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. 13. The Committee examined this case at its November 1996 meeting. The Committee had requested the Government to keep it informed of the measures taken to reinstate the trade unionists dismissed after strikes in protest against the lack of consultation of trade union organizations in the privatization process of a number of enterprises in the public sector and against the policy of structural adjustment, and to free the trade unionists imprisoned or sentenced for strike action - more specifically Mr. Tchicaya and Mr. Mampuya - as well as trade unionists from postal and telecommunications workers' unions affiliated to the Confederation of Free and Autonomous Trade Unions of Congo (COSYLAC), i.e. Mr. Lessita Otangui, Secretary-General of the Postal and Telecommunications Workers' Federation (FESYPOSTEL), Mr. Oba René Blanchard, President of the Postal and Telecommunications Workers' Trade Union (SYLIPOSTEL), Mr. Odzongo Médard from FESYPOSTEL, and Mr. Bouya Bernard from the Telecommunications Trade Union (SYNAT
   • EL), sentenced on 14 February 1996 to four months' imprisonment and a fine of 50,000 CFA francs (see 305th Report, paras. 134 to 147).
2. 14. In a communication dated 14 November 1996, the Government states that, concerning the strike of January 1996, it agreed to the request from the workers' organizations and organized meetings under the chairmanship of the Prime Minister in order to explain developments in the privatization process to the representatives of the grass-roots trade unions. Following these meetings, the decision was taken to increase the number of trade union representatives on the privatization committee. In spite of this concession, the grass-roots trade unions, in disagreement with their trade union federations, demanded that the privatization committee be dissolved. As the Government had raised an objection to this claim, which was not included in the agenda of the negotiations, it was surprised by the strike subsequently called in all the major enterprises due for privatization. Inasmuch as an agreement had been reached on the basic claim of the trade unions, the Government felt that this strike - which was not approved by the trade union federations - was unfounded and it declared it illegal. This did not prevent the dismissed workers from all being reinstated in their respective enterprises.
3. 15. Concerning the arrest and sentencing of trade unionists, the Government states that the trade unionists arrested and imprisoned had been duly prosecuted. Four trade unionists (Mr. Lessita Otangui, Mr. Oba René Blanchard, Mr. Odzongo Médard and Mr. Bouya Bernard) had been found guilty of infringing the freedom to work and sentenced to four month's imprisonment by the Second Criminal Court of the Brazzaville High Court. However, the trade unionists in question had obtained a reduction in their sentences and been released. Furthermore, a number of trade unionists were ordered to appear before the 32nd Magistrate's Court of the High Court for having destroyed state furniture and property. These trade unionists were released on bail while awaiting final judgement which should be handed down in the near future.
4. 16. The Committee takes note of this information. It notes with interest that, according to the Government, the trade unionists dismissed for strike action have been reinstated in their jobs and that the four trade union leaders sentenced to four months' imprisonment for infringing the right to work obtained a reduction in their sentences and were released following the publication of a Presidential Decree of 20 May 1996 after having served two months of their sentence. The Committee nevertheless notes with concern that, according to the Government itself, legal proceedings are still under way against a number of trade unionists and a judgement is to be handed down. The Committee has expressed the opinion that penal sanctions should only be imposed regarding strikes, where there are violations of strike prohibitions which are themselves in conformity with the principles of freedom of association. All penalties in respect of illegitimate actions linked to strikes should be proportionate to the offence or fault committed and the authorities should not have recourse to measures of imprisonment for the mere fact of organizing or participating in a peaceful strike. The Committee requests the Government to send it a copy of all the judgements handed down in this case.