Rapport intérimaire - Rapport No. 222, Mars 1983

Cas no 1135 (Ghana) - Date de la plainte: 05-MAI -81 - Clos

1. 245. By communications dated respectively, 5, 13 and 17 May 1981, the Organisation of African Trade union unity (OATUU), the International Confederation of Free Trade Unions (ICFTU) and the International Federation of Building and Woodworkers (EBBW) presented complaints of violations of trade union rights in Ghana. The International Metalworkers Federation associated itself with the ICFTU complaint by a communication of 13 May 1981. Further information in support of their complaints was transmitted by the OATUU on 19 May and by the IFBWW on 26 May and 29 July 1981. The Government sent its observations in a communication dated November 1982.
2. 246. Ghana has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. E7) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 247. In its communication of 5 May 1981 the OATUU alleges that the Government has allowed people who are not constitutionally elected to occupy the Trades Union Congress offices; that most of the unionists' passports have not been returned and their accounts and those of their unions, including the Trades Union Congress, are still frozen; and that the movement of trade union leaders is restricted and normal trade union operations made impossible.
2. 248. The ICFTU complaint of 13 May 1982 alleges the impounding by the Government, in February 1982, of the passports of most of the general secretaries of the 17 national trade unions affiliated to the Ghana Trades Union Congress (TUC), as well as the freezing of the bank accounts of three unions. It further alleges the arrest and detention of ten general secretaries of national unions, including Mr. Kofi, General Secretary of the Railway and Engineering Workers' Union, Mr. Yankey, General Secretary of the Transport and Chemical Workers' Union and the National Chairman of the Road Transport Workers' Union. These events took place, according to the ICFTU, following a violent assault on the TUC headquarters on 29 April 1982 and the brutal beating by the police of a protest delegation. Lastly, the ICFTU states that the Government condoned the attack on the TUC headquarters and its occupation by persons other than the democratically elected leadership of the TUC.
3. 249. The IFBWW, in its communication of 17 May 1982, states that its two affiliates in Ghana - the Construction and Building Workers' Union and the Timber and Woodworkers Union - had their headquarters on the TUC's premises when they were violently attacked and taken over by an armed mob on 29 April. According to the IFBWW, the General Secretary of the Construction and Building Workers' Union, Mr. Charles Attah, has been compelled to flee the country and the General Secretary of its other affiliate, Mr. Sam Akom-Mensal, is in hiding. The IFBWW is concerned for his security, as well as for the security of other officials and members of its affiliates who are still in Ghana. It suspects that the Government inspired or condoned the attack on Ghana's trade unions: far example, it did not intervene to stop the events of 29 April 1982; the police violently held up a delegation sent from Takoradi to protest the takeover; at least ten top union officials have been arrested; since early February 1982, Mr. Attah's passport has been impounded, which has prevented him from functioning as a member of the IFBWW's Executive Committee.
4. 250. On 19 May 1982 the OATUU sent the following further information: the trade union leaders arrested on 5 May include Mr. C. Ahiable of the Teachers' Union; Mr. Albert Tevie of the Seamen's Union; Mr. A.K. Yankey of the Transport and Petroleum workers' Union; Mr Akoto of the Health Workers' Union; Mr. Asante of the Agricultural workers' Union; and Mr. Adjei of the Electricity Corporation.
5. 251. The further information provided by the IFBWW includes documentation describing the background to the 29 April takeover, pointing out that since the military took power on 31 December 1981 - despite the TUC's declarations of support for the new Government - the trade union movement has been continually harassed. For example, attempts to hold meetings with representatives of the party in power were thwarted by angry mobs who prevented the TUC Executive from keeping appointments. The documentation adds another name to the list of detained union leaders: Mr. Yaw Ntoah of the Private Road Transport Union; he has apparently been held, with other leaders, at Regional Police Headquarters since 1 May. The most recent information from the IFBWW, dated 29 July 1982, states that the situation remains the same, with the arrested general secretaries still on bail of 100,000 cedi each and still obliged to report to the police every day. According to the 'IFBWW, the authorities intend to hold trade union elections organised by a government-appointed interim committee; the modalities of the elections are still being discussed.

