Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 287, Juin 1993

Cas no 1669 (Tchad) - Date de la plainte: 11-SEPT.-92 - Clos

1. 304. The International Confederation of Free Trade Unions (ICFTU) and the Organization of African Trade Union Unity (OATUU) presented a complaint against the Government of Chad alleging violations of freedom of association in communications dated 11 September and 14 October 1992. These two organizations presented additional information on 29 October and 5 November 1992 respectively.
2. 305. The Government sent its observations on this case in a communication dated 26 February 1993.
3. 306. Chad has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant organizations' allegations

1. 307. In its complaint of 11 September 1992 the ICFTU alleges that following a strike organized by the Union of Trade Unions of Chad (UST) on 27, 28 and 29 July 1992 to protest against the unilateral decision of the Government ordering a 10 to 20 per cent reduction in salaries, coupled with an increase in income tax of between 10.5 and 20 per cent, members of the UST were the victims of arbitrary, abusive and discriminatory dismissals. It provides a list of the persons concerned (see annex).
2. 308. In its communication of 29 October 1992, the ICFTU alleges that following another strike by the UST between 7 and 11 September 1992, the Government once again took action against militant members of the UST, which consisted in particular of arrests, dismissals, lay-offs, removal from posts of responsibility and transfers (see annex): the arrest on 7 September of two trade union officials, who were released after 48 hours; the dismissal of three other trade union officials of the UST, including the Secretary-General, and 14 militant members; the lay-off of another official for a period of ten days; the removal from office of 19 members of the UST in the private sector and 17 employees of the Ministry of the Civil Service and Labour. The complainant organization also gives the names of the persons against whom these arbitrary measures were taken (see annex).
3. 309. The ICFTU also states that it was informed that on the eve of the strike, on 6 September 1992, Mr. Mustapha Hisseine, General Treasurer of the Union of Trade Unions of the prefecture of Quaddai-Biltine, was the victim of an accident caused by a vehicle which had no registration plates.
4. 310. The complainant organization goes on to state that on 11 October 1992, a few days after the UST launched another general strike of one month from 5 October, the Government decided at an extraordinary Council of Cabinet Ministers to order the suspension of the UST, the prohibition of its trade union activities and the occupation of its headquarters, the Trades Union Centre, by the police force.
5. 311. The ICFTU explains that it then took the decision to send a mission to Chad, from 23 to 25 October 1992, to collect additional information on the trade union situation and, if possible, meet with President Deby to persuade him to resume discussions with the trade unions; however, the members of the delegation were refused visas by the Chad authorities, which forced the ICFTU to cancel the departure of the mission.
6. 312. The allegations made by the OATUU in its communications of 14 October and 5 November 1992 also concern the dismissal, arrest, transfer and lay-off of many trade union officials and militant members and the suspension of the activities of the UST and the occupation of the Trades Union Centre of N'Djamena by the police. It also alleges that the Government prohibited any strike movement in Chad. The OATUU believes that all these measures were taken in reprisal against the various strikes which had been organized by the executive committee of the UST in order to demand the payment of outstanding salaries of state employees and to protest against the reduction in salaries and the increase in income tax ordered by the Government. The OATUU also provides a list of persons who were the victims of these alleged measures (see annex).

