Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 399, Juin 2022

Cas no 3412 (Sri Lanka) - Date de la plainte: 03-SEPT.-21 - En suivi

Allegations: The complainants allege the arrest and detention of trade unionists and union leaders following their legitimate exercise of the right to peaceful assembly, acts of violence and intimidation against protesters, as well as government interference in the independence of the judiciary and in trade union activities

1. 270. The complaint is contained in communications dated 21 August and 21 September 2021 submitted by the Ceylon Teachers’ Union (CTU). In another communication dated 21 September 2021, the Free Trade Zone and General Services Employees Union (FTZGSEU), the Sri Lanka Nidahas Sewaka Sangamaya, the Ceylon Bank Employees’ Union, the National Union of Seafarers, the Ceylon Mercantile Industrial and General Workers’ Union, the United Federation of Labour, the Ceylon Federation of Trade Unions and the Ceylon Estate Staffs’ Union (CESU) associated themselves with the complaint and provided additional information.
2. 271. The Government of Sri Lanka transmitted its observations on the allegations in a communication dated 28 January 2022.
3. 272. Sri Lanka 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 complainant’s allegations

1. 273. In the first communication, dated 21 August 2021, the complainant organizations allege that the Government violated the right to freedom of association in a series of recent incidents which occurred in July and August 2021. They state that trade unionists were arrested, detained and confined against their will after participating in demonstrations, that acts of interference were committed by officials acting under the aegis or the instructions of the Government, and that a culture of intimidation and impunity is being perpetuated.
2. 274. The complainant organizations indicate that on 7 July 2021, during a peaceful and non-violent protest against the State Engineering Corporation to demand the payment of unpaid wages, a leader of the Workers Struggle Centre trade union and five other trade union activists were arrested under the false pretext that they were carrying out a protest in violation of the quarantine law. According to the complainants, the protesters: (i) were assaulted mercilessly by the police and driven to a quarantine centre several dozens of miles away after their release on bail by the magistrate; (ii) were confined for an intended duration of 14 days despite the medical tests carried out on them recording a negative reading for COVID-19; and (iii) were released after nine days due to the mounting public pressure.
3. 275. The complainants further indicate that on 8 July 2021, members of the CTU, along with other student activists and civil society advocacy groups, organized a demonstration against a proposed legislation seeking to vest unfettered powers to a state-owned defence academy to enter into the sphere of public higher education. They indicate that the demonstration was peaceful and non-violent, and that in view of the prevailing COVID-19 pandemic, the protesters were maintaining sufficient social distancing and the crowd was not in excess of 100 people. The complainant organizations state that the police, on the instructions of the Government, used force and violence to arrest 33 protesters, including the General Secretary of the CTU, Mr Joseph Stalin. The complainants indicate that the protesters: (i) were subjected to degrading and inhuman treatment as they were driven to police stations to have their statements recorded; (ii) were produced before the Magistrate’s Court of Colombo for the alleged violation of laws governing protests and the breach of measures dealing with pandemic precautions; (iii) were forcibly hauled into police buses and driven to a military camp located 300 kilometres away from Colombo under the pretext of a 14-day quarantine after their release on bail by the magistrate; (iv) were confined without being provided with basic essentials or the possibility to change clothes despite the immediate medical tests carried out on them recording a negative reading for COVID-19; and (v) were released after eight days due to the mounting public pressure.
4. 276. The complainant organizations indicate that on or about 3 August 2021, an alliance consisting of trade unions, student movements and civil society bodies staged a peaceful and non-violent protest to demand that the above-mentioned proposed legislation seeking to vest unfettered powers to a state-owned defence academy to enter into the sphere of public higher education be defeated. According to the complainants, the police: (i) used force to disperse the protesters and suppress the public agitation; (ii) arrested a few student leaders the following day, without an arrest warrant, on the fabricated charges of causing damage to property and injuring the finger of a police officer; and (iii) repeatedly broke into the residences and workplaces of two trade union leaders, including Mr Chathura Samarasinghe, President of the CESU, to search for them without any arrest warrant.