B. The Government's reply

1. 252. In its communication of November 1982, the Government states that the workers' attack on the TUC premises had nothing to do with any government decision and that the freezing of the assets of the 17 national unions was not an isolated act, but a general measure to check corruption in several areas of Ghanaian society. It explains that, in fact, long before the 31 December Revolution, the rank-and-file workers had been unhappy with the TUC leadership and had often staged wildcat strikes without regard for the leadership. It states that the TUC was also plagued by demarcation problems.
2. 253. It was against this background that the 29 April takeover took place and the Government, in pursuance of its responsibility for law and order, immediately intervened to protect life and property by assigning security personnel to protect the ousted TUC leaders and the Congress's offices. The Government states that it has requested the Registrar of Trade Unions (who is also the Chief Labour Officer of Ghana) to arrange for an audit of the accounts of all the national unions and the TUC under s. 25 of the Trade Union Ordinance, 1941. The examination of the accounts is currently in progress.
3. 254. With regard to the alleged arrest and imprisonment of trade union leaders, the Government states that no union leader was arrested; as it states above, the ousted leaders were offered protective custody for their own safety, custody which was immediately withdrawn once the tension had ceased. The Government explains that the protection was offered in police facilities because this was the only means available to make it possible for the already fully stretched police officers to protect them properly. According to the Government, during this protection the trade union leaders were not denied any rights; they received visitors freely and were fed by their own families.
4. 255. As regards the freezing of the bank accounts of the 17 national unions, the TUC and the general secretaries, the Government points out that all Ghanaians holding positions of trust and some public institutions holding funds in trust had their assets and bank accounts frozen for investigation by Vetting Committees established under the laws of Ghana. It adds that individuals whose accounts are frozen are usually required to surrender their travel documents temporarily, such documents being returned when no adverse findings are made against them or when penalties for such offences as tax evasion are paid. The Government stresses that such action is aimed at getting rid of corruption.
5. 256. The Government confirms that, following the persistent attacks on the TUC by the workers, a meeting was arranged for all parties to settle their differences on 29 January 1982, but that this meeting could not be held because the TUC leadership deserted their premises in fear of physical attack by the dissenting group.
6. 257. Lastly, the Government points out that in its earnestness to assure the workers of their freedom of association, it held negotiations with the group that took over the TUC with a view to reaching agreement with them to democratise the TUC, previous attempts to establish a compromise interim body representing the two groups having failed. According to the Government, the negotiations resulted in the following agreement: each national union should establish a seven-member Interim Management Committee (IMC) the members of which should be democratically elected is regional consultative meetings; the elected chairman of each IMC would represent his union in an IMC of the TUC to be set up; an emergency delegates' conference would be held in October 1982 to form a 17-member IMC of the TUC and elect its chairman; the Imps should manage the affairs of the unions and the TUC until the election of permanent officers takes place, after a review of the TUC's and the unions' constitutions and structure; the review should be undertaken by the IMC of the TUC within "a month or two"; local and foreign observers, including the ILO, should be invited to the conference.
7. 258. The Government states that the elections of the IMCs of the national unions took place in September and October 1982 and the emergency national delegates' conference was held on 15-17 October 1982, resulting in the election of a 16-member IMC of the TUC, the 17th member being expected from the National Union of Seamen which is yet to resolve its demarcation problems. The Government stresses that the elections were open to all workers and that the subsequent TUC elections - which shall be held following the completion of the constitutional and structural review, sometime in December 1982 - shall also be open to all interested workers, subject only to disqualifications arising from offences against national laws. It gives the assurance that the trade union leaders who fled the country are free to return and participate in the workers' revolution. It states that it will communicate the dates of the elections when they are announced by the TUC.

