Rapport intérimaire - Rapport No. 256, Juin 1988

Cas no 1423 (Côte d'Ivoire) - Date de la plainte: 20-AOÛT -87 - Clos

1. 383. The World Federation of Teachers' Unions presented a complaint against the Government of Côte d'Ivoire alleging violations of trade union rights in communications dated 20 August, 1 and 8 September 1987. The Federation presented further allegations and information in communications dated 28 September and 14 October 1987 and 19 and 21 January 1988.
2. 384. Despite numerous requests to the Government for its observations, no reply was received and the Committee, at its February 1988 meeting, addressed an urgent appeal to it for its comments on the allegations (254th Report, para. 13, approved by the Governing Body at its 239th Session, February-March 1988). On that occasion, the Committee drew the Government's attention to the fact that it would present a report on the substance of this case at its next meeting, even if the Government's observations had not been received at that date. The Government has not replied to this urgent appeal.
3. 385. Côte d'Ivoire has ratified the Freedom of Association and Protecion 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. 386. In its initial communications, the World Federation alleges that its affiliate in the country, the National Union of Secondary School Teachers of Côte d'Ivoire (SYNESCI), was the subject of violent harassment during its 15th Ordinary Congress held in Abidjan in July 1987. In particular, the complainant lists the following acts of interference condoned by the public authorities: when a member of the Union's legitimate executive was hurt by thugs during the work of the Congress the Congress was suspended, but certain non-paid up elements went ahead with an illegal creation of an executive; the unlawful executive claiming to represent the SYNESCI then occupied its headquarters with the help of the National Police; SYNESCI's assets and its purchasing co-operative were taken over by the police and the Union's bank accounts frozen by order of the Minister for National Education in favour of the unlawful executive committee; SYNESCI's officers were threatened with removal from their public service posts and transfer.
2. 387. According to the complainant, these actions violate Conventions Nos. 87, 98 and 151 as well as the Joint ILO/UNESCO Recommendation concerning the status of teachers, 1966. It states that the Government incited this violence in an attempt to eliminate an independent, autonomous and democratic organisation because it was helping in the formation of a national federation of unions covering various levels of education and because it maintained a certain independence vis-à-vis the unique political party.
3. 388. In its telex of 8 September 1987, the complainant alleges that SYNESCI's Secretary-General, Mr. Laurent Akoun, was arrested on 3 September. In its telex of 28 September, the complainant announces the further arrest of Mr. Bertin Ganin, Deputy Secretary-General of SYNESCI, the Treasurer, the Assistant Treasurer and five other members of the legitimate national executive of the Union.
4. 389. In a communication dated 14 October 1987, the complainant supplies a list of 55 SYNESCI activists who were the subject of transfers when the new school year began, contrary to the rules governing scholastic institutions.
5. 390. The complainant's letter of 19 January 1988 describes the current situation, alleging that the unlawful executive had received financial support from the political authorities so as to organise meetings throughout the country under police protection. It states that on 14 September 1987, the President of the country received the unlawful executive and the press reported that he gave it his full support. It adds that the court proceedings initiated against arrested SYNESCI leaders concern "misappropriation of union funds"; on the other hand, at the date of writing, the courts had not heard the action brought by SYNESCI against the illegal continuation of the 15th Congress by the unlawful executive. On 4 December the trial of the Secretary-General, Treasurer and Assistant Treasurer commenced, and, after ten hours of hearings, they were sentenced to six and four months' imprisonment. In conclusion, the complainant states that, although two detained female members of SYNESCI have been released, they have been dismissed from the public service; three other detainees are in the Civil Prison at Yopougon, 13 are in the Séguéla Military Camp, 18 have had their salaries suspended and six are currently suspended from duties.
6. 391. In its communication of 21 January 1988, the complainant confirms, following investigations on the spot, that the 24 teachers involved, members of SYNESCI, had respected the law and were involved in legitimate actions for the benefit of their colleagues when they were victimised by the various measures listed above. The complainant supplies a list describing the actual situation of the 24 teachers (see Annex).