5. 277. The complainants also indicate that on 4 August 2021, several hundred teachers staged a peaceful and non-violent protest to demand that the Presidential Secretariat address their long-standing wage anomalies. They state that the police again abused the quarantine law, as 45 teachers and trade union activists were arrested while returning home after of the protest. The complainants indicate that the protesters were confined for nearly 24 hours and prevented from seeking legal representation at the police station. They further indicate that the protesters were released on bail by the magistrate and that medical tests carried on all of them proved negative for COVID-19.
6. 278. In support of their views, the complainant organizations inform that in a letter of 10 July 2021 addressed to the Inspector General of Police and the Director General of Health Services, the Bar Association of Sri Lanka (BASL) expressed its grave concern at the arrests and detention of protesters for ostensibly violating health regulations relating to COVID-19, as well as its deep concern at the decisions to send them to quarantine against their will. The complainants also refer to a special resolution of 10 June 2021 by the European Parliament, which noted with concern the impact of the COVID-19 pandemic on the deteriorating labour rights situation in Sri Lanka.
7. 279. According to the complainants, the Government prevented organizations of workers from staging protests and expressing their views in public concerning issues of national policy that affect them directly, put the right to life and personal safety of their members at risk, and failed to provide an atmosphere devoid of fear, reprisals, arrests, detentions and intimidation, which is a prerequisite for fostering and exercising the right to freedom of association.
8. 280. The complainant organizations also state that after the magistrates of a number of courts refused to entertain requests from the police to issue orders preventing public protests and allowing for the arrest of the protesters, the Judicial Service Commission (JSC) ordered all magistrates to attend a mandatory seminar titled “Matters relating to judicial proceedings in the context of the COVID-19 pandemic”. They specify that the letter from the JSC stipulated that the failure to attend the seminar would be taken into consideration with respect to recommendations for annual salary increments, foreign training and appointment to the High Court. The complainants believe that during the mandatory seminar, which took place on 13 August 2021, the Chief Justice of Sri Lanka and three other Supreme Court justices urged the magistrates to rule in favour of the police and use sections 98 and 106 of the Criminal Procedure Code to curb protests and public gatherings in light of the COVID-19 situation, which represented a major breach of the judicial protocol and a direct assault on the independence of the courts of first instance. In support of these allegations, the complainants inform that the BASL, in a special letter addressed to the Chief Justice and two other Supreme Court justices, expressed its concern over the above-mentioned seminar and its implications towards the independence of the judiciary. According to the complainants, it has become impossible for trade unions to rely on the judiciary for protection against unlawful arrests and to carry on with their protests.
9. 281. In the second communication, dated 21 September 2021, the complainant organizations indicate that on or about the first week of September 2021, on the instructions of the Criminal Investigations Department (CID) of the police of Sri Lanka, local police stations sought information on organizers and activists involved in public protests, rallies and gatherings conducted by teachers and principals over their occupational concerns on 25 July and 5 August 2021. The complainants emphasize that there were no allegations or verifiable proof of any incident concerning acts of breach of peace caused by these demonstrations. They consider that such unlawful surveillance constitutes an act of harassment and a serious interference in the legitimate functions of trade unions and their members.
10. 282. In relation to their allegations, the complainant organizations point out that in her update of 13 September 2021 on the human rights situation in Sri Lanka at the Human Rights Council, the UN High Commissioner for Human Rights denounced the prevalence of acts of surveillance, intimidation and judicial harassment by the Government, as well as the excessive use of force and the arrest or detention of demonstrators in quarantine centres.
