Allegations: The complainant organization alleges violations of freedom of
association by the authorities, including the wrongful detention of UNTG-CS members; acts of
intimidation; violent interventions by the security forces, including in trade union
premises; and government interference in the election of UNTG-CS officials
- 325. The complaint is contained in a communication dated 11 May 2023 from
the National Union of Workers of Guinea-Bissau – Union Centre (UNTG-CS).
- 326. As there has been no reply from the Government, the Committee has
twice been obliged to postpone its examination of the case. At its meeting in June 2025
[see 411th Report, para. 6], the Committee launched an urgent appeal to the Government,
indicating that, in accordance with the procedural rules set out in paragraph 17 of its
127th Report, approved by the Governing Body, it could present a report on the substance
of the case at its next meeting, even if the requested information or observations had
not been received in due time. To date, the Government has not sent any
information.
- 327. Guinea-Bissau 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. Previous examination of the case
A. Previous examination of the case- 328. During its previous examination of the case, in October 2024, the
Committee made the following recommendations [see 408th Report, para.
478]:
- (a) The Committee deeply regrets that the Government has not
replied to the allegations, even though it has been asked to do so on several
occasions, including through an urgent appeal, and requests it to reply as soon as
possible.
- (b) The Committee requests the Government to ensure that, in
future, trade union leaders and members face no consequences for engaging in
legitimate trade union activity and to ensure that acts of violence and threats
targeting trade unionists are duly investigated. In particular, the Committee
requests the Government to provide detailed information on any investigations
carried out and/or any measure adopted in relation to the serious allegations of
threats and intimidation against Mr Júlio António Mendonça and Mr Yasser Ture,
UNTG-CS Secretary-General and Deputy Secretary-General, respectively, in February
2023.
- (c) The Committee expects that the Government will adopt the
necessary measures to afford the leaders elected during the 2022 UNTG-CS congress
full freedom to exercise their functions without any interference by the
authorities.
- (d) The Committee requests the Government to provide its
observations on the alleged entry by police or military forces into UNTG-CS premises
in July 2021 and May 2023 and expresses the hope that it will adopt the necessary
measures to prevent a repetition of such acts.
- (e) The Committee requests
the Government to take the necessary steps to return the offices of the UNTG-CS to
its legitimate leaders and to provide information on the follow-up given to the
legal action brought by them.
- (f) The Committee expects that the Government
will give priority to promoting and defending freedom of association by allowing the
development of free and independent trade unionism and maintaining a social climate
free of anti-union interference and actions, in accordance with its international
commitments. Observing that the Government has requested technical assistance from
the Office on questions relating to the operation and representativeness of workers’
organizations, the Committee expresses the firm hope that such assistance will be
provided and will assist the Government in implementing the Committee’s conclusions
and recommendations.
B. The Committee’s conclusions
B. The Committee’s conclusions- 329. The Committee deplores that the Government has not supplied the
requested observations and information in due time, even though it has been asked to do
so several times, including through an urgent appeal made at its meeting in June 2025.
In these circumstances, and in accordance with the applicable rules of procedure [see
127th Report, para. 17, approved by the Governing Body at its 184th Session (1971)], the
Committee finds itself obliged to present another report on the substance of the case
without the benefit of the information which it had hoped to receive from the
Government.
- 330. The Committee reminds the Government that the purpose of the whole
procedure established by the International Labour Organization for the examination of
allegations of violations of freedom of association of employers and workers is to
promote and ensure respect for this freedom in law and in fact [see Compilation of
decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 3.] The
Committee remains confident that, while this procedure protects governments against
unreasonable accusations, they must recognize the importance of formulating, for
objective examination, detailed replies concerning allegations brought against them [see
First Report of the Committee, 1952, para. 31]. The Committee urges the Government to
demonstrate greater cooperation in the future.
