Informe provisional - Informe núm. 318, Noviembre 1999

1. 172. The complaint in this case was submitted in a communication from the Organization of African Trade Union Unity (OATUU) dated 12 February 1999 and of the National Central African Confederation of Workers (CNTC) dated 10 May 1999. The Government sent its observations in communications dated 19 March and 3 June 1999. The Trade Union of Central African Workers (USTC) supported the complaint by the OATUU in a communication of 24 June 1999.
2. 173. The Central African Republic 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 complainants' allegations

1. 174. In its communication dated 12 February 1999, the OATUU reports the arrest of Mr. Sony Cole, Secretary-General of the Trade Union of Central African Workers (USTC), by members of the Central African Presidential Guard on 9 January 1999. The OATUU alleges that, after being tortured by the latter, Mr. Cole was detained by the local Bangui police and was not allowed any visits other than from the Central African League for Human Rights. According to OATUU, Mr. Cole's only crime was to demand payment of the wages of public sector workers, which were several months overdue.
2. 175. In its communication dated 10 May 1999, the CNTC firstly reports the problem of the unpaid wages affecting state employees. According to the CNTC, the public sector service wage backlog is 25 months, while the pension backlog is 18 months.
3. 176. Secondly, the CNTC reports that teachers have held several strikes since 1997 in response to the non-payment of salaries. The Government's response was to use supply teachers to replace permanent teachers. The CNTC also alleges that five teachers who held trade union office were the victims of anti-trade union discrimination. In addition, the CNTC accuses the Government of refusing to negotiate in good faith concerning the wage backlogs and the deadlock in the education system. Finally, it alleges that its premises were broken into on 6 January 1999.

B. The Government's reply

1. 177. In its communication dated 19 March 1999, the Government states that the USTC, and especially its Secretary-General, Mr. Cole, have been pursuing a strategy intended to disturb law and order. In particular, the Government considers the leadership of the USTC to be violating article 6 of the trade union statutes, which lay down the fundamental principle of independence and a non-political stance for the trade union movement. It explains that the Secretary-General of the USTC is co-signatory to a political convention with a number of opposition political parties, and that the USTC put forward trade union candidates at the general elections, using trade union apparatus and funds to finance the campaign. The Government declares that it intends to take appropriate measures if such abuses occur again in order to uphold law and order. Finally, as regards the arrest of Mr. Cole, the Government declares that the reason lies outside his trade union activities and is connected with the move into politics. In its communication dated 3 June 1999, the Government specifies that the case of Mr. Cole is being pursued at the judicial level and that it would be inappropriate to comment before a verdict is reached.

C. The Committee's conclusions

1. 178. The Committee observes that the allegations in this case refer to the arrest and detention of a trade union official, violation of the right to strike and the right to collective bargaining, and breaking into trade union premises.
2. 179. As regards the arrest and detention of the Secretary-General of the USTC, Mr. Sony Cole, the Committee notes that the Government provides no detailed information on these allegations, stating merely that Mr. Cole was arrested for political reasons and for disturbing law and order and not for reasons connected to his trade union activities. The Government specifies that the matter is being pursued at the judicial level. In this connection, the Committee reaffirms 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 Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 83).
3. 180. Noting that the Government refers to "a strategy intended to disturb law and order" and to the political activities of the USTC to justify the action against Mr. Cole, the Committee emphasizes that arrests on the grounds of "disturbing law and order" could, given the general nature of the charge, make it possible to punish activities of the trade union type. The Committee also reaffirms that, in the interests of the normal development of the trade union movement, it would be desirable to have regard to the principles enunciated in the resolution on the independence of the trade union movement adopted by the International Labour Conference at its 35th Session (1952) that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers and that, when trade unions, in accordance with national law and practice of their respective countries and at the decision of their members decide to establish relations with a political party or to undertake constitutional political action as a means towards the advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions irrespective of political changes in the country. The Committee also reaffirms that governments should not attempt to transform the trade union movement into an instrument for the pursuance of political aims, nor should they attempt to interfere with the normal functions of a trade union because of its freely established relationship with a political party (see Digest, op. cit., paras. 450 and 451).
4. 181. As regards this aspect of the complaint, the USTC communication, supporting the OATUU complaint, indicates that Mr. Cole is now free since he took part in a national extraordinary council of the USTC on 26 April 1999. However, in view of the fact that Mr. Cole was arrested on 9 January 1999 and that legal proceedings are still under way, the Committee reminds the Government that accused trade unionists, like anyone else, should benefit from normal judicial proceedings and have the right to due process, in particular the right to be informed of the charges against them, the right to have adequate time and facilities for the preparation of their defence and to communicate freely with counsel of their own choosing, and the right to a prompt trial by an impartial and independent judicial authority (see Digest, op. cit., para. 102).
5. 182. Additionally, concerning the physical ill-treatment and torture allegedly inflicted on Mr. Cole, the Committee deplores that the Government did not provide a response to these allegations and reaffirms that the Government should give precise instructions to the effect that no detainee should be subjected to ill-treatment and apply effective sanctions where cases of ill-treatment are found. Likewise, the Committee emphasizes the importance which should be attached to the principle laid down in the International Covenant on Civil and Political Rights according to which all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person (see Digest, op. cit., para. 59). To this end, the Committee urges the Government to send its observations with regard to the allegations that the Secretary-General of the USTC was tortured and to set up an independent judicial inquiry. Finally, deploring the Government's failure to provide any details concerning the procedures and reasons involved in Mr. Cole's arrest and detention, the Committee urges the Government to send its observations on these aspects of the case and to keep it informed of the development of the judicial case.
6. 183. Concerning the CNTC's allegations of violation of the right to strike and the right to collective bargaining and of forced entry into trade union premises, the Committee deplores the Government's failure to provide any information on this. More particularly, regarding the allegations of conscription of workers and anti-trade union discrimination against workers who had exercised their right to strike in response to the non-payment of their wages, the Committee reaffirms 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. In addition, if a strike is legal, recourse to the use of labour drawn from outside the undertaking to replace the strikers for an indeterminate period entails a risk of derogation from the right to strike, which may affect the free exercise of trade union rights (see Digest, op. cit., para. 571). Finally, the Committee strongly emphasizes that nobody should be subjected to sanctions for having initiated or attempted to initiate a legitimate strike.
7. 184. Regarding the allegations of the Government's refusal to negotiate in good faith on the matter of the wage backlog, in the absence of details from either the complainant or the Government, the Committee reaffirms the importance which it attaches to the obligation to negotiate in good faith for the maintenance of the harmonious development of labour relations and requests the parties to provide detailed information concerning this aspect of the case (see Digest, op. cit., para. 814).
8. 185. As regards the allegations of breaking into the home of the Secretary-General of the CNTC and the trade union premises, the Committee emphasizes that the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and that it is for governments to ensure that this principle is respected. In addition, the Committee reaffirms that the entry by the public authorities into trade union premises without a judicial warrant constitutes a serious and unjustifiable interference in trade union activities (see Digest, op. cit., paras. 47 and 176).
9. 186. The Committee asks the Government to communicate without delay its observations on the CNTC's allegations so that it may examine these allegations in full knowledge of all the facts.