Informe provisional - Informe núm. 246, Noviembre 1986

1. 313. The Committee has already examined this case at its February 1986 meeting and presented an interim report to the Governing Body. (See 243rd Report, para. 489 to 554, approved by the Governing Body at its 232nd Session (March 1986).)
2. 314. Since then, the ILO has received the following communications from the complainants: the World Confederation of Organisations of the Teaching Profession (WCOTP): 13 March, 15 April, 28 and 29 May, 16 June 1986; the International Confederation of Free Trade Unions (ICFTU): 5 May 1986; the World Federation of Teachers' Unions (FISE): 30 May and 18 June 1986. For its part, the Government sent its observations in communications of 20 May and 29 October 1986.
3. 315. Tunisia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087), and the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. Previous examination of the case

1. 316. The origin of this case was a dispute between the Tunisian General Labour Union (UGTT) and the Government of Tunisia over the question of how wages were to be fixed. Subsequently, the dispute broadened and involved matters other than the initial collective bargaining problem and the situation deteriorated considerably following strikes organised by the UGTT and the repressive measures which, according to the complainants, were taken by the authorities, namely requisitioning of striking staff, replacement of strikers by people from outside the service, dismissal of strikers, arrests and prison sentences of workers, bans on trade union general assemblies in undertakings, obstruction of trade union meetings, suspension of the UGTT newspaper, abolition of the check-off system and the detachment of civil servants to the permanent services of the UGTT, the occupation of the premises of the UGTT by interim committees assisted by the police.
2. 317. In view of the seriousness of the dispute, a meeting held between the Minister of Labour and the executive committee and other officials of the UGTT led to the conclusion, on 4 December 1985, of an agreement which provided for the following: (l) the release of those trade unionists who had been arrested, (2) the reinstatement of dismissed workers, (3) the restructuring of the unions, and (4) the resumption of negotiations on all the questions at issue. However, the complainants were of the opinion that the Government had taken no steps to implement the agreement that had been concluded.
3. 318. Finally, new allegations reported the arrest and sentencing to a term of imprisonment of Mr. Habib Achour, Secretary-General of the UGTT, and six other trade unionists.
4. 319. In addition, the Committee was informed that an ILO mission, led by Mr. Bertil Bolin, Deputy Director-General, had been carried out in Tunisia from 16 to 18 February 1986. Its purpose was to assist in seeking solutions to the problems to which the present complaint against Tunisia had given rise.
5. 320. At its March 1986 session, the Governing Body approved the following conclusions of the Committee:
   • (a) In general, the Committee expresses its concern over the seriousness of the social tension which the measures referred to in the allegations, in particular the occupation of trade union premises, have created. In the Committee's view there can be a lasting and effective solution to the present problems only if the organisations participating in the social dialogue are strong, genuinely free and independent. This presupposes, in particular, that the UGTT can carry out its activities free from any constraint and within the framework of its statutes.
   • (b) The Committee considers that it is of the utmost importance that negotiations between the parties to the agreement of 4 December 1985 be resumed with a view to implementing that agreement rapidly and in full. It also considers that the ILO could, should the parties so wish, continue to play a useful role in seeking a solution to the conflict that is based on those ILO principles of freedom of association referred to in its conclusions.
   • (c) The Committee therefore requests the Government to consider the possibility of implementing these recommendations and to communicate information on any measures taken towards the reinstatement of the dismissed strikers, the release of imprisoned trade unionists, an amnesty for the sentenced workers, a lifting of the ban on trade union meetings and the suspension of the UGTT newsletter, as well as a re-examination of the questions concerning the check-off system and the secondment of civil servants to trade union organisations.
   • (d) The Committee requests the Government to transmit its observations on the recent sentences passed on trade unionists belonging to the UGTT, including Mr. Habib Achour, and on their conditions of detention.
   • (e) The Committee requests the Government to transmit its observations on the allegations concerning the occupation of the premises of the UGTT.

