Rapport définitif - Rapport No. 321, Juin 2000

Cas no 2071 (Togo) - Date de la plainte: 28-JANV.-00 - Clos

Allegations: Arrests and detentions of trade union officials and members

1. 417. Requests for intervention concerning allegations of violation of trade union rights by Togo were submitted to the ILO on 28 January 2000 by the International Confederation of Free Trade Unions (ICFTU) and by the World Confederation of Labour (WCL); these allegations refer to the arrests of trade unionists. Subsequently, the WCL sent additional information on this matter on 31 January 2000 and made an official complaint to the Committee on Freedom of Association on 3 February 2000.
2. 418. The Government sent its observations on this matter in communications dated 1 February and 22 March 2000.
3. 419. Togo 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. The complainants' allegations

1. 420. In their request for intervention on 28 January 2000, the ICFTU and the WCL denounced the arrest on that very day of two trade union officials, Gbikpi Benissan, Secretary-General of the National Union of Independent Trade Unions of Togo (UNSIT) and Allagah-Kodegui, Secretary-General of the Federation of National Education Workers (FETREN), as well as the warrant for the arrest of Mr. Akouete, Secretary-General of the Workers' Trade Union Confederation of Togo (CSTT) and the Deputy Secretary-General of the Democratic Organization of African Workers' Trade Union (ODSTA). In supplementary information sent on 31 January 2000, the WCL explains that the Government of Togo arrested two high-ranking trade union officials for "spreading false information" and that they had been sent to the prison in Lomé.
2. 421. In its official complaint, the WCL states that Togo is undergoing an unprecedented period of social and economic unrest characterized by arrears of three to seven months in the salaries of officials and other public servants. The state authorities refuse to negotiate with the workers, which has resulted in a worsening of the social climate and in street demonstrations forcefully put down by the police. At its general assembly on Wednesday, 26 January 2000, the Workers' Trade Union Confederation of Togo analyzed the economic situation brought about by the increase in the price of petroleum products and denounced the constant erosion of workers' purchasing power. It therefore asked the Government to go back on its decision and to take measures to ease the suffering of workers; it also called on its members to mobilize to preserve their social rights.

B. The Government's reply

1. 422. In its reply of 1 February 2000, the Government states that it is concerned about the respect for human rights and does its utmost to respect the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). However, according to the Government, both trade unionists being questioned are being prosecuted for "spreading false information and libel" - both of which are specifically penalized under the Code of Press and Communications - and not for trade union activities. The Government points out that in accordance with the separation of powers, the Ministry of Labour and the Public Service may not intervene in a matter that is not within its competence.
2. 423. The Government encloses with its communication a copy of the communiqué from the Attorney-General of the Republic on this matter, dated 31 January 2000. The Attorney-General refers to an article entitled "Repression at the Agbalepodo lycée, a student killed" which appeared in the Togolese daily newspaper L'Aurore, dated 15 to 21 December 1999, claiming that a young girl had died during skirmishes between the police, schoolchildren and students on 7 December 1999. According to the Attorney-General, the newspaper attributed the crime to the headmaster and the Minister of National Education although, in fact, no young girl had been killed. The Minister lodged a complaint against the director of the newspaper on grounds of spreading false information and libel. The latter was arrested. This led to the questioning of the actual authors of the article, i.e. two retired officials claiming to be the secretaries-general of the UNSIT and FETREN.
3. 424. In a subsequent reply dated 22 March 2000, the Government explains that on 4 February 2000 all those arrested in this case had been released, despite the seriousness of the facts, thanks to the generosity of the Head of State of Togo who personally instructed the Minister of National Education to withdraw his complaint. This act of clemency resulted in the immediate release of the director of the newspaper L'Aurore, the release of the two trade unionists, Gbikpi Benissan and Allagah-Kodegui, and the withdrawal of the arrest warrant against Mr. Akouete, Secretary-General of the CSTT, who was abroad on mission at the time of the events in question. Mr. Akouete returned to Lomé without being investigated and is calmly continuing with his trade union activities, according to the Government.
4. 425. The Government is surprised however that after the fruitful discussions it had with the ICFTU and WCL delegations on the eve of the trade unionists' release, it is nevertheless accused of violating trade union rights before the ILO. The Government refers to Article 8 of Convention No. 87 that stipulates "in exercising the rights provided for in this Convention workers and employers and their respective organizations, like other persons or organized collectivities, shall respect the law of the land". It points out that this is unfortunately still not always the case in Togo, where a number of trade union officials feel that they are above the law.
5. 426. The Government regrets that a number of trade unionists prefer to settle their concerns in the street rather than embarking upon social dialogue and recalls that it was this attitude which led to the unlimited and non-negotiable general strike called in 1992 which lasted nine months; indeed, the repercussions the strike had at the social and economic levels constitute the deep-rooted causes of the "unrest" to which the complainants refer in their complaint.
6. 427. The Government encloses with its reply of 22 March 2000 a copy of the communiqué issued by the Council of Ministers on 4 February 2000 announcing the release of all the persons arrested in this case, as well as the relinquishment of the legal proceedings concerning them, at the express request of the Head of State.

C. The Committee's conclusions

1. 428. The Committee notes that this case concerns the arrest of two trade union officials and the arrest warrant taken out against a third trade union official on 28 January 2000.
2. 429. According to the complainants, the arrests occurred after demonstrations in December 1999 to protest against the increase in petroleum prices and the arrears in salaries in the public service and after a general assembly of the CSTT on 26 January 2000 which called on its members to mobilize to preserve their social gains.
3. 430. The Committee notes that, according to the Government, proceedings had not been brought against the trade unionists in question on account of their trade union activities but because of a complaint lodged by the Minister of National Education for the spreading of false news and libel in a published article that had accused the headmaster of a lycée and the Minister of National Education of being implicated in the death of a young girl during skirmishes with the police.
4. 431. The Government points out however that - due to the intervention of the Head of State - those concerned were all released on 4 February 2000 and the judicial proceedings brought against them were dropped.
5. 432. As regards the Government's statement concerning Article 8 of Convention No. 87, the Committee would point out that, while the first paragraph of this Article provides that "in exercising the right provided in this Convention workers and employers and their respective organizations, like other persons or organized collectivities, shall respect the law of the land", the second paragraph provides that "the law of the land shall not be such as to impair, not shall it be so applied as to impair, the guarantees provided for in this Convention".
6. 433. The Committee feels bound to recall that while persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of the ordinary criminal law, trade union activities should not in themselves be used by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 83).
7. 434. Noting however that the trade union officials were released after one week of detention following the intervention of the Head of State and that the legal proceedings were dropped, the Committee will not pursue the examination of this aspect of the case.
8. 435. The Committee nevertheless notes that, in this case, the complainants refer to a situation of social unrest due to arrears in salaries and the erosion of the workers' living standards. In these circumstances, the Committee expresses the firm hope that the problems of a social nature confronting the workers in Togo might be settled within the framework of a dialogue between the Government and the trade union organizations.

The Committee's recommendations

1. 436. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes that the trade union officials arrested in this case were released after one week of detention due to the intervention of the Head of State and that the legal proceedings against them have been dropped.
   • (b) The Committee expresses the firm hope that the problems of a social nature confronted by the workers of Togo might be settled within the framework of a dialogue between the Government and the trade union organizations.