Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 308, Novembre 1997

Cas no 1920 (Liban) - Date de la plainte: 11-FÉVR.-97 - Clos

Allegations: Arrest of trade union leaders; government interference in trade union elections; amendments to labour legislation in contravention of freedom of association

1. 501. The complaints in this case are contained in communications from the General Labour Confederation of Lebanon (CGTL), dated 11 February and 19 March 1997. The CGTL presented new allegations in communications dated 17 and 24 April 1997. In a communication dated 5 May 1997, the International Confederation of Arab Trade Unions (ICATU) supported the complaint made by the CGTL. In communications dated 4 June and 17 July 1997, the International Confederation of Free Trade Unions (ICFTU) presented allegations in connection with the same matter.
2. 502. The Government sent its observations in communications dated 21 and 29 May 1997.
3. 503. Lebanon has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 504. In its communications of 11 February and 19 March 1997, the General Labour Confederation of Lebanon (CGTL) denounces the Government's promulgation of Decree No. 8275 of 19 April 1996 which, it claims, adversely alters a section of the Decree of 1952 concerning the organization of trade unions, since the new Decree empowers the Ministry of Labour to set the date of trade union elections and to determine electoral procedures.
2. 505. In a communication of 17 April 1997, the CGTL provides further information relating to its complaint. It denounces the interference of the Government in its affairs and claims that on 13 April 1997, the Government occupied the headquarters of the Labour Federation of South Lebanon, organized sham elections under the threat of armed force while several members of the executive who were to elect their officials were in detention, and cancelled several other elections which had been followed and endorsed by the entire membership.
3. 506. In a communication of 4 June 1997, the International Confederation of Free Trade Unions (ICFTU) denounces the conditions under which the CGTL elections took place on 24 April 1997. While these elections were supposed to take place in the presence of representatives from the ICFTU, ICATU, ILO and the press, the ICFTU claims that there was an abnormal presence of approximately 2,500 members of the armed forces and Lebanese police at the places where the meetings and elections of CGTL leaders were to have taken place. The ICFTU claims that the law enforcement officers forcibly entered CGTL premises on five occasions during the morning of 24 April (between 6 and 10.30 a.m.), destroyed computer material and assaulted and arrested a number of CGTL representatives. The ICFTU also claims that independent observers and local media representatives were prevented from entering CGTL headquarters until after the first elections, which took place under extremely difficult circumstances and in which Mr. Elias Abou-Rizk was re-elected President of the CGTL. The ICFTU claims that subsequently, only certain selected members of the press were allowed to enter the building to film the elections of a rival faction which elected Mr. Al-Zoghbi as President. The Government immediately recognized the election of Mr. Al-Zoghbi and expelled Mr. Abou-Rizk and his supporters from CGTL headquarters.
4. 507. In addition, the ICFTU states that the flagrant irregularities which occurred during the elections of 24 April 1997 reflect one of many attempts by the Government to seize control of the trade union movement. The ICFTU claims that, following the announcement on 3 April 1997 that CGTL elections would be held on 24 April, the Government illegally forced the CGTL to accept the membership of five organizations in order to add ten votes to the list of 44 members entitled to elect CGTL representatives. The ICFTU adds that three other elections of CGTL affiliate organizations were interfered with by the Government in order to ensure the election of pro-government representatives. Lastly, the ICFTU states that the most recent attempt by the Government to destroy the trade union movement in Lebanon occurred on 30 May 1997 with the arrest of Mr. Abou-Rizk, who was about to travel to Copenhagen as President of the CGTL. According to the ICFTU, the Public Prosecutor's Department in Beirut questioned Mr. Abou-Rizk for more than three-and-a-half hours. The ICFTU states that, after being questioned, Mr. Abou-Rizk was brought before the Beirut investigating magistrate on the grounds that he had usurped political authority and public functions under sections 306 and 392 of the Lebanese Penal Code.
5. 508. The CGTL and ICATU, in communications dated 24 April and 5 May 1997 respectively, put forward substantially the same allegations as the ICFTU concerning the CGTL elections of 24 April 1997.
6. 509. In a communication dated 17 July 1997, the ICFTU provides additional information in support of its complaint. It states that, on 14 July 1997, the prosecution demanded a term of imprisonment of at least six months for Mr. Abou-Rizk for disseminating false information prejudicial to the honour of the State. The same sentence was demanded for Mr. Yasser Nehmi, Mr. Abou-Rizk's deputy, and both men were heavily fined. According to the ICFTU, the two men were prosecuted essentially because they had submitted a written complaint to the ILO concerning government interference in the recent CGTL elections.