B. New allegations

1. 321. In its communication of 13 March 1986, the WCOTP furnishes a list of 51 unionised teachers and 14 primary school principals who, according to the complainant, were dismissed following the occupation of the premises of the UGTT and the General Trade Union of Primary School Teachers.
2. 322. In its communication of 15 April 1986, the WCOTP states that the agreement of 4 December 1985 between the Government and the UGTT has not yet been implemented, and that the premises of the General Trade Union of Primary School Teachers (SGEP) and the National Trade Union of Teachers of Higher Education and Scientific Research (SNESRS) are still occupied and inaccessible to the members of these trade unions.
3. 323. The WCOTP also points out that the Secretary-General of the SNESRS, Mr. Moncef Ben Slimane, was arrested on 18 February 1986. Subsequently, he was placed under house arrest until l March 1986. Before his arrest, according to the WCOTP, he was dismissed from his position at the university. Moreover, following a strike organised at the university to protest against the arrest of the Secretary-General of the SNESRS, a press release issued by the Ministry of Higher Education declared the trade union illegal. Consequently, no discussions or negotiations have been conducted with the SNESRS. Lastly, the WCOTP reports that all trade union meetings on university premises have been banned.
4. 324. The WCOTP attaches to its communication a list of secondary school teachers who have been punished owing to the dispute between the Government and the trade unions: 12 dismissals, three suspensions, seven enlistments in the army and five transfers.
5. 325. In its communication of 5 May 1986, the ICFTU states that the social situation in Tunisia is deteriorating. Several dozen UGTT unionists are been detained, including Habib Achour, who was sentenced to two additional years' imprisonment. According to the ICFTU, hundreds of militants are still dismissed for regular trade union activities. The legitimate leaders of the UGTT are under permanent or semi-permanent police surveillance and most of them have had their passports confiscated.
6. 326. The ICFTU adds that on 29 and 30 April 1986, the provisional committees opposed to the legitimate leaders of the UGTT organised a special congress usurping the name of the UGTT, with the Government's full support. According to the ICFTU, the mere fact that this congress was held, not to mention the public authorities' recognition of this new leadership, clearly shows that the Government has interfered in the internal affairs of the UGTT, thereby violating the autonomy of this organisation and the principles of freedom of association.
7. 327. In its communication of 28 May 1986, the WCOTP alleges that on 21 April 1986, Mr. Moncef Ben Slimane, Secretary-General of the National Trade Union of Teachers of Higher Education and Scientific Research (SNESRS), was arrested and detained by the police for a period of nine days. On 2 May 1986, the trade union's administrative committee issued a statement condemning the actions carried out by the police on university grounds. Although Mr. Ben Slimane was not present at the meeting, his signature was affixed to the statement and for this reason another indictment was brought against him on 24 May 1986, following a new arrest on 14 May. According to the WCOTP, this represents a violation of Article l of Convention No. 98 which protects workers against anti-trade union discrimination.
8. 328. In its communication of 30 May 1986, the FISE also reports Mr. Moncef Ben Slimane's arrest which, in its opinion, represents yet another example of the Government's efforts to suppress the independent trade union movement.
9. 329. In its communication of 29 May 1986, the WCOTP states that the delegates to the UGTT congress of 29 and 30 April 1986 were appointed at meetings called by the Destourian Socialist Party, the party in power. Its communication includes a copy of a notice of a meeting of this type, and states that no trade unionists participated in these meetings. It also states that the new Secretary-General appointed at the congress is the director of a large undertaking, the United Foundries, and thus represents management. Lastly, it alleges that the congress modified the statutes of the UGTT, deleting all references to "justice", "social", "autonomy", "independent" and "patriotism".
10. 330. In its communication of 16 June 1986, the WCOTP furnishes additional details on the arrest and indictment of Mr. Moncef Ben Slimane. It also furnishes the text of the statement made by the executive committee of the SNESRS which led to the indictment. This statement criticises the violent tactics used by the police in the siege of the university, it requests an investigation of these acts of violence and asks that talks be held with the trade union with a view to finding a solution to the problems in the university. The WCOTP explains that this motion was presented to the Ministry of Higher Education and Scientific Research by a trade union delegation. The statement was not published in the press; instead, the Ministry forwarded it directly to the Ministry of the Interior, and it was on the basis of this text that Mr. Ben Slimane was accused of defaming law enforcement and government authorities.
