Effect given to the recommendations of the committee and the Governing Body - REPORT_NO307, June 1997

Effect given to the recommendations of the Committee and the Governing Body

1. 23. At its March 1997 meeting, the Committee had requested the Government to take the necessary measures to ensure: (1) that the workers dismissed at Irho Lame due to a labour dispute dating from May 1993 be reinstated as soon as possible; (2) that Messrs Hassan Daboré and Diebre Boukary, who were in preventive detention further to a collective labour dispute dating from January 1995, be released immediately; and (3) that the social elections at the Autonomous Port of Abidjan be held as soon as possible and to keep it informed in this regard.
2. 24. In a communication dated 5 May 1997, the Government states with regard to the first point that it has never refused the reinstatement of the dismissed workers and that it has tried to reconcile the parties through concrete proposals despite the intransigency of the Trade Union Federation Dignité. It once again reiterates that the management after having hired new workers went ahead with the restructuring which regrouped together agronomic research units. If the dismissed workers consider that their rights have been impaired they can appeal to the courts to have these rights restored. On the second point, the Government adds that Messrs Diebre Boukary and Hassan Daboré were released provisionally on 13 March 1997 given that they no longer constituted a threat for the enterprise. The Government provides a copy of the release orders. According to these, the victims declared unanimously during the course of the inquiry that Mr. Hassan Daboré had not taken part in the acts for which he was accused. As for Mr. Diebre Boukary, it appears that his detention is no longer necessary now that the truth has been ascertained. Finally on the last point, the Government indicates that the social elections at the Autonomous Port of Abidjan have not yet taken place due to a disagreement between the different trade unions on 24 April 1997. Some of these trade unions wanted the elections to take place immediately and the others asked for them to be delayed since they wished for a dockers' collective agreement to be drawn up before. The Government states that a reconciliation meeting took place on 28 April 1997 before the competent authorities and that a deadline has been given to the trade unions to agree on a date for the elections before 5 June 1997.
3. 25. The Committee notes with interest that the trade unionists Messrs Hassan Daboré and Diebre Boukary were released in March 1997. It observes, however, that no charge had been made against Mr. Hassan Daboré and that according to the investigating magistrate himself Mr. Diebre Boukary's detention was no longer necessary now that the truth had been ascertained. Noting with deep concern that although these two trade unionists were released, they had been held for more than two years' detention without trial, the Committee recalls that the continued detention of trade unionists without bringing them to trial may constitute a serious impediment to the exercise of trade union rights and that justice delayed is justice denied. Concerning the reinstatement of the workers dismissed at Irho Lame in 1993, the Committee reiterates its previous request to the Government to indicate if the workers who considered that their rights had been impaired appealed to the courts in order to have these rights restored, and to keep it informed in this regard. Finally, the Committee recalls that the request to hold social elections at the Autonomous Port of Abidjan dates from 1993. Consequently, it urges the Government to ensure that these elections are held immediately and to keep it informed of the outcome thereof.