Allegations: The complainant organization alleges the harassment of its
officials, in particular the transfer of trade union officials and the arrest and conviction
of its President, Vice-President and General Secretary, as a punishment for strike action in
the public service
- 483. The Committee last examined this case at its June 2014 meeting, when
it presented an interim report to the Governing Body [see 372nd Report, paras 535–574,
approved by the Governing Body at its 321st Session (June 2014)].
- 484. The Government sent partial observations in a communication dated 28
May 2015.
- 485. Chad has ratified the Freedom of Association and Protection of the
Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective
Bargaining Convention, 1949 (No. 98) and the Workers’ Representatives Convention, 1971
(No. 135).
A. Previous examination of the case
A. Previous examination of the case- 486. At its June 2014 meeting, the Committee made the following
recommendations [see 372nd Report, para. 574]:
- (a) The
Committee requests the Government to ensure the respect of the principles that it
recalls in relation to the freedom of expression of employers’ and workers’
organizations, and to keep it informed of any appeals initiated against the
convictions handed down in September 2012 against the officials of the Union of
Trade Unions of Chad and to indicate any final decision rendered in this
regard.
- (b) The Committee notes with regret that, since
its last recommendation on the need to amend Act No. 008/PR/2007 regulating the
exercise of the right to strike in public services, there has been no reported
progress. It is bound to, once again, request the Government to take the necessary
steps to review, in consultation with the social partners concerned, its legislation
relating to the exercise of the right to strike in public services (Act No.
008/PR/2007 of 9 May 2007) to ensure the determination of a minimum service in
accordance with the principles of freedom of association. The Committee urges the
Government to keep it informed of the work of the Ad Hoc Negotiation Committee (CAN)
in this regard.
B. The Government’s reply
B. The Government’s reply- 487. In its communication dated 28 May 2015, the Government provides
information on the results of the appeals initiated against the convictions handed down
in September 2012 against the officials of the Union of Trade Unions of Chad (UST),
namely the extracts of Court Order No. 042/2013 of 4 June 2013 of the Court of Appeal of
N’Djamena and of the Ministerial Order No. 175/PR/PM/MSP/SE/SG/SCB/HRD/2013 on the
annulment of orders with regard to the concerned parties.
- 488. In this regard, the Court Order No. 042/2013 of 4 June 2013 of the
Court of Appeal of N’Djamena overrules the convictions of the three leaders of the UST,
specifically Mr Michel Barka, Mr Younous Mahadjir and Mr François Djondang. As to the
abovementioned Ministerial Order, it reassigns UST officials in their former positions,
including Mr Younous Mahadjir, Mr François Djondang, Mr Montana N’Dinaromtan,
Ms N’Doukolgone Naty Rachel and Ms Laoumaye Djerane.
C. The Committee’s conclusions
C. The Committee’s conclusions- 489. The Committee notes the partial observations of the Government which
include information on the results of the appeals against the convictions initiated
against the officials of the UST, namely the extracts of Court Order No. 042/2013 of 4
June 2013 of the Court of Appeal of N’Djamena and of Ministerial Order
No. 175/PR/PM/MSP/ SE/SG/SCB/HRD/2013 on the annulment of orders with regard to the
concerned parties. The Committee notes in this regard that the Court of Appeal overruled
the convictions of the UST leaders and the Ministerial Order reassigned officials of the
UST in their former positions.
- 490. The Committee would like to recall that Act No. 008/PR/2007 of 9 May
2007, regulating the exercise of the right to strike in public services, has also been
the subject of criticism in an earlier case (Case No. 2581). On that occasion, the
Committee recalled the principles of freedom of association relating to the exercise of
the right to strike in public services and the determination of a minimum service.
During its previous examination of the present case, the Committee also noted with
regret that this legislative aspect was being monitored by the Committee of Experts on
the Application of Conventions and Recommendations without any reported progress. Noting
with regret that the Government has not provided any new information on this matter, the
Committee firmly expects the Government to take the necessary steps to review this Act,
in consultation with the social partners, and draws this legislative aspect of the
present case to the attention of the Committee of Experts on the Application of
Conventions and Recommendations.
The Committee’s recommendation
The Committee’s recommendation- 491. In light of its foregoing conclusions, the Committee invites the
Governing Body to approve the following recommendation:
- The Committee notes with
regret that, since its last recommendation on the need to amend Act No. 008/PR/2007,
regulating the exercise of the right to strike in public services, there has been no
reported progress. It firmly expects the Government to take the necessary steps to
review this Act, in consultation with the social partners concerned, to ensure
determination of a minimum service in accordance with the principles of freedom of
association and, in light of the Government’s ratification of Conventions Nos 87 and
98, requests it to provide detailed information to the Committee of Experts on the
Application of Conventions and Recommendations.