B. The Government's reply

1. 510. In its communication of 21 May 1997, the Lebanese Government refutes the allegations made by the CGTL concerning the amendments by the Ministry of Labour to sections of the Decree concerning the organization of trade unions in order to exert control over the trade union movement. The Government firstly recalls that section 100 of the Lebanese Labour Code stipulates that "the members of the executive shall be elected for a period of four years by secret ballot. Half the members shall be withdrawn after the first two years by drawing lots and shall then be replaced by a process of voting. Members whose term of office has expired shall be eligible for re-election." The Government maintains that many trade unions and federations refused to comply with section 100 and that their executives have continued to refuse to convene plenary assemblies to elect new executives which would replace those that were elected more than 20 years ago and now have very few remaining members. The Government states that, faced with this situation, the Ministry of Labour on several occasions sent letters to trade unions and federations found to be in violation of the law calling on them to set a date for general elections for all those members of their executives whose terms of office had expired. Following the refusal of most of the trade unions to comply, the Government amended section 3 of Decree No. 7993 of 1952 by Decree No. 8275 of 19 April 1996, according to which "the trade union executive shall set a date for these elections and inform the Government administrative officer for trade unions ... If the trade union executive fails to set a date for the elections ... the Ministry of Labour shall take any necessary measures to ensure that these elections take place, after informing in writing the executive through its president or his or her representative and setting a deadline of one month from the date of that notification for the fulfilment of the statutory obligations in this respect". According to the Government, this amendment has given rise to considerable positive results since the great majority of trade unions have elected new executives of their own accord.
2. 511. Finally, the Government states that one of the main reasons for the authorities convening the CGTL elections was the failure by the CGTL leaders at the time to comply with section 2 of Decree No. 2390 of 25 April 1992 concerning representativeness.
3. 512. The Government has replied to new allegations by the complainants in a communication of 28 May 1997. The Government states, firstly, that the complaint lodged by Mr. Abou-Rizk as President of the CGTL is invalid since it is dated 24 April 1997, the day on which the new CGTL leadership under Mr. Al-Zoghbi was elected and on which, consequently, Mr. Abou-Rizk ceased to be President of the CGTL.
4. 513. According to the Government, the CGTL sent a letter on 5 April 1997 to the Ministry of Labour informing it of its decision to convene its members for the purpose of electing its senior officers on 24 April 1997 at 11 o'clock and invited the Ministry to send delegates to those elections. The Government states that the CGTL's invitation, which requested the Ministry to be present during the elections, contravenes section 5 of the Decree on the organization of trade unions, No. 7993/52, according to which "the electoral process shall be supervised by members appointed by the trade union executive and a delegate appointed by the administration for trade unions under the Ministry of Labour ... if the trade union executive fails to appoint such persons, the delegate of the Ministry of Labour shall supervise the elections together with observers representing the candidates".
5. 514. The Government claims that, on 21 April 1997, the Ministry of Labour sent a letter to the CGTL asking it to submit a list of delegates of the workers' federations belonging to the CGTL so that the Ministry could be sure of the legitimacy and quality of the delegates. The Government alleges that the CGTL failed to send this list and, in accordance with legislation, the Ministry was obliged itself to adopt a list of delegates to participate in the elections.
6. 515. With regard to the election day, 24 April 1997, the Government states that, having cleared the election premises of people not involved in the elections and opened it to all the members of the press and television, the elections began at 11 o'clock precisely. The Government also states that the elections were supervised in accordance with section 5 of Decree No. 7993/52 and that the election proceedings were broadcast live on Lebanese television. The Government maintains that the police and armed forces did not intervene during the elections and merely guaranteed security around the CGTL building. As regards the list of names provided by the former CGTL officials, which according to Mr. Abou-Rizk constitutes the new executive of the CGTL, the Government refuses to acknowledge it in formal or substantive terms on the ground that it contravenes all the existing laws and regulations governing elections.
7. 516. With regard to the decisions of the Ministry of Labour regarding its recognition of the five member federations of the CGTL, the Government maintains that these federations are duly authorized and were established pursuant to decisions published in the Official Bulletin. The Government adds that these federations had sought admission to the CGTL for more than two years and submitted supporting documents, and that the CGTL neither took any decision regarding these applications nor even considered them during that period. The Government states that it was as a result of the CGTL's inaction that the Ministry of Labour decided, on 16 April 1997, to affiliate these five federations with the CGTL, in accordance with section 93 of the Labour Code.
8. 517. As regards the allegations concerning the Labour Federation of South Lebanon, the Government states that the police and armed forces, which maintained security at the Federation's headquarters, were forced to intervene to break up clashes involving approximately 150 people and incited by supporters of Mr. Abou-Rizk against the law enforcement officers and Ministry of Labour representatives.