B. The Committee's conclusions

1. 392. Before examining the substance of the case, the Committee considers it necessary to recall the considerations it set out in its First Report (para. 31), and which it has several times had occasion to repeat: the purpose of the whole procedure set up in the ILO for the examination of allegations of violations of freedom of association is to promote respect for trade union rights in law and in fact. As the procedure protects governments against unreasonable accusations, governments on their side should formulate, so as to allow objective examination, detailed replies to the allegations brought against them. The Committee wishes to stress that, in all the cases presented to it since it was first set up, it has always considered that the replies from governments against whom complaints are made should not be limited to general observations.
2. 393. The Committee therefore deplores the fact that the Government has not sent any reply and that it is obliged, because of the time which has elapsed, to examine the case without being able to take account of the Government's observations.
3. 394. The Committee notes that the allegations in this case concern numerous violations of the freedom of association of a national teachers' organisation, ranging from government support of an unlawful executive committee through to the continued detention or suspension from posts of its officers. It also appears that during anti-union violence led by the police during the union's annual congress, one unionist teacher was wounded. The Committee expresses its deep concern over this situation and hopes that the Government, having taken note of the following considerations, will do its utmost to ensure that respect for the trade union rights of teachers is guaranteed in Côte d'Ivoire.
4. 395. The Committee notes that the first set of allegations centres on the Government's support (both material in the form of handing over bank accounts and occupying SYNESCI's headquarters, and psychological in the form of police protection of meetings and a visit with the President of the country) of an executive of the same union which was unlawfully set up after violence had suspended the proceedings of the union's annual congress. The Committee observes that it has had occasion in the past to consider similar allegations (see, for example, 251st Report, Case No. 1271 (Honduras), para. 286) and has recalled that freedom of association implies the right of workers' organisations to organise their affairs and activities without any interference on the part of the public authorities. In the present case, it is clear that the Government has interferred by favouring one faction to the detriment of the other.
5. 396. The Committee observes that the original executive of SYNESCI has challenged before the courts the illegal continuation of the congress, but that as of January 1988 its action had not been heard. The Committee therefore trusts that SYNESCI will have its case heard before the courts as soon as possible.
6. 397. As regards the arrest in September 1987 of the Secretary- General, Deputy Secretary-General, Treasurer and Assistant Treasurer and 14 other union officials (see Annex), the Committee notes that Mrs. Walbridge and Miss Diby were released after two months' detention, apparently without any charges, and that the Secretary, Treasurer and Assistant Treasurer were tried and sentenced in December 1987 to six and four months' imprisonment for misappropriation of union funds. While recognising that under Article 8 of Convention No. 87, unionists, like any other citizens or organised groups, must respect the law of the land, the Committee would nevertheless request the Government to supply it with copies of the judgements in question so that the Committee will be in a position to examine further this aspect of the case in full knowledge of the facts. Indeed, the Committee has stated on many occasions (for example, 214th Report, Case No. 1093 (Bolivia), para. 388) that trade union activities should not be used in themselves by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists. In addition, the Committee has emphasised that when it requests a government to furnish judgements in judicial proceedings, such a request does not reflect in any way on the integrity or independence of the judiciary; the very essence of judicial procedure is that its results are known, and confidence in its impartiality rests on their being known (74th Report, Case No. 298 (United Kingdom/Southern Rhodesia), para. 51).
7. 398. As regards the 13 other SYNESCI leaders who have apparently been detained without charge or trial since 31 October 1987 at Séguéla Military Camp 500 km from Abidjan, the Committee expresses its concern over this infringement of trade union rights. It recalls that the arrest of trade union leaders against whom no criminal charges are brought involves restrictions on the exercise of trade union rights (233rd Report, Case No. 1211 (Bahrain), para. 589). In addition, it points out that the arrest - even if only briefly - of trade union leaders for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association (236th Report, Case No. 1204 (Paraguay), para. 441). The Committee urges the Government to release these union leaders or, if they are facing trial, to inform it of the charges brought against them and of their current situation.
8. 399. As regards the acts of anti-union discrimination perpetrated by the authorities over the last six months, in particular the suspension of salary of two female union leaders since November 1987 and the refusal to give posts to six teacher unionists (see Annex) as well as the transfer of 55 SYNESCI activists, the Committee recalls the importance of Article 1 of Convention No. 98 and the general principle that no person should be prejudiced in his employment by reason of his trade union membership or legitimate trade union activities. The Committee has repeatedly stated that protection against anti-union discrimination should cover any discriminatory measures during employment, such as transfers, suspension of salaries or any other acts prejudicial to the worker (211th Report, Case No. 1020 (Mali), para. 250). The Committee accordingly requests the Government to take the necessary measures to redress the transfers and suspensions and to inform the Committee of developments in this regard.

The Committee's recommendations

1. 400. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a) The Committee deplores the fact that the Government has not sent its observations on this case in spite of several requests to do so. The Committee has therefore been obliged to examine the case in the absence of these observations.
   • b) Given the seriousness of the numerous allegations in this case, the Committee would like to hope that the Government will do its utmost to ensure that respect for trade union rights of teachers is guaranteed in Côte d'Ivoire.
   • c) The Committee asks that the National Union of Secondary School Teachers (SYNESCI), which has challenged the unlawful executive purporting to represent secondary school teachers, will have its case soon heard before the courts and requests the Government to inform it of the outcome of the case.
   • d) The Committee requests the Government to supply copies of the December 1987 judgement sentencing three SYNESCI leaders to prison terms for misappropriation of union funds and urges the Government to release or to inform it of the charges brought against the 13 trade union leaders who have apparently been detained without charge or trial in the Séguéla Military Camp since 31 October 1987 and of their current situation.
   • e) As regards the acts of anti-union discrimination taken by the authorities against SYNESCI activists over the last six months, the Committee requests the Government to inform it of the current situation of those teachers who have been suspended or transferred or have had salaries suspended because of their trade union activities or functions.