11. 283. The complainants also allege that, in the context of a strike by all major public sector teachers’ unions in the country, the Minister of Public Security, who has no relevance to the matter, is involved in threatening, intimidating, harassing and victimizing the teachers. They indicate that on 17 September 2021, he publicly stated the following: “You know we destroyed terrorism. When destroying terrorism, our vision was that we will never justify terrorism, whether the cause of it is just or unjust. Because it killed innocent people. Similarly for the teachers’ strike, whether the reason for this strike is just or unjust, we do not justify it, because innocent school children suffer from it. That is why I kindly say to those who are participating in this strike, please do not strike under the influence of one or two, because it disrupts the education of children.” The complainant organizations also indicate that on the instructions of the above-mentioned Minister, two trade union members were summoned for interrogation before the CID of the police on 21 September 2021, despite the absence of verifiable proof of wrongdoing or breach or law.
12. 284. In the third communication, dated 21 September 2021, the complainant organizations state that on or about 4 September 2021, a member of the FTZGSEU was summoned to the CID of the Galle police station and questioned over his membership in the union, the motives of the latter for purportedly trying to disrupt the employment of 1,500 people, as well as its involvement in an industrial dispute that is pending before the labour inspection mechanism. The complainants indicate that the police further questioned him over a post of his on social media, asked for his private telephone number and told him that the Joint General Secretary of the FTZGSEU would also be summoned. According to the complainants, the incident constitutes an act of interference with the legitimate functions of an organization of workers. They emphasize that the dispute is clearly outside the purview of the police. They also inform that the FTZGSEU raised the matter in a letter addressed to the Minister of Public Security, but has not received any response.
13. 285. The complainants state that the threat of unlawful arrest, intimidation and harassment of trade union activists has forced them to disengage from their regular union functions. The complainant organizations also inform that a joint communication dated 24 August 2021 was sent by trade unions to the President of Sri Lanka to request his intervention to stop the repression of union and civil society activists.

B. The Government’s reply

1. 286. In its communication dated 28 January 2022, the Government informs that an application for fundamental rights violation has been filed by the CTU with the Supreme Court regarding the events referred to in this case. The Government therefore argues that it is important to seek justice from available domestic systems before presenting complaints to international forums, and suggests that the case should only be examined after a final judgment is rendered by the domestic court.
2. 287. The Government states that on 6 July 2021, the Director General of Health Services issued a direction informing the Inspector General of Police that public rallies and protests should not be permitted considering the high risk of spread of COVID-19. It indicates that the above-mentioned direction was issued under the Quarantine and Diseases Ordinance with the intention to prevent and control the disease, which was the main public health problem in the country. According to the Government, if public rallies and protests were permitted, the spread of the disease to different geographical locations in the country would occur since the participants are not restricted to a particular area but come from all over the country.
3. 288. The Government also states that : (i) conducting a Polymerase Chain Reaction (PCR) test within a short period of time after a high risk exposure and the test being negative does not rule out the possibility of an infection; (ii) a quarantine is imposed on persons suspected of having the disease or at risk of developing the disease due to a possible exposure to COVID-19 patients; (iii) in events gathering a large number of persons, there can be asymptomatic COVID-19 patients who can spread the disease to others; (iv) certain behaviours by persons attending rallies or protests (namely, not maintaining physical distance, overcrowding, not wearing masks or not properly wearing masks, etc.) are conducive to disease transmission; and (v) persons with high risk behaviours have to be quarantined and should be released upon completion of the mandatory quarantine period with a negative COVID-19 test result.
4. 289. The Government indicates that it always consults trade unions in matters related to labour discipline, as illustrated by the tripartite task force that was formed by the Ministry of Labour to take proactive actions to minimize the impact of COVID-19 on workers and businesses. Moreover, it states that it always respects the freedom of association of trade unions, but insists that they must respect the law of the land and that the CTU and the protesters have disregarded the measures that were in place to protect public health.
