Informe provisional - Informe núm. 279, Noviembre 1991

1. 717. The World Confederation of Labour (WCL) submitted a complaint of violation of trade union rights against the Government of Côte d'Ivoire in communications dated 22 February and 17 July 1991. The Government sent its reply in a letter dated 25 September 1991.
2. 718. The Côte d'Ivoire 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

1. 719. In its communications of 22 February and 17 July 1991, the WCL alleges that the Government is holding up the recognition of the trade union federation "Dignité" and has engaged in various measures of intimidation and anti-trade union discrimination against trade union officials belonging to this organisation.
2. 720. The WCL explains that, since 1962, there has only been one trade union organisation in Côte d'Ivoire, whose executive has been won over to the government side and does not seem very concerned over the worsening working and living conditions of workers; indeed, the latter feel the need for a better defence of their occupational, social and economic interests. This dissatisfaction resulted in the emergence of a new trade union federation named "Dignité", affiliated to the World Confederation of Labour, which groups a large number of trade unions in various sectors of activity. Several months ago, "Dignité" made known its constitution and deposited its rules with the authorities concerned. In accordance with the legislation in force, its recognition should have been published in the Official Gazette after a time-limit of three months. However, until now, there have been no further developments. This delay clearly constitutes an attempt to restrict the development and activities of "Dignité" as a trade union organisation.
3. 721. Furthermore, the complainant maintains that workers belonging to "Dignité" are subject to intimidation and arbitrary measures and that attempts are made to impede the activities of its officials to prevent them from fulfilling their functions and benefiting fully from their trade union rights for the defence of workers' interests. In other words, freedom of association and protection of the right to organise are not respected.
4. 722. Austerity policies, combined with a drop in raw material prices, have resulted in serious cuts in social budgets and study grants, in cuts in wages and staff in the public service - but also in the private sector - and in injustices which have sparked off legitimate protests. On 2 August 1990, a mass demonstration was held to protest against wage cuts, the arrest of trade unionists belonging to SYNARES and SYNACASSCI and some of their wives, and against arbitrary measures.
5. 723. During this demonstration, 29 members of "Dignité" were arrested and detained for 12 days - including three primary-school teachers whose monthly salary was suspended. These teachers were: Gouali Gnonka, Zouzoua Kalou Prosper and N'cho Aké (national secretary-general of the trade union of primary teachers belonging to "Dignité"). These three teachers were not called before the disciplinary council of the public service; this implies that they were subjected to disciplinary measures of the first degree. In this case, there was failure to comply with the provisions of the General Statutes of the Public Service for - amongst other things - the following reasons: those concerned were not asked for an explanation of their conduct; and their pay was suspended by 100 per cent instead of 50 per cent. Furthermore, these three trade union officials received a letter telling them that they were to be posted to outlying areas for the school year - which is not normal during a school year and is tantamount to a new disciplinary measure.
6. 724. Subsequently, Gouali Gnonka and Zouzoua Kalou Prosper received all the arrears due on their monthly salary; but N'cho Aké did not benefit from the same measure although there is no doubt as to his professional competence. He has not received his salary since April 1990. Furthermore, a proposal was made to him that his salary would be restored if he resigned from the trade union "Dignité" - a proposal that he refused.
7. 725. These arbitrary measures against these three teachers were taken with a view, among others, to discouraging workers from claiming their lawful rights as regards wages and from taking part in any public protest demonstrations in the future. The WCL considers that such an attitude infringes the right to bargain collectively and freedom of expression and is contrary to the proper conduct of a true democracy and a modern State. It maintains that the action taken by the Government constitutes a violation of Conventions Nos. 87 and 98 and requests that the necessary steps should be taken by the authorities of Côte d'Ivoire to ensure that:
   • - "Dignité" is officially recognised and that the authorities do not hamper either its running or activities, in accordance with ILO Conventions Nos. 87 and 98;
   • - the arrears in salary due to N'cho Aké are paid;
   • - the arbitrary decision to send three teachers, Gouali Gnonka, Zouzoua Kalou and N'cho Aké to the interior of the country is annulled.