C. The Committee's conclusions

1. 518. The Committee notes that in this case the CGTL denounces the Government's promulgation of Decree No. 8275 of 19 April 1996, which stipulates that if the trade union executive fails to set a date for trade union elections, the Ministry of Labour is required to take any necessary measures to allow such elections to take place. The Committee also takes account of the allegations that the Government illegally forced the CGTL to accept the membership of five organizations. The Committee also notes the allegations concerning the presence of the armed forces and police and the interference by government authorities with trade union elections and its recognition of the alternative union leadership. Finally, the Committee notes the allegations concerning the arrest of the trade union leader Mr. Abou-Rizk and his colleague Mr. Yasser Nehmi.
2. 519. The Committee notes, firstly, that the Government disputes the validity of the complaint lodged with the Committee on 24 April 1997 on the grounds that Mr. Abou-Rizk was no longer President of the CGTL at the time the complaint was lodged since the elections had taken place that same day. The Committee points out that the original complaint was lodged by Mr. Abou-Rizk, as President of the CGTL, on 11 February 1997 and therefore antedated the elections of 24 April 1997. Furthermore, the Committee takes the view that it has a duty to examine this complaint following its standard procedure, given that the result of the elections is in dispute following allegations of Government interference.
3. 520. As regards the allegations concerning Decree No. 8275 of 19 April 1996, the Committee observes that the CGTL denounces the Government's promulgation of this Decree, which stipulates that the trade union executive is required to set a date for elections and notify the Government administrative officer for trade unions. The Decree also stipulates that if the trade union executive does not set a date for elections, the Ministry of Labour is required to take any necessary measures to ensure that the elections take place, after informing the trade union executive in writing, and setting a deadline of one month for the fulfilment of its statutory obligations in this respect. In this context, the Committee recalls that excessively close government regulation of union elections may be regarded as a limitation of the right of trade unions to elect their own representatives freely, although in general terms, legislation governing the frequency of elections and fixing the maximum period for the terms of office of the executive bodies does not affect the principles of freedom of association. Nevertheless, the Committee recalls that regulations governing the procedures and modalities for electing trade union leaders are primarily a matter for the trade unions, who must themselves establish the appropriate terms of office. (See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 354, 358 and 359.)
4. 521. As regards the allegation by the complainants that the CGTL was forced to accept the membership of five organizations in order to add new votes to members entitled to elect CGTL representatives, the Committee notes that the Government claims to have acted in this way as a result of the failure of the CGTL over a period of two years to take action regarding the applications of these federations to join the CGTL. In this case, the Committee emphasizes that, while a workers' organization must have the right to join a federation or confederation of its own choosing, it is for the federations and confederations themselves to decide whether or not to accept or reject such an application from a trade union, in accordance with their own constitutions and rules. The Committee therefore considers that the Government's action constituted undue interference in CGTL affairs. Furthermore, the Committee considers that actions of this kind may allow the authorities to influence the result of elections or the actions of a trade union by direct interference with the composition of its constituents. (See Digest, op. cit., para. 608.)
5. 522. As regards the day of elections of CGTL leaders on 24 April 1997, the Committee notes that the complainants report the destruction of CGTL property and assaults against trade unionists by the police and armed forces. In this case, the Committee once again emphasizes the importance of the principle that trade union property should enjoy adequate protection. The Committee considers that a climate of violence in which attacks are made against trade union premises and property may constitute serious interference with the exercise of trade union rights, and such situations call for severe measures being taken by the authorities. As regards the presence of the law enforcement officers inside CGTL headquarters, the Committee recalls that the right of the inviolability of trade union premises also necessarily implies that the public authorities may not insist on entering such premises without prior authorization or without having obtained a legal warrant to do so. (See Digest, op. cit., paras. 175, 184 and 185.)
6. 523. Still in the context of the election day, 24 April 1997, the Committee notes the very tense and uneasy atmosphere in which the elections appear to have taken place. The Committee emphasizes that any provisions involving interference by the public authorities in various stages of the electoral process, beginning with the obligation to submit the names of candidates in advance to the Ministry of Labour, together with personal particulars, and continuing with the presence at the elections of a representative of the Ministry of Labour or of the civil or military authorities, is incompatible with the right to hold free elections. (See Digest, op. cit., para. 400.) The Committee deplores this undue interference on the part of the authorities with the exercise of the right of workers' organizations to elect their representatives freely, both as concerns the elections of 24 April and those held by the Labour Federation of South Lebanon.
7. 524. As regards the results of the elections of 24 April 1997, which are disputed by the complainants and the Government, the Committee recalls that where there is an internal conflict between two rival administrations within one trade union organization, the supervision of trade union elections should be entrusted to the competent judicial authorities with a view to guaranteeing the impartiality and objectivity of the procedure. (See Digest, op. cit., para. 394.) In this regard, the Committee requests the Government to inform it whether or not judicial recourse has been taken and to keep it informed of the outcome of any such proceedings. With regard to the arrest and subsequent prosecution of Mr. Abou-Rizk on 30 May 1997 for usurpation of political authority and public functions, and again on 17 July 1997, together with Mr. Yasser Nehmi, for disseminating false information prejudicial to the honour of the State, the Committee can only deeply deplore these arrests, given the circumstances in which the elections of the CGTL leaders took place on 24 April 1997. The Committee is all the more concerned given the fact that the arrests and prosecution of these officials appears to have been directly connected with the fact that they had lodged a complaint with the Governing Body of the ILO. The Committee emphasizes that prosecutions, or other forms of sanction, should not in any way be instituted against trade union leaders who bring a case before the Freedom of Association Committee. The Committee also recalls that the detention of trade union leaders for activities in connection with the exercise of their right to organize is contrary to the principles of freedom of association. Furthermore, measures depriving trade unionists and trade union leaders of their freedom on grounds connected with their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights. (See Digest, op. cit., paras. 69 and 77.) Given these circumstances, the Committee therefore urges the Government to do everything in its power to ensure that the charges against these trade union officials are withdrawn immediately.