5. 290. Regarding the protest of 7 July 2021, the Government states that: (i) ten persons were arrested for protesting and behaving in an unruly manner before the State Engineering Corporation, thereby violating sections 140, 146, 264 of the Penal Code and section 59(1) of the National Thoroughfares Act, as well as the quarantine instructions contained in the direction of 6 July 2021 issued by the Director General of Health Services and punishable under sections 4 and 5 of the Quarantine and Prevention of Diseases Ordinance; (ii) the protesters were brought before the Magistrate’s Court of Fort; and (iii) the case is still pending.
6. 291. As regards the protest of 8 July 2021, the Government indicates that: (i) it was jointly organized by the CTU, the Inter University Students’ Federation (IUSF), the Workers Struggle Centre and the People’s Movement for Protection of Free Education, and gathered around 70 persons from various areas of the country at a time when the Delta virus outbreak was spreading fast; (ii) the protesters disregarded verbal messages and requests made by the police, blocked the main entry road to Parliament, walked closely together and shouted slogans without wearing face masks; (iii) 33 persons, including the General Secretary of the CTU, Mr Stalin, were arrested for unlawful assembly, disrupting public order, and violating the quarantine instructions contained in the direction of 6 July 2021 issued by the Director General of Health Services; (iv) the protesters were brought before the Magistrate’s Court of Colombo and released on bail; (v) no request was made at any time seeking an order from the court to refer them to quarantine; (vi) as the protesters were about to be transported to a quarantine centre on the instruction of the Public Health Inspector of Battaramulla, some of them managed to evade the police and flee; (vii) 16 protesters were taken to a quarantine centre in Mulativu, where they were provided basic necessities such as towels, plates and cups, toothbrushes, toothpaste and soap; and (viii) the case is still pending and the CTU filed two petitions impugning the matter.
7. 292. Concerning the protest of 3 August 2021, the Government states that: (i) it was staged near the Parliament by several members of teachers’ unions, student unions and civil society at a time when the quarantine regulations were in place; (ii) the protesters failed to obey the directions given by the police to disperse, and escalated into a violent mob; (iii) 13 protesters were arrested and brought before the Magistrate’s Court of Kaduwela; and (iv) the case is still pending.
8. 293. Regarding the protest of 4 August 2021, the Government indicates that: (i) it actually occurred on 3 August 2021; (ii) 44 protestors were arrested for violating the quarantine instructions contained in the direction of 6 July 2021 issued by the Director General of Health Services; (iii) the protesters were brought before the Magistrate’s Court of Fort; and (iv) the case is still pending.
9. 294. The Government informs that before two of the above-mentioned protests took place, the police sought preventive orders from the Magistrate’s Court of Colombo and the Magistrate’s Court of Fort under section 106(1) of the Criminal Procedure Code, but both applications were refused. The Government argues that these decisions prove that the allegations are baseless and states that in any event, the right of the complainants and other aggrieved persons to have recourse to judicial remedies remains unimpeded.
10. 295. With respect to the allegations relating to the independence of the judiciary, the Government confirms that the seminar titled “Matters relating to judicial proceedings in the context of the COVID-19 pandemic” was held on 13 August 2021. It indicates that judges are regularly invited to such seminars and that the JSC has issued more than 15 circulars in relation to the conducting of judicial activities amidst the pandemic. The Government specifies that even though the invitations were sent by the JSC, the seminar was conducted by the Sri Lanka Judges’ Institute, whose primary objective, as per section 5 of the Sri Lanka Judges’ Institute Act, is to organize and hold meetings, conferences, lectures, workshops and seminars with a view to improving the professional expertise of judicial officers and advancing their knowledge and skills and provide facilities for the exchange of views and ideas on judicial and legal matters. The Government indicates that the format of the invitation letter that was sent to the judges has been in use for the last ten years, and that the paragraph which stipulated that failure to attend the seminar would be taken into consideration with respect to recommendations for annual salary increments, foreign training and appointment to the High Court, was also inserted ten years ago. The Government points out that the seminar was organized with public funds, hence the importance of a high attendance rate.
