Effect given to the recommendations of the committee and the Governing Body - REPORT_NO306, March 1997

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

1. 30. During its last examination of Case No. 1594 in November 1996, the Committee requested the Government to keep it informed of developments with respect to the reinstatement of the workers dismissed from Irho Lame because of their trade union activities (see 305th Report, paras. 22-25).
2. 31. In a communication dated 24 January 1997, the World Confederation of Labour (WCL) indicated that the workers concerned had still not been reinstated. No proposal for progressive reinstatement has been made by the Government. To the contrary, the workers were reportedly chased from the land where they get their food, some of whom were injured.
3. 32. Furthermore, as concerns Case No. 1846 for which, in November 1996, the Committee had expressed its deep concern at the fact that several trade unionists were still being held in detention and had requested that measures be taken for their immediate release, designating them by name (see 305th Report, para. 25), the WCL indicated that Mr. Hassan Dabone and Mr. Diebre Boukary were still in the Maca prison.
4. 33. Finally, the WCL adds that it is not able to communicate freely with the Dignité union because the telephone lines are regularly cut obstructing all contact with its affiliate for several days. This was the case at the beginning of December 1996 when the Government took measures for the holding of social elections at the autonomous port of Abidjan.
5. 34. In a communication dated 24 February 1997, the Government emphasizes the fact that, contrary to the complainant's allegations, proposals for progressive reintegration of the workers dismissed from Irho Lame, enabling the reinstatement of at least 300 workers, have been formulated by the Minister of Higher Education and Scientific Research and by the management of the enterprise. Furthermore, the Government specifies that 167 workers were reinstated previously without condition.
6. 35. The Government confirms that Hassan Dabone and Diebre Boukary have been kept in preventive detention while awaiting their next appearance before the courts. The material and physical harm suffered by the victims and the perfect state of health of the detainees justifies such a measure. Mr. Dabone and Mr. Boukary have been charged under Act No. 92-464 concerning premeditated violent misdemeanours and assault.
7. 36. Finally, the Government recalls that consultations have been held in order for the elections at the autonomous port of Abidjan to take place in calm and serenity. In common agreement with the trade union organizations, the elections were set for 18 January 1997. In the Government's opinion, the strike at the autonomous port of Abidjan and the fact that some trade union organizations, such as the GODPAA and the SYLIDOPACI, were not able to prove their formation in conformity with the law, rendered elections on this date impossible. The Government considers nevertheless that this delay will enable these organizations to run in the next elections. The Government concludes by denying any allegations concerning the control of communications between the complainant organization and its affiliate, Dignité.
8. 37. The Committee takes note of this information. As concerns the workers dismissed at Irho Lame because of their trade union activities, it urges the Government to take the necessary measures so that they be reinstated as soon as possible and to keep it informed in this regard. Furthermore, it once again requests the Government to keep it informed of the results of the social elections at the autonomous port of Abidjan. As concerns the preventive detention of Mr. Dabone and Mr. Boukary, the Committee recalls that the facts giving rise to this measure occurred in January 1995. In the Committee's opinion, preventive detention of such a long duration is wholly unjustifiable and it must therefore once again urge the Government to take the necessary measures for the immediate release of Hassan Dabone and Diebre Boukary. The Committee requests the Government to keep it informed of all developments in this regard. Finally, as concerns the restriction of communications between the Dignité union and the WCL, the Committee recalls that Article 5 of Convention No. 87, ratified by Côte d'Ivoire, provides that workers' organizations shall have the right to affiliate with international organizations of workers and requests the Government to assure that contacts between these organizations can be established without any hindrance from the authorities.