11. 331. In its communication of 18 June 1986, the FISE reports that Mr. Ben Slimane was sentenced to imprisonment for a period of one year.

C. The Government's replies

1. 332. In its reply of 20 May 1986, the Government recalls that its difficulties with the UGTT began in April 1985, following a difference of opinion on the interpretation of certain legal provisions concerning the question of how wages were to be fixed. According to the Government, far from being unusual, this difference of opinion is rather commonplace in a country that has chosen the path of collective bargaining and full respect for the principles of freedom of association, and where trade union organisations are powerful and enjoy full guarantees of autonomy and independence in the exercise of their activities. A government note draws attention to the dangers inherent in the UGTT's request to link increases exclusively to price increases; in the light of the exceptional circumstances of the national economy and the impact of the international economic crisis, the Government proposed that all wage increases be linked, among others, to increases in production and productivity, appealing to the social partners to respond to the economic crisis in a spirit of solidarity and to accept a fair and equitable distribution of the sacrifices required by current economic difficulties.
2. 333. The Government adds that, despite its appeals, its willingness to continue negotiations in an effort to reach agreement on the problems at hand and the fact that the country needs social peace now more than ever, certain leaders of the UGTT have categorically refused to consider the Government's proposals; instead, they have become increasingly adamant and continue to insist on unconditional wage increases, leading to to even greater social tension.
3. 334. In addition, despite the problems caused by the massive expulsion of Tunisian workers from Libya, certain UGTT leaders refused to postpone a series of strikes planned for the month of August of 1985, even though negotiations with the Government continued; instead, they hardened their position and ignored the Government's invitation to call a truce in the light of external threats to the nation's security.
4. 335. In spite of the negative attitude of UGTT trade union leaders and the continued aggravation of social tensions, the Government reaffirmed its commitment to open and responsible dialogue and reiterated its interest in overcoming the difficulties. It was in this spirit that the Minister of Labour held a meeting on 9 November 1985 with the executive committee of the UGTT. The meeting, which took place in a cordial atmosphere that was conducive to continuing dialogue, helped to relieve some of the tension and led to the release of certain trade unionists and the reinstatement of dismissed workers. A lull in social tensions followed this meeting.
5. 336. In the meantime, the Government adds, UGTT trade unionists throughout the country began to criticise the rigid positions of their leaders and the excessive politicisation of their organisation; accordingly, they undertook a large-scale effort to correct the situation by establishing a number of provisional trade union committees. Faithful to its tradition of respect for trade union autonomy, the Government refrained from any interference in the matter, which it considered a purely internal matter within the UGTT rank and file. It stated that it was up to the trade unionists themselves to resolve the problems of their organisation and to set the course for their future free of any outside interference.
6. 337. The Government adds that it continued to hold talks with the UGTT in spite of the latter's internal crisis. Thus, the Minister of Labour held a meeting with the executive committee of the UGTT on 4 December 1985, which was followed by the publication of a communiqué. This communiqué, which was received favourably by all parties involved, represents a solid foundation for an eventual solution to the parties' differences through a concrete and responsible dialogue. However, once the principles defined in the communiqué were implemented, certain difficulties arose. These difficulties are linked, in part, to the contents of the communiqué itself, which calls for close collaboration between all parties involved in defining the terms and conditions of its implementation. Furthemore, these difficulties are exacerbated by the absence of a consensus within the UGTT's executive committee on how to bring about a normalisation.
