Effect given to the recommendations of the committee and the Governing Body - Report No 381, March 2017

Effect given to the recommendations of the Committee and the Governing Body

1. 18. The present case, in which the complainants denounce the violent suppression by the law enforcement authorities of a peaceful march organized by the main trade union confederations of the country in December 2013, was last examined by the Committee at its June 2015 meeting [see 375th Report, paras 102–115]. On that occasion, the Committee, expressing regret that the Government had not replied to its urgent appeal, strongly urged the Government to immediately take the necessary measures to conduct an investigation into the alleged acts of violence and to take all the appropriate steps and issue the relevant instructions to the law enforcement authorities to ensure that in future the workers’ right to demonstrate peacefully to defend their occupational interests may be exercised in accordance with the principles of freedom of association.
2. 19. In a communication dated 25 June 2015, the Government indicates that the trade union organizations in question had chosen to organize their demonstration on the same day that the President of the Republic was due to deliver his message to the National Assembly on the state of the nation and that, in order to avoid the risk of disturbing public order, the Government had recommended that the union leaders postpone the march. The Government adds that it was never the intention of those in charge of security and public order to organize any repression of the demonstrators, but that the latter had attempted in every way to defy the arrangements put in place to guarantee the security of the Head of State and those involved in the ceremony at the National Assembly.
3. 20. The Committee observes that the demonstration had not been prohibited, but that it had been proposed to the trade union organizations to postpone it. The information provided by the Government does not include information on alternative solutions that could have been considered or discussions that could have been held with the trade union organizations in order to minimize the risks to public order (such as changing the route). According to the Government, it seems that the reaction of the security forces stemmed from disturbances at the demonstration. While taking note of this information, the Committee wishes to recall that the authorities should endeavour to come to an understanding with the organizers of the demonstration on where and under what conditions the demonstration should take place, and that the intervention of the forces of order should remain in due proportion to the danger to law and order that the authorities are attempting to control. Noting that there are no other outstanding issues, the Committee considers that the present case does not require further examination.