C. The Committee's conclusions

1. 259. The Committee notes that this case concerns alleged anti-union repression - directly or indirectly by the Government through the freezing of trade union bank accounts, the confiscation of trade union Leaders' passports, the violent occupation of the TUC headquarters (which also house the headquarters of the national unions) and the arrest of at least ten general secretaries of the national unions (the names and posts of eight being supplied). The Committee further notes the Government's general statement that these events took place after the 31 December 1981 Revolution against a background of rank-and-file dissatisfaction with the union leadership in general.
2. 260. As regards the freezing of union bank accounts in February 1982, the Committee observes from the Government's reply that this was not a measure aimed solely at the trade union movement, but that all Ghanaians holding positions of trust - and some public institutions holding funds in trust - were subjected to the same treatment. Moreover, according to the Government, this was done to allow for investigation by legally constituted committees in the face of widespread corruption. Although the complainants have not amplified this allegation with further information showing that this measure was of a purely anti-union character, the Committee would nevertheless request the Government to indicate the steps that are being taken to release the assets and funds of those trade unions affected by these measures.
3. 261. The Committee notes that the Government explains the confiscation of union leaders' passports as an ancillary measure to the legal investigation of persons holding trust funds. It would, accordingly, also request the Government to supply more precise information on this aspect of the case.
4. 262. As regards the violent attack upon and occupation of the trade unions' headquarters, the Committee notes that, while the complainants allege that the Government did not intervene to prevent these events, the Government claims that it acted immediately to protect life and property. The Committee notes from the informatics supplied by one of the complainants that this was not the first time that the trade unions' premises had been attacked or the personal security of trade union leaders threatened. Moreover, in view of the fact that it appears that the ousted leadership has not been able to regain possession of the premises, the Committee would draw the Government's attention to the Resolution concerning trade union rights and their relation to civil liberties (adopted by the International Labour Conference at its 54th Session, 1970) which includes the right to protection of the property of trade union organisations as one of the civil liberties which is essential for the normal exercise of trade union rights. As the Government states that free interim elections have taken place which will lead to full elections - probably after December 1982 - the Committee trusts that genuine democratically elected leaders are, or will soon be, in possession of the headquarters. It requests the Government to state what measures are being, or will be taken, to restore these premises to the unions in question.
5. 263. Lastly, as regards the arrest of at least ten trade union leaders (including Mr. Kofi of the Railway and Engineering Workers' Union, Mr. Yankey of the Transport and Chemical/Petroleum Workers' Union, Mr. Ahiable of the Teachers' Union, Mr. Tevie of the Seamen's Union, Mr. Akoto of the Health Workers' Union, Mr. Asante of the Agricultural Workers' Union, Mr. Adjei of the Electricity Corporation and Mr. Ntoah of the Private Road Transport Union), the Committee notes that, according to information from one complainant dated July 1982, they were still on bail of 100,000 cedi each and obliged to report to the police every day. On the other hand, the Committee notes that, according to the Government, these persons were never actually arrested but had been offered protective custody - on police premises because of the shortage of staff available - which was immediately withdrawn once the tension had ceased. In view of these directly contradictory statements the Committee would recall that measures of preventive detention may involve a serious interference with trade union activities which it would seem necessary to justify by the existence of a serious situation or emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period. In view of the Government's statement that elections of free interim management committees have taken place, paving the way for further TUC elections which will be open to all interested workers ("subject only to disqualifications arising from offences against national laws"), the Committee requests the Government to confirm that the above-mentioned trade union leaders are free to carry on their activities and participate in trade union affairs. It requests the Government to inform it whether the elections that were to be held have actually taken place and, if so, to indicate whether the ousted TUC leadership mentioned by the complainants was able to participate in them.

The Committee's recommendations

• The recommendations of the Committee
  264. 264 In these circumstances, the Committee recommends the Governing Body to approve this interim report, in particular the following conclusions:
       • (a) As regards the allegations relating to the freezing of trade union bank accounts and the confiscation of the passports of trade union leaders the Committee requests the Government to indicate the steps that are being taken to release the assets and funds of the trade unions affected by these measures and to supply more precise information on the question of confiscated passports.
       • (b) As regards the violent attack upon and occupation of the trade unions' headquarters, the Committee draws the Government's attention to the Resolution concerning trade union rights and their relation to civil liberties, which includes the right to protection of the property of trade union organisations as one of the civil liberties which is essential for the normal exercise of trade union rights. It trusts that genuine democratically elected leaders are, or soon will be, in possession of the premises and requests the Government to state what measures are being, or will be taken, to restore the premises to the unions in question.
       • (c) Faced with contradictory statements regarding the alleged arrest of at least ten trade union leaders, the Committee would recall that measures of preventive detention may involve a serious interference with trade union activities. Since further free elections were to take place within the TUC, the Committee requests the Government to indicate whether all the trade union leaders, including those mentioned in paragraph 263 above, are free to carry on their trade union activities and have been able to participate in the trade union elections.