Definitive Report - REPORT_NO135, March 1973

1. 18. This case was examined by the Committee at its November session, 1971, when it submitted to the Governing Body an interim report contained in paragraphs 226-256 of its 127th Report.
2. 19. In this report the Committee recommended the Governing Body to draw the attention of the Government to certain statements and certain principles; it also recommended the Governing Body to request the Government to supply additional information concerning certain points.

A. A. The complainants' allegations

1. 20. When it last examined this case, the Committee had before it a communication dated 13 February 1971 from the National Workers' Union of Mali in which that organisation declared that it withdrew its complaint. According to that communication the trade union situation created after receipt of a communiqué from the Military Committee of National Liberation concerning non-recognition of the executive of the National Workers' Union of Mali had been reconsidered during a joint meeting of the Government and the trade unions held at Bamako on 5 February 1971. In the communication concerned the complainant organisation stated that the workers had admitted that they had been mistaken in their interpretation of the communiqué issued by the Military Committee of National Liberation and had decided, on the one hand, to put an end to their inter-union disagreements and, on the other hand, to continue to co-ordinate their activities within the framework of the national programme of economic development and apply their efforts to ensure the success of that programme. According to that same communication the Government, desirous of a national reconciliation, had decided to wipe the slate clean of the past.
2. 21. When it examined the request of the National Workers' Union of Mali to withdraw its complaint, the Committee pointed out that the request raised a point of procedure which the Committee had already been called upon to examine. It recalled the view previously expressed that the desire shown by complaining organisations to withdraw a complaint, while constituting a factor to which the greatest attention must be paid, is not, however, in itself sufficient reason for the Committee to cease automatically to proceed with the examination of the complaint. The Committee considered that it should be guided in this respect by the conclusions approved by the Governing Body in 1937 and 1938 with regard to two representations submitted in accordance with article 23 of the Constitution of the Organisation (now article 24). The Governing Body at that time established the principle that, from the moment that a representation was submitted to it, it alone was competent to decide what effects should be given to it, and that "the withdrawal by the organisation making the representations is not always proof that the representation is not receivable or is not well founded". The Committee considered that, in implementing this principle, it is free to evaluate the reasons given to explain the withdrawal of a complaint and to investigate whether these appear sufficiently plausible to lead one to believe that the withdrawal was made in complete independence. It observed that cases might exist in which the withdrawal of a complaint by the organisation presenting it would be a result, not of the fact that the complaint had become without purpose, but of pressure exercised by the Government against the complainants, the latter being threatened with an aggravation of the situation if they did not consent to this withdrawal.
3. 22. In the present case, at its session of November 1971, the Committee, in the light of the facts and information before it, considered that it could not be assured that the decision to withdraw the complaint submitted by the National Workers' Union of Mali was made in full independence. In any event, the Committee had before it two further receivable complaints on the same issues, which had not been withdrawn. It therefore considered that it was still called upon to examine this case.
4. 23. Since then, in a communication dated 13 June 1972, the All-African Trade Union Federation indicated that it, too, had decided to withdraw its complaint. It stated that the meetings which it had had with the Minister of Labour and Civil Service of Mali as well as the information supplied to it on that occasion concerning the points contained in its complaint had enabled it to request that the complaint should be withdrawn. The communication of the All-African Trade Union Federation also stated: "We have been able to satisfy ourselves, in particular, that the UNTM (National Workers' Union of Mali) enjoys official recognition, is in possession of its premises and its assets and is carrying on its trade union activities normally". In conclusion the communication states: "The secretariat of the AATUF deems it preferable to withdraw its complaint in the interests of helping to restore a normal climate propitious towards the free exercise of trade union activities in Mali".
5. 24. Finally, in a communication dated 19 December 1972, the World Federation of Trade Unions declared that "at the request of certain organisations in Africa with which we are on friendly terms" it was its intention, for the time being, to withdraw its complaint concerning the infringement of freedom of association in Mali.

B. B. The Committee's conclusions

1. 25. From the new information before the Committee it is evident that there is a desire on the part of the three complainants not to pursue the matter further. The doubts that could have arisen concerning the motivation of the decision of the National Workers' Union of Mali could not persist in the case of the other two complainants which are international organisations with headquarters outside the country concerned. Finally, the explanations supplied in particular by the All-African Trade Union Federation lead to the assumption that complainants have valid reasons for wishing the complaints to be withdrawn.