B. The Government's reply

1. 313. In its communication of 26 February 1993, the Government explains first of all that Chad, which is one of the poorest countries, is currently experiencing a very serious economic crisis. With a view to financing the restructuring and reconversion of production units, the World Bank and the International Monetary Fund (IMF) have insisted that Chad reduce its expenditure, which is essentially made up of salaries for state employees and contractual agents and to increase substantially its revenue.
2. 314. The Government says that it is aware that the measures recommended by the World Bank and the IMF to enable Chad overcome the present crisis are at the same time detrimental to the already low purchasing power of state employees and agents. It also points out that these measures are debatable and are not compatible with national sovereignty since they are taken under external pressure.
3. 315. The Government states that it has been confronted both with the conditions imposed by the World Bank and the IMF and the demands of its people which is having to cope with an already high rate of unemployment due to the almost total lack of investment to generate jobs. It has acted responsibly and opted for the least onerous solution by agreeing to reduce its expenditure by freezing new recruitments, clear away unproductive elements and grant early retirement when requested. It has also decided to increase its revenue by a series of measures to monitor receipts, reduce the salaries of officials and increase income tax. According to the Government, these measures have enabled it to safeguard existing jobs and to encourage over the medium and long-term the creation of new jobs to absorb a large part of the unemployed.
4. 316. The Government then explains that the UST did not agree with these measures and, on the the pretext that it had not participated in prior negotiations, called on those state employees affected by these measures (including employees who were not trade union members) to go on strike and appealed to workers in the private sector to join them in solidarity with their colleagues in the public sector, without informing the labour administration authorities. This strike was widely supported in the large urban centres, particularly in N'Djamena, mainly because there had been a three to six months' delay in the payment of salaries.
5. 317. The Government points out that in an atempt to promote dialogue and avoid confrontation, it set up, under Order No. 018/PM/92 dated 2 September 1992, a joint committee of 14 members, including four representatives from the UST, to find acceptable solutions to the national crisis. However, from the first meeting of this committee the UST representatives refused to cooperate because some of their proposals, in particular the elimination of the salary reduction and the exclusion from the meeting of the Free Confederation of Workers of Chad (CLTT) - which the UST does not consider representative of the workers - were not discussed. Although the Government proposed that the requested sacrifice be accepted for a specific period of time (a maximum of 12 months) to protect the national economy and despite the inevitable nature of these measures, the UST launched a series of strikes which paralyzed the administration and held a number of meetings which became public platforms for the opposition parties.
6. 318. The Government goes on to say that the tripartite committee - the CLTT was still a member - continued its work and called for a truce of 90 days from 14 September to 15 December 1992. During this truce period, the UST once again launched a one-month strike from 5 October during which no minimum service was provided in the public health or communications sectors, which according to the Government, created a dramatic situation in the hospitals.
7. 319. in these serious circumstances, the Government admits that it did resort to protective and dissuasive measures designed to protect the State and persuade the UST to accept negotiation and dialogue instead of a strike which would have been fatal to the lives of thousands of workers. It therefore suspended the activities of the UST during the truce period and invited the employees concerned to resume their work failing which their salary for the period in question would be deducted accordingly. Since the UST refused to heed the appeal made to it, the Government decided to stop the payment of salaries of some employees during the period in which they had not worked, on the basis of the principle "no work, no pay".
8. 320. The Government says that when it realized that the refusal to accept dialogue and the unrealistic claims put forward by the UST were simply tricks to lead it into an infringement of Convention No. 87, ratified by Chad, it successively lifted the suspension measures in December 1992 and put an end to their effects by Order No. 0015/PR/MFPT/DG/DFP/SG3/006 of 19 January 1993 and offered to negotiate with the UST as the only means of finding a solution to the national crisis.
9. 321. As regards the allegations made by the ICFTU and the OATUU concerning the dismissal of members of the UST, the Government believes that they are incomplete and that it is not possible to verify the reasons given. It also states that the leaders of the UST tend to consider any disciplinary measures taken by some enterprises as sanctions against strikers, which is not true. This is the case, for example, of Mr. Mayadjiar, a technical agent of the public health service, who had been transferred according to the rules and who refused to accept his new post. As for Mr. M'Bogo Nabia, an administrative officer in the Posts and Telecommunications service, the Government says that he had reached the statutory age limit and was thus required to retire under Order No. 1789/PR/MFPT/SE/DG/DFP-SG3/107 of 17 October 1992.
10. 322. As regards the dismissals of Messrs. Djibrine Assali Hamdallah, Secretary-General of the UST, and Haroun Hassan Khagair, National Secretary of the UST responsible for organization and workers' education, the Government states that contrary to the principle of the establishment of occupational organizations whereby first-level trade unions must be established before a central trade union organization can be set up, the UST was created with the blessing of the authorities at the time and entrusted with the establishment of first-level trade unions, somewhat on the model of political movements. Messrs. Djibrine and Khagair, both of whom are members of the Chad Insurance and Reinsurance Company (STAR), make many trips abroad and spend one or two months in the country for the purpose of setting up first-level trade unions, whereas the general collective agreement of 23 January 1969 provides for an absence of only 15 days a year for trade union activities. The STAR enterprise, heedful of the competition on the national market, cannot accept long absences which are contrary to the provisions of the above-mentioned collective agreement. It therefore decided to return Messrs. Djibrine and Khagair to the public service from which they had been released.