7. 338. In fact, according to the Government, the disagreement among UGTT union leaders concerning the implementation of the above-mentioned communiqué led a number of them to question and eventually repudiate the communiqué of 4 December 1985. It was thus that the administrative committee at its meeting of 12 January 1986 called into question the decision taken by the executive committee and other officials of the UGTT to replace Mr. Habib Achour at the head of the UGTT by Mr. Sadok Allouche. The latter was appointed Secretary-General by the expanded executive committee, the only authority empowered to assign responsibilities within the executive committee. Furthermore, this meeting of 12 January 1986, which eight members of the UGTT executive committee failed to attend, created confusion among trade union officers, most of whom contested the decision of the administrative committee.
8. 339. None the less, over a period of several weeks, contact was never interrupted and consultations continued to take place between the various parties interested in the trade union's normalisation. On the occasion of the UGTT's 40th anniversary (20 January 1986), the President of the Republic responded to the persistent threats to national security; looking beyond the simple issue of trade union normalisation, the President called for a spirit of solidarity and appealed to workers and trade unionists from all factions to consolidate trade union action within a "strong, glorious and representative organisation" capable of contributing with other national organisations to the cause of national development, as it had done in the past.
9. 340. On the same occasion, the Prime Minister invited all worker confederations (the Tunisian National Labour Union and the UGTT), including the members of the UGTT executive committee, to reach a national consensus within the trade union movement that would guarantee progress and best reflect the Tunisian reality. The members of the executive committee refused to attend this meeting. None the less, consultations continued with the opposing factions in an effort to unify the Tunisian trade union movement.
10. 341. In keeping with its commitment to dialogue and tripartism, the Government accepted the missions of the International Labour Office and the ICFTU, furnishing all pertinent information on the trade union situation in Tunisia in the hope of reaching a solution to these problems.
11. 342. The persistence of the trade union's internal crisis led the trade unionists involved in the provisional committees to organise a special congress of the UGTT, which was held on 29 and 30 April 1986, and which elected a new executive committee.
12. 343. The Government adds that it remains committed, as always, to a policy on collective bargaining that reconciles the defence of workers' occupational interests with the national interest, within the framework of a constructive agreement and with all due respect for the autonomy of trade union organisations. In this connection and on the occasion of Labour Day, the Government announced on l May 1986 a series of social measures (enhancement of family allowances, restoration of the SMIG and the SMAG, etc. ) with a view to increasing workers' purchasing power despite the country's difficult economic circumstances. This is further proof that Tunisia's social policy is and will remain progressive and deeply committed to the establishment of lasting social peace built on a frank, constructive and responsible dialogue.
13. 344. In conclusion, the Government declares that it is deeply committed to the existence of autonomous and responsible workers' trade union organisations and to the consolidation of the social dialogue at all levels and in all areas.
14. 345. Concerning the allegations of the arrest of trade unionists whose names appear in a list appended to the Committee's previous report on this case, the Government states that none of these trade unionists are being detained and that none of them are being prosecuted. It specifies that all legal action in this case was taken by common law courts for infringements of common law having no relation whatsoever with the exercise of trade union rights.
15. 346. Concerning the measures taken against teachers, the Government states that disciplinary measures were taken by the disciplinary council, in accordance with current legislation governing the teachers' statute, against persons found guilty of serious professional misdemeanours. It adds that several among those disciplined have been reinstated.
16. 347. In its communication dated 29 October 1986 the Government points out that the President of the Republic, ever faithful to the principles of unity and solidarity, made an appeal to all the workers and trade unionists of all tendencies to unite their action within one "strong, glorious and representative organisation" which alone could permit the development process to continue successfully. The Government adds that it is also through its attachment to the principles of justice and the improvement of the welfare of Tunisians that it has adopted a series of social measures the object of which is to preserve the purchasing power of the workers and increase the wages of the less privileged workers. This has been done in spite of the economic difficulties facing Tunisia and which are the result of the economic crisis in the world.
17. 348. The Government states that, since this appeal was made, meetings and consultations have taken place between the two central unions (UGTT and UNTT) and these have led, on 9 September 1986, to the declaration of the unification of the two organisations into a single General Tunisian Labour Union. This agreement shows the willingness of the large majority of trade unionists to work in one "powerful, united and independent trade union organisation" which combines all forces and trade unionists of good will. It also demonstrates the concern of trade unionists to "assemble conditions that are favourable" for the UGTT to devote itself to its new goal of trade union action based on conscious participation, attachment to what is authentic, and loyalty to the workers and their cause.
