Informe provisional - Informe núm. 199, Marzo 1980

1. 210. The Committee has already examined this case on several occasions, the most recent of which was in November 1979, when it submitted an interim report to the Governing Body.
2. 211. The Government has since sent a communication to the ILO, dated 22 January 1980.
3. 212. Tunisia has ratified both 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

1. 213. The case concerns essentially the after-effects of a 24 hour general strike called on 26 January 1978, which resulted, inter alia, in the arrest and conviction of numerous trade union officials, including Habib Achour, General Secretary of the Tunisian General Labour Union (UGTT).
2. 214. The Committee noted that the objectives of the general strike were defined quite differently by the Government and by the complainants. The latter maintained that the trade union leaders had been convicted for carrying out their trade union activities. According to the Government, on the contrary, the work stoppage had been politically motivated; its purpose was to hamper the functioning of institutions and paralyse the country's economy. The State Security Court, in its judgement of 9 October 1978, likewise qualified the strike as illegal; it sentenced Habib Achour and his collaborators for conspiracy against the State. The Committee was of the opinion that the facts before it were too contradictory to allow it to decide on the objectives of the strike with full knowledge of the facts.
3. 215. As regards the arrest of numerous trade unionists and the conviction of certain of them, the Committee noted that many of these persons were at liberty (because no case had been found against them, they had suspended sentences or they had been conditionally released). It thus appeared from a letter sent by the Government in June 1979 that by that date 77 of the arrested trade unionists mentioned in the complaints were at liberty and that 15 were still serving their sentences. The Government had not, however, supplied further information or, one of the trade union officials, Ahmed Triki, Deputy General Secretary of the Sfax Regional Union.
4. 216. In October 1979 the Government stated that on 3 August 1979 the Head of State announced that Mr. Habib Achour had been pardoned. It stated that he had only been in prison for one year and a few months although he had been sentenced to ten years' forced labour. The Government added that measures of clemency from which other sentenced trade unionists could benefit were within the prerogative of the Head of State.
5. 217. The ICFTU, also in October 1979, stated that, despite the pardon granted to Habib Achour, he was under house arrest and closely watched. Some members of his family were authorised to visit him, but he was allowed to speak only to visitors who had been approved by the State Security Police.
6. 218. At its session in November 1979 the Governing Body, on the recommendation of the Committee;
   • (a) noted with interest that 77 of the trade unionists listed by the complainants were at liberty and requested the Government to indicate whether they had been able to resume their trade union activities;
   • (b) also noted with interest that Habib Achour had been granted a pardon and asked the Government to supply information on the restrictions on freedom to which he was said still to be subject, as well as on any other measure which might be taken in his favour;
   • (c) also requested the Government to provide information on any new measures taken, with a view to restoring full trade union freedom, as regards the 14 trade unionists listed in the annex who were still in prison;
   • (d) requested the Government to communicate information on the situation of Mr. Ahmed Triki.

B. The Government's communication

1. 219. In its communication of 22 January 1980 the Government first refers to the situation of the released trade unionists. In this respect it states that the exercise of trade union responsibilities is a matter for the free choice of the persons concerned and is governed by the provisions of section 251 of the Labour Code and article 25 of the by-laws of UGTT.
2. 220. Section 231 of the Labour Code stipulates that, no office of administration or management in an occupational association shall be held by any person who has been sentenced by a court of law of any kind to more than three months' imprisonment. Article 25 of the by-laws of UGTT further stresses that "eligibility for office in a primary union is restricted to those who have been members of UGTT for at least two years, provided that they have not been convicted by a common-law court". The Government remarks that some of the 77 released trade unionists have been reinstated in their primary union, since they have conformed to the legal provisions and have expressed the wish to return.
3. 221. As regards the present situation of Habib Achour, the Government confirms its previous statement, namely that Mr. Achour is now living with his family following his pardon. As regards the other trade unionists who are still serving their sentences the Government reiterates that measures of clemency from which they could benefit are within the prerogative of the Head of State.
4. 222. As regards Mohamed Triki, General Secretary of the Sfax Regional Union, the Government states that he was released following a presidential pardon.

C. Conclusions of the Committee

1. 223. The Committee takes note of the most recent communication of the Government. In particular, it notes with interest that Mohamed Triki has been pardoned and released. The Committee feels obliged, however, to note that no measures of clemency have yet been taken in respect of the 14 trade union leaders who were still imprisoned at the time of its previous session. It recalls that these persons were leading officials of UGTT, since nine of them were members of the national executive and five were officials of regional or occupational federations. The Committee considers that a re-examination of the situation of the officials who are still imprisoned would help to reduce any tension which might still remain following the serious events of January 1978, and would lead to the restoration of full trade union freedom.
2. 224. Regarding Habib Achour, the Committee regrets that the Government has not supplied more precise information on his situation, in particular on the existence or absence of restrictions on his freedom of movement. The Committee would like to be kept informed of any further measures taken in respect of either Habib Achour or the trade union officials who are still imprisoned, and whose names are listed in the annex to the 197th Report of the Committee.
3. 225. Concerning the situation of the former UGTT officials who have now been released, the Committee notes that some of them have rejoined their primary unions. It would appear, however, from the provisions of the Labour Code that the persons convicted following the strike of 26 January 1978 are no longer eligible for trade union office. In this connection the Committee considers that it would be desirable, for the purpose of defining the grounds for ineligibility for trade union office, to make a distinction between different kinds of offences according to whether or not they are prejudicial to the proper exercise of trade union office. In the present case the Committee is of the opinion that it would be desirable, with a view to conciliation and in the interests of the development of the Tunisian trade union movement, to envisage the future possibility of allowing the convicted trade unionists once again to assume trade union office.