SITUATION OF CERTAIN TRADE UNIONISTS IN COTE D'IVOIRE ACCORDING TO THE

1. SYNESCI'S LETTER OF 21.1.1988
2. -----------------------------------------------------------------
3. Name Position in union
4. -----------------------------------------------------------------
5. Akoun Laurent Secretary-General
6. Situation:
7. Civilian prison of Yopougon
8. (Abidjan)
9. Salary situation:
10. Salary suspended (Since
11. September 1987).
12. Yaya Traore Treasurer
13. Situation:
14. Civilian prison of Yopougon
15. (Abidjan)
16. Salary situation:
17. Salary suspended (Since
18. September 1987).
19. Vanga Adouko Assistant Treasurer
20. Situation:
21. Civilian prison of Yopougon
22. (Abidjan)
23. Salary situation:
24. Salary suspended (Since
25. September 1987).
26. Ganin Bertin Deputy Secretary-General
27. Situation:
28. Séguéla Military Camp (500 km
29. from Abidjan) since 31.10.1987
30. Salary situation:
31. Salary suspended since
32. November 1987.
33. Agbe Jean-Albert National Executive
34. Situation:
35. Séguéla Military Camp (500 km
36. from Abidjan) since 31.10.1987
37. Salary situation:
38. Salary suspended since
39. November 1987.
40. Kofi Zougou National Executive
41. Situation:
42. Séguéla Military Camp (500 km
43. from Abidjan) since 31.10.1987
44. Salary situation:
45. Salary suspended since
46. November 1987.
47. Adde Honore National Executive
48. Situation:
49. Séguéla Military Camp (500 km
50. from Abidjan) since 31.10.1987
51. Salary situation:
52. Salary suspended since
53. November 1987.
54. Kadio Kamanan National Executive
55. Situation:
56. Séguéla Military Camp (500 km
57. from Abidjan) since 31.10.1987
58. Salary situation:
59. Salary suspended since
60. November 1987.
61. Dable Andre National Executive
62. Situation:
63. Séguéla Military Camp (500 km
64. from Abidjan) since 31.10.1987
65. Salary situation:
66. Salary suspended since
67. November 1987.
68. Guet Ludien National Executive
69. Situation:
70. Séguéla Military Camp (500 km
71. from Abidjan) since 31.10.1987
72. Salary situation:
73. Salary suspended since
74. November 1987.
75. Koffi Tiburce National Executive
76. Situation:
77. Séguéla Military Camp (500 km
78. from Abidjan) since 31.10.1987
79. Salary situation:
80. Salary suspended since
81. November 1987.
82. Amea Jean Secretary-General,
83. Bouaké branch
84. Situation:
85. Séguéla Military Camp (500 km
86. from Abidjan) since 31.10.1987
87. Salary situation:
88. Salary suspended since
89. November 1987.
90. Yacouba Soulemany Secretary-General,
91. Daloa branch
92. Situation:
93. Séguéla Military Camp (500 km
94. from Abidjan) since 31.10.1987
95. Salary situation:
96. Salary suspended since
97. November 1987.
98. Apiah Kobina Secretary-General,
99. Bouaké branch
100. Situation:
101. Séguéla Military Camp (500 km
102. from Abidjan) since 31.10.1987
103. Salary situation:
104. Salary suspended since
105. November 1987.
106. Gonzreu Secretary-General,
107. Bouaflé branch
108. Situation:
109. Séguéla Military Camp (500 km
110. from Abidjan) since 31.10.1987
111. Salary situation:
112. Salary suspended since
113. November 1987.
114. Adde Desire Secretary-General,
115. Tomodi branch
116. Situation:
117. Séguéla Military Camp (500 km
118. from Abidjan) since 31.10.1987
119. Salary situation:
120. Salary suspended since
121. November 1987.
122. Mrs. Walbridge National Executive
123. Philomène Situation:
124. Released on 10.11.1987 after
125. two months' detention.
126. Salary situation:
127. Salary suspended since
128. November 1987.
129. Miss Diby Valérie National Executive
130. Situation:
131. Released on 10.11.1987 after
132. two months' detention.
133. Salary situation:
134. Salary suspended since
135. November 1987.
136. Gnahet Jacques National Executive
137. Situation: No post.
138. Salary situation:
139. Salary not yet suspended.
140. Kouaho Leopold National Executive
141. Situation: No post.
142. Salary situation:
143. Salary not yet suspended.
144. Yehiri Valerie National Executive
145. Situation: No post.
146. Salary situation:
147. Salary not yet suspended.
148. Tieyoro Edouard National Executive
149. Situation: No post.
150. Salary situation:
151. Salary not yet suspended.
152. Sahiri Leandre Auditor
153. Situation: No post.
154. Salary situation:
155. Salary not yet suspended.
156. Mrs. Abondio Technical college
157. Josette of Abidjan branch
158. Situation:
159. No post, she is refused
160. employment.
161. Salary situation:
162. Salary not yet suspended.