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
- 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.
- 271. The Government of Sri Lanka transmitted its observations on the
allegations in a communication dated 28 January 2022.
- 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
A. The complainant’s allegations- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
B. The Government’s reply- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
C. The Committee’s conclusions- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
The Committee’s recommendations- 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.