18. 349. The two organisations have also decided to hold a National Congress on 27 January 1987 (the anniversary of the founding of the UGTT). In order to prepare the Congress the new provisional UGTT, consisting of members of the former executive boards of two workers' organisations, met on 24 September 1986 and examined the general question of establishing trade union unity, the trade union situation in the country and the elaboration of a national trade union charter.
19. 350. As regards Mr. Habib Achour, the Government states that he was sentenced by the competent courts for common law crimes following a complaint filed by the Director of the workers' co-operative "Cosoup" where the premises were broken into by Mr. Achour and a group of his colleagues. He was also sentenced for mismanagement in terms of article 86 of the Commercial Code.
20. 351. As regards Mr. Moncef Ben Slimane, the Government explains that he was recruited as an assistant on probation under the statute on higher education. He had to do a two-year probationary period before being confirmed permanently and titularised, or thanked for his services. During the probationary period, Mr. Ben Slimane committed a serious act of insubordination towards a high official of his Ministry, that is to say the Ministry of Higher Education and Scientific Research. As a result, the Government considers that the law applicable in Tunisia was scrupulously respected and his dismissal legally well-founded. In spite of this decision to dismiss him, and of which he was officially informed, Mr. Ben Slimane continued to appear on the campus and in a number of university institutions. On several occasions he was told to refrain from doing so, but he continued to appear in these places. In May 1986 he was discovered in possession of subversive pamphlets against the Government; since these had nothing do to with trade union activities, he was sentenced by the competent courts.

D. The Committee's conclusions

1. 352. Having examined the Government's reply, the Committee can only note that no new elements capable of promoting a solution to the difficulties which gave rise to the complaint in this case have become apparent since the Committee last examined this case in February 1986. While it is true that the Government states that the trade unionists whose names appear on the lists submitted by the complainants are at present free and that some of the teachers who had been disciplined have been reinstated, other measures, such as the sentencing of Habib Achour to a new prison term and the sentencing of the Secretary-General of the National Trade Union of Teachers of Higher Education and Scientific Research, Mr. Moncef Ben Slimane, certainly represent major obstacles to the resumption of a constructive and peaceful dialogue with an important part of the trade union movement.
2. 353. As regards these court judgements, the Committee notes that, according to the Government, Mr. Achour was sentenced for common law crimes and Mr. Ben Slimane for being in possession of subversive pamphlets. The Committee, however, notes that these sentences were passed at a time when the Government was in conflict with the leadership of the trade unions to which those persons belonged. According to the complainants, this explains why they were sentenced. In addition, the Committee must note that, according to the information before it, the accusations brought against Mr. Achour, which led to the first judgement against him, related to a former period, and that the pamphlets in the possession of Mr. Ben Slimane only, according to the complainants, demanded that inquiries be carried out into the acts of violence in the university. The Committee considers, in the circumstances, that the granting of an amnesty to these persons would assist in reducing tension.
3. 354. In addition to these allegations, the Committee must emphasise that the solution to the social and economic problems of any country cannot possibly lie in the suppression of important sections of the trade union movement. On the contrary, only the development of free and independent organisations and negotiation with all those involved in the social dialogue will enable a government to confront these problems and resolve them in the best interests of the workers and of the nation.
4. 355. In this perspective, the Committee once again urges the Government to make every effort to bring about the conditions required to re-establish a trade union situation that respects the principles of freedom of association, especially in the implementation of the agreement signed by the expanded executive committee of the UGTT and the Minister of Labour on 4 December 1985. Once again, the Committee requests the Government to keep it informed of all measures taken in this regard.
5. 356. In addition, the Committee notes that the Government, in its reply, does not mention the allegations relating to the violation of the statutes of the UGTT when the congress was convened and held in April 1986, or the occupation of the UGTT's premises. The Committee requests the Government to transmit its observations on these matters.