Rapport définitif - Rapport No. 202, Juin 1980

Cas no 899 (Tunisie) - Date de la plainte: 01-FÉVR.-78 - Clos

1. 107. The Committee has already examined this case on several occasions, the most recent of which was in February 1980, when it submitted an interim report to the Governing Body.
2. 108. Since then the Postal, Telegraph and Telephone International has sent a letter dated 6 May 1980. The Government transmitted a communication to the ILO on 12 May 1980.
3. 109. Tunisia has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1946 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 110. The case concerns the after-effects of a 24-hour general strike called on 26 January 1978, which resulted, inter alia, in the arrest and conviction of numerous trade union officials, including Habib Achour, General Secretary of the Tunisian General Labour Union (UGTT).
2. 111. Subsequently the Committee noted with interest that 78 of the trade unionists listed in the complaints were at liberty and that Mr. Habib Achour had been granted a pardon by the Head of State on 3 August 1979.
3. 112. However, the questions still outstanding concern three issues: the fact that 14 of the trade union leaders listed in the Annex to the 97th Report of the Committee are still in detention; the fact that Habib Achour is still under house arrest despite the pardon he was granted and the possibility of former UGTT officials who were convicted, but released, to assume once again trade union functions.
4. 113. In March 1980, the Governing Body, on the recommendation of the Committee:
   • - stressed that a re-examination of the situation of the 14 trade union officials who are still imprisoned and who are mentioned in the Annex to the 197th Report of the Committee would help to reduce any tension which may still remain following the strike of January 1978, and to restore full trade union freedom;
   • - regretted that the Government had not supplied more precise information regarding the situation of Habib Achour;
   • - requested the Government to keep the Committee informed of any new measures which may be taken in respect of either Habib Achour or the imprisoned trade unionists;
   • - drew the attention of the Government to the considerations set forth in paragraph 225 of the 199th Report concerning the conditions of eligibility of trade union officials.

B. New developments

1. 114. In its letter, the Postal, Telegraph and Telephone international refers to the release of Mohamed Ezzedine, a member of its executive Committee, and of five other arrested persons.
2. 115. In its communication, the Government states that during the festivities marking the 24th anniversary of the gaining of independence, the Head of State pardoned Khéréddine Salhi, Taieb Baccouche, Hassine Ben Gaddour, Abderrazak Ayoub, Insmail Sahbani, Néji Chaari, Mustapha Gharbi and Abdelaziz Belaid.
3. 116. Moreover, the Government adds that on May Day other measures of clemency were taken concerning Mohamed Chakroun, Sadok Besbes, Hassen Hamoudia and Mohamed Ben Ezzedine. It also states that following these pardons, all former members of the UGTT executive office who had been involved in the events of 26 January 1978 were released.
4. 117. Lastly, the Government states that it has taken note of the Committees observations regarding the conditions of eligibility for trade union office.
5. 118. The Committee has also been informed that the Director-General of the ILO visited Tunis on 25 to 27 April 1980. On this occasion he was able to meet the Head of State. The Director General also visited Mr. Habib Achour.

C. The Committee's conclusions

1. 119. The Committee notes with interest the measures of clemency granted to 12 of the trade union officials arrested in January 1978. However, the Committee must point out that two of the persons listed by the complainants have not yet been released. These are Salah B'Rour, former special secretary to the UGTT General Secretary, sentenced to six years' forced labour, and Abderrazak Ghorbal, former General Secretary of the Sfax Regional Federation sentenced to ten years' forced labour.
2. 120. More than two years save passed since the events of January 1978 took place and the Committee is of the opinion that any further measure of clemency taken both as regards the former trade union officials who still do not enjoy full freedom of movement, and as regards the two persons still detained, would help to form the necessary foundation for a full restoration of freedom of association. The Committee also considers that it must point out that with a view to the development of the Tunisian trade union movement in a spirit of conciliation it would be desirable that the Government envisage taking measures to allow the trade unionists detained after the events of January 1978 once again to assume trade union office.

The Committee's recommendations

1. 121. In these circumstances, the Committee recommends the Governing Body:
   • (a) to take note of the Director-General's visit to Tunis on 25 to 27 April 1980;
   • (b) to note with interest the measures of clemency granted to 12 trade union officers;
   • (c) to note that these measures appear to subscribe to the return to a fully normal trade union situation which is presently taking place;
   • (d) to draw the attention of the Government to the considerations set out in paragraph 120 above concerning measures which could be taken regarding the release, freedom of movement and the possibility of trade unionists detained after the events of January 1978 to assume trade union office;
   • (e) to request the Government to keep the Committee informed of any measures which might be taken in this regard.