11. 296. The Government informs that the seminar of 13 August 2021 included the following lectures: (i) medical aspects of the COVID-19 pandemic and its impact on society, by representatives from the Ministry of Health; (ii) special measures relating to judicial proceedings and court administration during the pandemic, by the Chief Justice of Sri Lanka and two other Supreme Court justices; and (iii) public nuisance in the face of the COVID-19 pandemic, by a Supreme Court justice. The Government states that at no time during the entirety of the seminar was there any discussion about or reference to any judgment or order delivered recently in respect of public nuisance or the procedure to be adopted by the police in issuing injunctions. It underlines that all lecturers explicitly stressed that every judge should deliver judgments and orders with full independence based on the matters of law and fact submitted to them.
12. 297. With regard to the allegations relating to the strike conducted by all major public sector teachers’ unions, the Government indicates that the CID of the police received a complaint from a group of teachers alleging criminal intimidation through phone calls by two individuals, which is an offence under section 468 of the Penal Code. It further indicates that the CID summoned the above-mentioned individuals and recorded their statements on 21 September 2021.
13. 298. Regarding the alleged incident involving members of the FTZGSEU, the Government indicates that the complaint related to the matter was lodged with the police on personal grounds and was not based on an employer–employee relationship, as a factory manager alleged that he was threatened by employees via posts on social media. The Government indicates that in September, two employees were summoned by the CID of the Galle police station for an inquiry, during which the police recorded their statements. The Government informs that the matter is currently under investigation.

C. The Committee’s conclusions

1. 299. The Committee notes that, in the present case, eight trade union organizations allege that trade unionists were arrested, detained and confined against their will after participating in peaceful protests during the COVID-19 pandemic. They also allege acts of violence and intimidation against protesters, as well as acts of interference in the independence of the judiciary and in trade union activities by officials acting under the aegis or the instructions of the Government.
2. 300. The Committee takes note of the Government’s indication that the CTU filed an application for fundamental rights violation with the Supreme Court with respect to the events referred to in this case. It further notes that the Government emphasizes the importance to seek justice at the national level before presenting complaints to international forums and suggests that the case should only be examined after a final judgment is rendered by the Supreme Court. In this regard, the Committee recalls that, although the use of internal legal procedures, whatever the outcome, is undoubtedly a factor to be taken into consideration, it has always considered that, in view of its responsibilities, its competence to examine allegations is not subject to the exhaustion of national procedures [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 12]. In the light of the above, the Committee will pursue its examination of the case.
3. 301. As regards the arrest and detention of trade unionists, the Committee notes that the complainant organizations allege that: (i) between 7 July and 4 August 2021, more than 80 protesters, including the Secretary General of the CTU and other members of that trade union, were arrested for taking part in peaceful and non-violent protests in defence of their professional interests; (ii) the violation of legislative provisions governing protests and measures related to the COVID-19 pandemic were invoked as a false pretext to justify the arrests; (iii) the protesters were detained and eventually released on bail;( iv) following two of the above-mentioned protests, arrested participants were driven to quarantine centres, in some cases several hundreds of kilometres away, and placed in mandatory quarantine for an intended duration of 14 days upon their release on bail, despite testing negative for COVID-19; and (v) organizations of workers were therefore prevented from staging protests regarding issues of national policy that affect them directly.
4. 302. The Committee notes that the Government, in its reply, states that: (i) on 6 July 2021, the Director General of Health Services issued a direction informing the Inspector General of Police that public rallies and protests should not be permitted considering the high risk of spread of COVID-19; (ii) protests took place and the measures that were put in place to protect public health were disregarded by the protesters; (iii) in certain protests, the participants behaved in an unruly manner, refused to obey the directions of the police or turned into a violent mob; (iv) the quarantine instructions contained in the direction of 6 July 2021 issued by the Director General of Health Services, which were invoked to arrest the protesters, are punishable under the Quarantine and Prevention of Diseases Ordinance; (v) the cases of the arrested protesters are still pending and the CTU filed two petitions regarding the protest that was held on 8 July 2021; and (vi) before two of the protests referred to by the complainants, attempts by the police to obtain preventive orders were denied by the courts.
