional period and until a democratically elected executive could replace it. At the second Congress of the UNTM a new executive Committee was elected and the provisional consultative Committee was accordingly dissolved, its mandate having come to an end. This new executive was not, on the Government's own admission, recognised by the authorities on the grounds that the national trade union movement had, at the Congress, shown itself to be divided into different factions, a situation which was liable to upset or disturb the social order.
20. 248. Despite the non-recognition of the national executive, the Government explains that the UNTM, at the regional and branch levels, continued to function normally, and that, on 10 July 1971, a new national body, the Co-ordination Committee of National Trade Unions, was set up, representing 13 national unions and having an executive Committee of 26 members to deal with the affairs of the Mali trade union movement.

B. B. The Committee's conclusions

1. 249. In the circumstances, the Committee considers it appropriate to point out, with regard to this aspect of the case, that it raises questions having a direct effect on trade union rights in Mali. The Committee has always attached importance to the principle embodied in Article 3 of Convention No. 87, ratified by Mali, that the public authorities should refrain from any interference which would restrict the right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities. The Committee considers that the action taken by the authorities after the coup d'état in November 1968 with regard to the trade unions, the setting up by the Government of a provisional consultative Committee and the refusal to recognise the executive Committee which had been elected at the Congress of September-October 1970 were in breach of this principle.
2. 250. The Committee is also of the opinion that the Government's refusal to recognise the statutes adopted by the Congress of the UNTM is at variance with the principle that workers' organisations should have the right to draw up their Constitutions and rules without interference by the public authorities (Article 3 of Convention No. 87).
3. 251. With regard to the taking over of the assets of the UNTM, the Committee notes the Government's statement that this action was taken for the control and protection of these assets. It also notes the Government's statement that it was the Government's prerogative to take over these assets since the UNTM is subsidised by the State. The Committee has also observed that these assets have been handed back to the unions.
4. 252. The Committee considers that the repercussions which financial aid may have on the autonomy of trade union organisations depend essentially on circumstances and it is a question of fact which must be examined in the light of the circumstances in each case. In view, however, of the Government's attitude in considering, in the present case, that subsidising a trade union gives a government the right to confiscate the assets of that union at its discretion, the Committee finds it appropriate to point out that financial independence of trade unions-which is of considerable importance for the free exercise of trade union activities-implies that workers' organisations should not be financed in such a way as to allow the public authorities to exercise discretionary powers over them. In the present circumstances, the Committee considers that the Government's action in taking over the assets of the UNTM constituted a clear interference in the activities of this union, contrary to Article 3 of Convention No. 87.
5. 253. Finally, the Committee notes that the Government, in its reply, makes no reference to the allegation that a number of trade union leaders, including Mr. Famady Sissoko, General Secretary of the UNTM, were arrested after the coup d'état in November 1968.
6. 254. The Committee will now deal with the request made by the National Workers' Union of Mali for the withdrawal of its complaint. This raises a procedural point which the Committee has already been called upon to examine in the past. The Committee has previously expressed the view that the desire shown by a complaining organisation to withdraw its complaint, while constituting a factor to which the greatest attention must be paid, is not, however, in itself sufficient reason for the Committee to cease automatically to proceed with the examination of the complaint. The Committee decided that it should be guided in this respect by the conclusions approved by the Governing Body in 1937 and 1938 with regard to two representations submitted z in accordance with article 23 of the Constitution of the Organisation (now article 24). The Governing Body at that time established the principle that, from the moment that a representation was submitted to it, it alone was competent to decide what effect should be given to it, and that " the withdrawal by the organisation making the representation is not always proof that the representation is not receivable or is not well founded." The Committee considered that, in implementing this principle, it is free to evaluate the reasons given to explain the withdrawal of a complaint and to investigate whether these appear sufficiently plausible to lead one to believe that the withdrawal was made in complete independence. The Committee observed 3 that cases might exist in which the withdrawal of a complaint by the organisation presenting it would be a result, not of the fact that the complaint had become without purpose, but of pressure exercised by the government against the complainants, the latter being threatened with an aggravation of the situation if they did not consent to this withdrawal.
7. 255. In the present case, the facts and information before the Committee suggest that the Government pursued a course of action which was inconsistent with the free exercise of trade union rights and accordingly the Committee cannot be assured that the decision to withdraw the complaint submitted by the UNTM was made in full independence. In any event, the Committee had before it two further receivable complaints on the same issues, which it was called upon to examine.

The Committee's recommendations

1. 256. In all these circumstances, and with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government to the fact that the measures taken by it, as referred to in paragraphs 249, 250, 251 and 252 above, are contrary to the generally accepted principles of freedom of association and to the guarantees laid down in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Mali;
   • (b) in particular, to draw the attention of the Government to the principles, expressed in Article 3 of Convention No. 87, that " workers' and employers' organisations shall have the right to draw up their Constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes ", and that " the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof ";
   • (c) to point out the importance which should be attached to the financial independence of trade unions, which implies that workers' organisations should not be financed in such a way as to allow the public authorities to exercise discretionary powers over them;
   • (d) to request the Government to supply detailed information concerning the trade unionists, in particular Mr. Famady Sissoko, who are alleged to have been arrested in November 1968, to state whether these persons have been brought to trial, and, if so, to furnish the text of the judgements;
   • (e) to take note of the present interim report, it being understood that a further report will be submitted when the information requested above has been supplied by the Government.