- 331. The Committee recalls that this complaint concerns allegations of
violations of freedom of association by the authorities, namely: (i) the wrongful
detention of UNTG-CS officials; (ii) threats of beatings and death threats against the
Secretary-General of the UNTG-CS, Mr Júlio António Mendonça, and his deputy, Mr Yasser
Ture, accompanied by other acts of intimidation, such as the patrolling of the areas
around the two officials’ homes at night by armed individuals wearing balaclavas
(February 2023); (iii) acts of violence perpetrated in a highly charged atmosphere with
the aim of preventing the UNTG-CS from renewing its leadership in 2022, despite a court
ruling confirming the validity of the electoral process; (iv) the use of public force in
the UNTG-CS premises in July 2021 and May 2023; and (v) other actions aimed at
preventing representatives of the trade union centre from carrying out their activities,
including participating in the International Labour Conference.
- 332. Recalling that the rights of workers’ and employers’ organizations
can only be exercised in a climate that is free from violence, pressure or threats of
any kind against the leaders and members of these organizations, and it is for
governments to ensure that this principle is respected [see Compilation, para. 84], the
Committee deeply regrets the absence of a reply by the Government on any of the above
points, considering that the Government’s silence on the measures taken to ensure the
protection of trade union officials and the free exercise of trade union activities
would appear to corroborate all the allegations of non-respect for trade union rights in
the country. The Committee notes in this regard that, during the discussion that took
place in the Committee on the Application of Standards of the International Labour
Conference in 2025 on the application of the Minimum Wage-Fixing Machinery Convention,
1928 (No. 26), the Committee regretted that no action had been taken to remedy the
situation two years after concerns had been raised about the violent attacks and acts of
intimidation against independent trade unions.
- 333. In these circumstances, the Committee firmly expects that the
Government will give priority to promoting and defending freedom of association by
allowing the development of free and independent trade unionism and maintaining a social
climate free of anti-union interference and actions, in accordance with its
international commitments. Recalling that the Government has requested technical
assistance from the Office on questions relating to the representativeness and operation
of workers’ organizations, the Committee once again expresses the firm hope that such
assistance will be provided and will assist the Government in implementing the
Committee’s conclusions and recommendations. The Committee requests the Government to
keep it informed in this matter.
- 334. In the light of the foregoing, the Committee finds itself once again
obliged to refer the Government to its conclusions from its last examination of the case
[see 408th Report, paras 454–478] and to recall all of its previous
recommendations.
The Committee’s recommendations
The Committee’s recommendations- 335. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) The
Committee deplores that the Government has not replied to the allegations, even
though it has been asked to do so on several occasions, including through an urgent
appeal, and requests it to reply as soon as possible.
- (b) The Committee
requests the Government once again to ensure that, in the future, trade union
officials and members face no consequences for engaging in legitimate trade union
activity and to ensure that acts of violence and threats targeting trade unionists
are duly investigated. In particular, the Committee requests the Government to
provide detailed information on any investigations carried out and/or any measure
adopted in relation to the serious allegations of threats and intimidation against
Mr Júlio António Mendonça and Mr Yasser Ture, the National Union of Workers of
Guinea-Bissau – Union Centre (UNTG-CS) Secretary-General and Deputy
Secretary-General, respectively, in February 2023.
- (c) The Committee firmly
expects that the Government will adopt the necessary measures to afford the
officials elected during the 2022 UNTG-CS congress full freedom to exercise their
functions without any interference by the authorities.
- (d) The Committee
once again requests the Government to provide its observations on the alleged use of
public force in the UNTG-CS premises in July 2021 and May 2023 and expresses the
hope that it will adopt the necessary measures to prevent a repetition of such
acts.
- (e) The Committee once again requests the Government to take the
necessary steps to return the offices of the UNTG-CS to its legitimate officials and
to provide information on the follow-up given to the legal action brought by
them.
- (f) The Committee firmly expects that the Government will give
priority to promoting and defending freedom of association by allowing the
development of free and independent trade unionism and maintaining a social climate
free of anti-union interference and actions, in accordance with its international
commitments. Recalling that the Government has requested technical assistance from
the Office on questions relating to the operation and representativeness of workers’
organizations, the Committee once again expresses the firm hope that such assistance
will be provided and will assist the Government in implementing the Committee’s
conclusions and recommendations. The Committee requests the Government to keep it
informed in this matter.