5. 303. The Committee takes due note that the direction of 6 July 2021, which contains the quarantine instructions that led to the arrest and detention of the protesters, was issued in the context of the COVID-19 pandemic. The Committee recalls 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 Compilation, para. 132]. It also recalls that workers should enjoy the right to peaceful demonstration to defend their occupational interests [see Compilation, para. 208]. In this regard, it emphasizes the importance of the principle affirmed in 1970 by the International Labour Conference in its resolution concerning trade union rights and their relation to civil liberties, which recognizes that “the rights conferred upon workers’ and employers’ organizations must be based on respect for those civil liberties which have been enunciated in particular in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights, and that the absence of these civil liberties removes all meaning from the concept of trade union rights” [see Compilation, para. 68]. The Committee observes that the quarantine instructions were occasioned by the public health threat presented by COVID-19. It further observes, however, that although the courts rejected two attempts by the police to obtain preventive orders against protests, the quarantine instructions were invoked on four occasions within the month after they were issued to arrest and detain protesters, including the General Secretary of the CTU and other members of that trade union who contend they were protesting in defence of their professional interests, and that some of the arrests occurred during demonstrations the peaceful nature of which is not contested by the Government. In order to ensure full consideration of the fundamental rights, such as the right of peaceful assembly, that may be affected by the adoption of emergency measures, the Committee emphasizes the vital importance that it attaches to social dialogue and tripartite consultation, not only concerning questions of labour law but also in the formulation of public policy on labour, social and economic matters [see Compilation, para. 1525] and considers that such measures that might be taken to confront exceptional circumstances ought to be temporary in nature having regard to the negative consequences on workers’ rights. Should the quarantine instructions contained in the direction of 6 July 2021 still be in effect, the Committee requests the Government to engage in discussions with the relevant social partners on the practical application of the instructions with a view to allowing workers to demonstrate peacefully in defence of their occupational interests. Noting that the legal cases involving the arrested protesters are still pending, the Committee also requests the Government to keep it informed of their outcome.
6. 304. The Committee also notes that, in relation to the above-mentioned events, the complainants allege that the police: (i) on several occasions, used force and violence to arrest the protesters and move them to police stations and quarantine centres, in some cases several hundreds of kilometres away; (ii) repeatedly broke into the residences and workplaces of two trade union leaders, including the President of the CESU, Mr Samarasinghe, to search for them without an arrest warrant; and (iii) sought information on the organisers and participants involved in certain protests several weeks after they took place, despite the absence of allegations or proof of any incident. Noting with concern that the Government does not specifically address these allegations, the Committee recalls that a free and independent trade union movement can only develop in a climate free of violence, threats and pressure, and it is for the Government to guarantee that trade union rights can develop normally [see Compilation, para. 87]. The Committee requests the Government to adopt the necessary measures to ensure that trade unionists are able to exercise their legitimate activities in a climate free from violence, fear and intimidation of any kind in the future.