B. The Government's reply

1. 726. In its communication of 25 September 1991, the Government maintains that public officials are guaranteed the right to organise under section 13 of Act No. 64-488 of 21 December 1964 setting up the general regulations of the public service. Their occupational trade unions are regulated by labour legislation. Section 4(1) of the Labour Code stipulates: "Persons carrying on the same trade, similar crafts or allied trades associated in the preparation of specific products, or the same profession, shall be free to form a trade union. Every worker or employer shall be free to join a trade union selected by him within his own trade or profession." Freedom of association and the protection of the right to organise, as provided for by Convention No. 87 of the International Labour Organisation, are fully exercised in Côte d'Ivoire. At present, there are 42 trade unions of public servants and allied branches and 108 workers' trade unions in the private sector.
2. 727. As regards the setting up and recognition of the trade union federation "Dignité", the Government quotes the provisions of section 5 of the Labour Code: "The founders of any occupational trade union shall register the rules and the names of those who, in whatever capacity, are trusted with its administration or management ... This registration shall take place at the city council or the headquarters of the administrative district in which the trade union is situated, and a copy of the rules shall be addressed to the labour inspector and the public prosecutor of the jurisdiction". The Labour Code of the Côte d'Ivoire therefore provides neither for a procedure of official recognition for occupational trade unions, nor a subsequent publication of this recognition in the Official Gazette.
3. 728. The rules of a group named "Federation of Free Trade Unions of Côte d'Ivoire" (FSLCI) - "Dignité" - were deposited on 25 April 1990 at the Abidjan city council by Mahan Gahie Basile, secretary of this trade union. Upon examining these rules, the administrative authority pointed out that the name "Federation of Free Trade Unions of Côte d'Ivoire" did not comply with the requirements laid down in section 24 of the Labour Code which stipulates that occupational trade unions established in accordance with the law may join together in associations. However, the rules of "Dignité" do not mention the various basic trade unions making up this federation. Consequently, the name "Federation" is not in accordance with the principle laid down in section 24 of the Labour Code which covers associations of trade unions. However, Mahan Gahie Basile has been requested for more specific details on the matter.
4. 729. The pay of Gouali Gnonka, Zouzoua Kalou Prosper and N'cho Aké was suspended on the grounds that they had not turned up for work when courses resumed on 2 April 1990, after schools had been closed by the Government because of the social upheavals during the months of February and March 1990. Gouali Gnonka and Zouzoua Kalou Prosper later turned up for work and reported to their new posts after having replied to a request for an explanation of their behaviour; their pay was then restored.
5. 730. N'cho Aké, who turned up much later, asked for a period of reflection before replying to the request for an explanation of his behaviour and before joining his new post. Since then, he has not appeared before the authorities of the ministry employing him. His pay remains suspended because he has abandoned his post. His case was referred to the disciplinary council on account of this behaviour, in accordance with the General Regulations of the Public Service; however, N'cho Aké, in a letter dated 24 July 1991, refused to appear before the council. As a public servant, N'cho Aké may not elude the provisions of the General Regulations of the Public Service and disciplinary regulations which apply to all public servants - irrespective of the trade union to which they belong. He was therefore judged in his absence.
6. 731. Furthermore, inquiries carried out at the ministry employing N'cho Aké did not reveal any evidence whatsoever to support his allegation that he had been called to hear a proposal that his pay would be restored if he resigned from the trade union "Dignité". The complainant must provide evidence of such a serious allegation.
7. 732. In summing up, the Government maintains that the allegations of infringement of trade union rights in Côte d'Ivoire and of intimidation and arbitrary measures taken against workers belonging to "Dignité" are completely unfounded. The Labour Code constitutes the legal basis for the setting up of "associations of trade unions" and no provision in the Code requires the administrative authority to recognise explicitly a trade union by publishing this recognition in the Official Gazette. Disciplinary measures taken against some officials were in accordance with the General Regulations of the Public Service, which apply to all public servants in the Côte d'Ivoire; they in no way constituted discriminatory measures taken against members of a particular trade union group.

C. The Committee's conclusions

1. 733. The complaint concerns measures of repression allegedly taken by the authorities in Côte d'Ivoire against the founders and other members of a trade union federation - called "Dignité" - that was set up outside the only trade union confederation in the country. The allegations concern the authorities' failure to recognise this federation. They also concern measures of anti-trade union discrimination against teachers belonging to the trade union (transfer to the interior of the country, failure to pay arrears of salary).
2. 734. The WCL complains against the refusal of the Government to recognise officially the central organisation "Dignité", and against the arrest on 2 August 1990 of 29 trade union members who demonstrated against cuts in pay caused by the Government's economic austerity measures. It acknowledged that these persons had been freed after 12 days but explained that three teachers, amongst the persons arrested, had had their salaries suspended and were then transferred to posts to the interior of the country during the school year. Subsequently, two teachers received their back pay but the third has not received his salary since April 1990. For its part, the Government maintains that freedom of association is respected in Côte d'Ivoire and that public servants have the right to organise under the legislation. It acknowledges that the rules of an association called "Federation of Free Trade Unions in Côte d'Ivoire" (FSLCI), "Dignité", were deposited on 25 April 1990 at Abidjan city hall; but it explains that this federation does not fulfil the requirements laid down in the Labour Code as the rules of the federation do not mention the various basic trade unions belonging to it. The Government also points out that the two teachers who returned to work received their back pay and that the third, who has not yet resumed work, is facing disciplinary measures in accordance with the general regulations of the public service - irrespective of his trade union membership. The Government strongly denies the allegation that the person concerned had been approached and promised that his salary would be restored if he resigned from the trade union "Dignité".
3. 735. The Committee notes that the versions of the complainant confederation and the Government are contradictory.
4. 736. As regards the grievance concerning the refusal to grant official recognition to the Federation of Free Trade Unions of Côte d'Ivoire ("Dignité") and measures of anti-trade union reprisals, the Committee recalls the importance it attaches to the respect of Article 2 of Convention No. 87, ratified by Côte d'Ivoire, to the effect that workers and employers may form and join organisations of their own choosing in full freedom, irrespective of the name of these organisations, trade unions, federations or confederations. Consequently, any measures taken against workers because they attempt to constitute organisations of workers outside the existing trade union organisation are incompatible with the principles that workers should have the right to establish and join organisations of their own choosing without previous authorisation (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 222 and 233).
5. 737. Therefore, the Committee requests the Government to indicate whether the trade union federation "Dignité" has been registered and, if not, to register it as soon as possible and to keep the Committee informed in this respect.
6. 738. It also requests the Government to give the precise reasons for the arrest and 12-day detention of 29 trade union activists belonging to "Dignité" who, according to the complainant confederation, had taken part in a demonstration to put forward social and economic claims.
7. 739. It also requests the Government to give the precise reasons for the transfer to the interior of the country, during the school year, of three teachers who, according to the complainant confederation, merely wanted to establish the trade union federation "Dignité".