C. The Committee's conclusions

1. 323. Whilst being aware of the serious difficulties that Chad is facing, the Committee notes that the serious allegations in this case concern measures of detention and anti-trade union discrimination against trade union officials and trade unionists, the suspension of the Union of Trade Unions of Chad (UST), the prohibition of the exercise of its trade union activities, the occupation of its headquarters, the prohibition of any strike movement and the refusal of the Chad authorities to issue the necessary visas for an ICFTU mission to Chad.
2. 324. The Committee notes first of all that the Government does not reply to the allegations concerning the arrest on 7 September 1992 of Messrs. Makaila Yamarke, Secretary-General of the Union of Professional Communication Workers (SPC) and Samba Akonso Ayonso, member of the SPC Steering Committee (released on 9 September 1992) and on 2 October 1992, of Messrs. Ahmadou Bonkamla and Mayana Ndiguingue, customs inspectors (released the same day). It also notes that the Government gives no reply the accident caused by an unregistered vehicle of which Mr. Mustapha Hisseine, General Treasurer of the UST in the prefecture of Quaddai-Biltine, was the victim on 6 September 1992. In these circumstances, the Committee must recall the principles whereby a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty and that the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association (see Digest of decisions and principles of the the Freedom of Association Committee, 3rd edition, 1985, paras. 75 and 88). It therefore requests the Government to ensure that in future trade union leaders and trade unionists are not arrested and detained for activities resulting from the exercise of their trade union rights.
3. 325. As regards the suspension of the UST, the prohibition of its trade union activities, the occupation of its premises by the police and the prohibition of all strike movements in the country in November 1992, the Committee notes that the Government does not deny these facts and that it states that they were protective and dissuasive measures taken to protect the State and persuade the UST to accept dialogue and negotiation. It also notes that the UST launched a strike in October 1992 when a tripartite committee, set up on 2 September 1992, and from which the UST had withdrawn, had adopted a truce period of 90 days (from 14 September to 15 December 1992). According to the Government, this strike was launched without any minimum service being provided in the public health or communications sectors.
4. 326. The Committee emphasizes the importance which it attaches to the generally accepted principle that workers' and employers' organizations should not be subject to suspension or dissolution by administrative authority (see Digest, op. cit., para. 488). It also believes that the prohibition on any trade union activity, coupled with a general prohibition on the right to strike, prevents trade unions from promoting and defending the interests of their members and organizing their activities. The Committee believes that by suspending the UST, prohibiting it from exercising its trade union activities as well as any recourse to strike in the country, and having the UST headquarters occupied by the police, the Government violated the guarantees set forth in Convention No. 87. Since it is not clear from the information available to it whether the UST was able to resume all its trade union activities and whether the right to strike may once again be exercised in Chad, the Committee asks the Government to state whether this is the case and to provide the text of any decision lifting the suspension.
5. 327. As regards the allegations that a large number of trade unionists were subject to measures of anti-trade union discrimination (dismissals, lay-offs, removal from office, transfers - see annex) because of their participation in strikes organized by the UST, the Committee notes that in replying to these allegations the Government explains first of all that because of the economic crisis faced by the country and the requirements imposed by the World Bank and the International Monetary Fund it was forced to take the measures which the UST criticized, namely the reduction and non-payment of salaries as well as the increase in income tax.
6. 328. As regards the other allegations concerning the various measures of anti-trade union discrimination against members of the UST, the Committee regrets that the Government merely states that the leaders of the UST have tended to refer to disciplinary measures taken by some enterprises and which are not related to the strikes.
7. 329. As regards the dismissals of Messrs. Djibrine Assali Hamdallah, Secretary-General of the UST, and Haroun Hassan Khagair, National Secretary for Organization and Workers' Education, the Committee notes the Government statement that the Chad Insurance and Reinsurance Company (STAR) decided to return these persons to their original service because they were spending more time in trade union activities than that prescribed by the general collective agreement.
8. 330. Although it notes the economic and social difficulties and constraints which the Government is currently facing, the Committee emphasizes that it has always recognized that the right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests (see Digest, op. cit., para. 363). It also recalls that it has always been of the view that no person should be prejudiced in his employment by reason of his trade union membership or legitimate trade union activities (see Digest, op. cit., para. 538) and, in particular, that the imposition of sanctions on public servants on account of their participation in a strike is not conducive to the development of harmonious industrial relations (see Digest, op. cit., para. 437).
9. 331. Since the complainant organizations refer to a large number of persons who were allegedly victims of anti-trade union discrimination and the Government provides information on only some of these persons, the Committee requests the Government to carry out an inquiry on all the persons (see annex) with a view to establishing the real reasons for the measures taken against them and to take the necessary steps to ensure that any act of anti-trade union discrimination brought to light by this inquiry should be immediately corrected by the reinstatement in their jobs of the persons concerned. It requests the Government to keep it informed of any measures taken in this respect.
10. 332. As regards the allegation that the Chad authorities refused to issue ICFTU representatives with the necessary visas for them to undertake a mission in Chad, the Committee notes that the Government has not replied to this point and recalls that visits to affiliated national trade union organizations are normal activities for international workers' organizations, subject to the provisions of national legislation with regard to the admission of foreigners (see Digest, op. cit., para. 531). Although it recognizes that the refusal to grant visas to foreigners is a matter which falls within the sovereignty of the State, the Committee requests the Government to ensure that the formalities required of international trade unionists to enter the country be based on objective criteria free of anti-trade unionism.
11. 333. Given the effect on workers' standard of living of the fixing of wages by the State outside the framework of collective bargaining and more generally of the wage policy of the Government, the Committee emphasizes the importance which it attaches to the effective promotion of consultation and collaboration between the public authorities and workers' organizations in this sphere to allow matters of common interest to be examined and as far as possible mutually acceptable solutions to be found. Given the serious nature of the problems which the country as a whole is facing, the Committee believes that it must appeal to all the parties concerned to negotiate in good faith and to endeavour to reach such solutions. As the Committee has already pointed out (see Digest, op. cit., para. 590), satisfactory labour relations depend primarily on the attitudes of the parties towards each other and on their mutual confidence.