7. 305. Regarding the allegations of government interference in the independence of the judiciary with a view to restricting the right to peaceful assembly, the Committee notes that the complainants indicate that: (i) following the refusal by the magistrates of a number of courts to issue orders preventing public protests, all magistrates were requested by the JSC to attend a seminar titled “Matters relating to judicial proceedings in the context of the COVID-19 pandemic” on 13 August 2021; (ii) during the seminar, the Chief Justice of Sri Lanka and three other Supreme Court justices urged the magistrates to rule in favour of the police in order to limit protests and public gatherings due to the COVID-19 pandemic; and (iii) trade unions can no longer rely on the judiciary for protection against unlawful arrests and carry on their protests. The Committee also takes note of the Government’s indication that: (i) although the magistrates were invited by the JSC on the basis of format letters that have been used for the last decade, the seminar was conducted by the Sri Lanka Judges’ Institute in order to improve their professional expertise and facilitate the exchange of views and ideas on judicial and legal matters; (ii) the magistrates are regularly invited to such seminars; (iii) recent judgments or orders regarding public nuisance were not discussed or referenced at any point during the entire seminar; and (iv) all lecturers explicitly underlined that the magistrates should deliver their judgments and orders with full independence. While recalling the importance it attaches to the total independence of the judiciary in ensuring full respect for freedom of association, the Committee considers that it does not have information at its disposal to enable it to conclude that there was interference with the independence of the judiciary with a view to restricting the exercise of freedom of association rights and trusts that the Government will maintain the independence of the judiciary.
8. 306. With regard to the alleged harassment of trade unionists and interference in the affairs of workers’ organizations, the Committee notes that the complainant organizations state that: (i) on 4 September 2021, the police summoned a member of the FTZGSEU to question him over a post he made on social media, his membership in the FTZGSEU, and the involvement of the union in an industrial dispute, including its motives for purportedly trying to disrupt the employment of 1,500 people; (ii) the union member was told that the Joint General Secretary of the FTZGSEU would also be summoned; and (iii) the industrial dispute is clearly outside the scope of the police. The Committee notes the reply provided by the Government that: (i) the two employees were summoned in relation to a complaint by a factory manager who claimed that he was threatened through posts on social media, and (ii) the allegations were based on personal grounds and not on an employer–employee relationship. Observing the different accounts of the nature of the complaint presented by the factory manager, the Committee will limit itself to recalling that allegations of criminal conduct should not be used to harass trade unionists by reason of their union membership or activities [see Compilation, para. 80]. The Committee invites the complainants to provide further information on the nature of the complaint that was filed with the police against the two members of the FTZGSEU and its relation to freedom of association and the outcome.
9. 307. The Committee further notes that the complainants allege that: (i) on 17 September 2021, in the context of a strike by all major public sector teachers’ unions in the country, the Minister of Public Security stated publicly that the teacher’s strike could not be justified, compared it to terrorism and discouraged participation in it; and (ii) on 21 September 2021, the police summoned two trade union members for interrogation without any verifiable proof of wrongdoing, on the instructions of the above-mentioned Minister. The Committee also takes note of the information provided by the Government that the above-mentioned individuals were summoned because of a complaint presented by a group of teachers alleging criminal intimidation through phone calls. The Committee observes however that the Government does not respond to the allegation made by the complainants with respect to the public declaration by the Minister of Public Security. The Committee recalls in this regard that it has always recognized the right to strike by workers and their organizations as a legitimate means of defending their economic and social interests [see Compilation, para. 752]. In view of the above, the Committee requests the Government to take the necessary measures to guarantee that workers’ organizations and their members can carry out their legitimate activities without any acts of harassment and interference by the public authorities.

The Committee’s recommendations

1. 308. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Should the quarantine instructions contained in the direction of 6 July 2021 still be in effect, the Committee requests the Government to engage in discussions with the relevant social partners on the practical application of the instructions with a view to allowing workers to demonstrate peacefully in defence of their occupational interests. The Committee also requests the Government to keep it informed of the outcome of the legal cases involving the arrested protesters.
   • (b) The Committee requests the Government to adopt the necessary measures to ensure that trade unionists are able to exercise their legitimate activities in a climate free from violence, fear and intimidation of any kind in the future.
   • (c) The Committee invites the complainants to provide further information on the nature of the complaint that was filed with the police against the two members of the FTZGSEU and its relation to freedom of association and the outcome.
   • (d) The Committee requests the Government to take the necessary measures to guarantee that workers’ organizations and their members can carry out their legitimate activities without any acts of harassment and interference by the public authorities.