The Committee's recommendations

1. 525. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Regarding the allegation that the CGTL was forced to accept the membership of five organizations, the Committee, recalling that it is for federations and confederations themselves to decide whether or not to accept the affiliation of a trade union in accordance with their own constitutions and rules, calls on the Government to refrain from any undue interference in the internal affairs of organizations by insisting that it accept new members.
   • (b) As regards the elections of CGTL officials held on 24 April 1997, the Committee deeply deplores the attacks against trade union premises and property and against trade unionists. The Committee emphasizes that the Government must in future respect the right of workers' organizations to elect their representatives freely, and urges the Government to refrain from any interference in the electoral processes of trade unions.
   • (c) As regards the contested results of the elections of CGTL officials on 24 April 1997, the Committee requests the Government to ensure that the supervision of trade union elections is entrusted to the competent judicial authorities, to inform the Committee whether or not this matter is currently the subject of judicial recourse and to keep it informed of the results of any such proceedings.
   • (d) As regards the arrest and subsequent prosecution of the trade union leaders Mr. Abou-Rizk and Mr. Yasser Nehmi, the Committee expresses its profound concern regarding the detention and prosecution of these officials for reasons connected with the exercise of their trade union rights. The Committee urges the Government to do everything in its power to ensure that the charges brought against them are withdrawn immediately.