The Committee's recommendations

1. 334. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Recalling that a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty and that the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes violation of the principles of freedom of association, the Committee requests the Government to ensure that trade union officials and trade unionists are not arrested and detained for activities related to the exercise of their union rights.
   • (b) Emphasizing that workers' and employers' organizations should not be subject to suspension or dissolution by administrative authority, and recalling that a general prohibition on the right to strike is contrary to the principles of freedom of association, the Committee requests the Government to indicate whether the UST has been able to resume all its trade union activities and whether the right to strike may once again be exercised in Chad and to provide the text of any decision respecting the lifting of this suspension.
   • (c) Recalling that no person should be prejudiced in his employment by reason of his trade union membership or legitimate trade union activities, the Committee requests the Government to carry out an inquiry on all the persons concerned (see annex) with a view to establishing the real reasons for the measures taken against them and to take the necessary steps to ensure that any act of anti-trade union discrimination which may be revealed by this inquiry should be immediately corrected by the reinstatement of the persons concerned in their jobs. It requests the Government to keep it informed of any measures taken in this respect.
   • (d) The Committee also requests the Government to provide its observations on the ICFTU allegations that Mr. Mustapha Hisseine was the victim of an accident, caused by a vehicle without registration plates.
   • (e) Recalling that visits to affiliated national trade union organizations are normal activities for international workers' organizations, the Committee requests the Government to ensure that in future the formalities required for international trade unionists to enter a country should be based on objective criteria free from anti-trade unionism.
   • (f) Finally, the Committee appeals to all the parties to endeavour to negotiate in good faith in the search for mutually acceptable solutions to the serious problems with which the country as a whole is currently faced.

ANNEX

1. List of trade unionists against whom various measures were allegedly taken
2. (a) Arrests
3. 1. MAKAILA YAMARKE:
4. Secretary-General of the Trade Union of Communication
5. Workers (SPC), arrested on 7 September 1992 and released
6. on 9 September 1992
7. 2. SAMBA AKONSO AYONSO:
8. Member of the Steering Committee of the SPC, arrested
9. on 7 September 1992 and released on 9 September 1992
10. 3. AHMADOU BONKAMLA:
11. Customs inspector, arrested on 2 October 1992 for one day
12. 4. MAYANA NDGUINGUE:
13. Customs inspector, arrested on 2 October 1992 for one day
14. (b) Dismissals
15. 1. NGUERALBAYE MARIE:
16. Member of the UST National Committee of Women
17. 2. DJIBRINE ASSLI HAMDALLAH: Secretary-General of the UST
18. 3. HAROUN HASSAN KHAGAIR UST:
19. Secretary-General responsible for organization and
20. workers' education
21. 4. MBAIRABE ETIENNE: Militant member of the UST
22. 5. NGARMARI MOISE: Militant member of the UST
23. 6. SINGADE PIERRE: Militant member of the UST
24. 7. ABA DAGALNA DJOUBISSALA: Militant member of the UST
25. 8. KEMNDIGNGAYE KINGATAL: Militant member of the UST
26. 9. DINGNEWAMNGAR MBAIRO: Militant member of the UST
27. 10. MALIK WADAL ABDELRAHIM: Militant member of the UST
28. 11. MIANDOM RO-OURMOU: Militant member of the UST
29. 12. MADJIODOUM ALPHONSE: Militant member of the UST
30. 13. BERDE MORDINGUE: Militant member of the UST
31. 14. ISSA MAHAMAT: Militant member of the UST
32. 15. ALIFA KALIL: Militant member of the UST
33. 16. AHMAT ADOUM: Militant member of the UST
34. 17. BAGAO SOUMRAYE: Militant member of the UST
35. (c) Lay-off for ten days
36. 1. LAOKOLE BINDAH:
37. Secretary-General of the Federation of Transport Workers
38. (d) Removal from post of responsibility
39. 1. AHMAT MAHAMAT HASSANE:
40. Secretary-General in charge of UST claims
41. 2. FATIME DJIMTEBAYE:
42. Vice-President of the UST National Committee on Women
43. 3. TAMSENGAR NGAR NGAOMAADJE: Militant member of the UST
44. 4. NDOKONON MICHELLE: Militant member of the UST
45. 5. DOUMTELEM NOUMIAN: Militant member of the UST
46. 6. NELOUM NGAMBOR: Militant member of the UST
47. 7. MASSAM PABAME: Militant member of the UST
48. 8. NODJIOUDOU LAOUMAYE: Militant member of the UST
49. 9. MOUSSA TELE:
50. Member of the Executive Committee of the Federation
51. of Financial Agents
52. 10. KOULNA LEA:
53. Militant member of the Federation of Financial Agents
54. 11. GATA NDER: Member of the SPC Steering Committee
55. 12. NGTA SALOMON: Member of the SPC Steering Committee
56. 13. ODERING GOULAYE JEREMIE: Member of the SPC Steering Committee
57. 14. DJOBAYE M'BANGDOUM: Member of the SPC Steering Committee
58. 15. ALI MEDELLAYE: Member of the UST National Council
59. 16. M'BOGO NABIA:
60. Member of the National Union of Post and Telecommunications
61. Workers (SYNAPOSTEL)
62. 17. OUMAR DOGO: Member of SYNAPOSTEL
63. 18. YAYANGAR GANDA NDEM: Member of SYNAPOSTEL
64. 19. NEHEREM LAOUKEIN: Member of SYNAPOSTEL
65. 20. ALHADJ NARAGOUNE KANIKA: Member of SYNAPOSTEL
66. 21. NODJIDOROUM DOBATE: Member of the SPC Steering Committee
67. 22. BANSIGNE DJIBIRAMA: Member of the SPC Steering Committee
68. 23. MADJIADOUMNGAR SOSTHENE NGARNGOUME:
69. Member of the SPC Steering Committee
70. 24. BENANE DNADJILOHOM: Militant member of SAAGET
71. 25. NGAMAI TOHILA: Militant member of SAAGET
72. 26. DJINGUINANAYE: Militant member of SAAGET
73. 27. KERALBAYE JACQUES: Militant member of SAAGET
74. 28. KEHAMAT OUTMAN ALI: Militant member of SAAGET
75. 29. DJIMADOUMNGAR BAGOL: Militant member of SAAGET
76. 30. MASSAH PABAME: Militant member of SAAGET
77. 31. NELOUM: Militant member of FENAF
78. 32. NDOKONON MICHELINE: Militant member of FENAF
79. 33. NGUEADOUMAYE NANTOLLAH: Militant member of FENAF
80. 34. DOUMAPI NAINGAM: Militant member of FENAF
81. 35. DJONKAMLA CLEMENT: Militant member of FENAF
82. 36. ALLARANGUE: Militant member of FENAF
83. 37. OUMAR AMBA OUSMAN: Militant member of FENAF
84. 38. TAIGUE JONAS: Militant member of FENAF
85. 39. DJIMADOUMNGAR KOYASSOUM: Militant member of FENAF
86. 40. BANGALINGAR NANASRA: Militant member of FENAF
87. 41. TOUSSAM TOUNANGAR: Militant member of FENAF
88. 42. BENDOLEMN: Militant member of FENAF
89. 43. MAHAMAT ALI: Militant member of FENAF
90. (e) Transfers
91. 1. MAYADJIR:
92. Vice-President of the UST, transferred to the provinces and
93. loss of post as Chief of Service
94. 2. AMINATOU GARBA:
95. Member of the UST National Council, assigned to another
96. district of the Central Hospital where she was the
97. Secretary-General of the trade union section
98. (f) Change of duties
99. 1. MIANGAR DOUBRE
100. 2. AARON DOUMGOTO