Report in which the committee requests to be kept informed of development - REPORT_NO350, June 2008

1. 256. The complaint is contained in a communication of the National Federation of Workers’ Unions of Benin (UNSTB) dated 1 June 2007.
2. 257. The Government sent its observations in a communication dated 16 November 2007.
3. 258. Benin 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. The complainant’s allegations

1. 259. In a communication of 1 June 2007, the UNSTB alleges violations of trade union rights and fundamental human rights by the Keeper of the Seals, Minister of Justice, responsible for relations with institutions and Government spokesperson, Nestor Dako. The incident is alleged to have occurred on 25 May 2007 in the premises of the Ministry of Justice.
2. 260. According to the complainant organization, a protest march followed by a sit-in were planned that day, 25 May 2007, in support of the affiliated representative organization, the National Union of Men and Women Workers in the Judicial and Allied Services of Benin (SYNTRAJAB), which had been on strike since 7 May 2007 seeking an improvement in the working and living conditions of its members, the regularization of their administrative and professional situation and the adoption of specific conditions of service for the profession.
3. 261. The protest march, authorized by the municipal authorities and controlled by the police, was due to pass by the Ministry of Justice before going to the Ministry of Labour and the Public Service. The incidents occurred while it was at the Ministry of Justice. According to the complainant organization, a group of demonstrators wished to meet the Minister of Justice to read out a motion. However, they were met with the refusal of the security forces present, who formed a barrier. The Minister of Justice is then alleged to have hurriedly left in the official vehicle and to have ordered the security forces to clear the way. However, in view of the failure of the security forces to do so, the Minister ordered the chauffeur to force a way through in the vehicle. As a result of this manoeuvre, the Secretary-General of the UNSTB, Emmanuel Zounon, and two members of the executive board of the UNSTB, Mathieu Ayelabola and Cakpo K. Thomas, were caught between the radiator of the Minister’s car and the UNSTB’s vehicle, which was carrying sound equipment for the occasion.
4. 262. The complainant organization denounces these extremely serious events, which it describes as violations of freedom of association, threats to personal safety and attempted homicide, punishable under the Penal Code.

B. The Government’s reply

1. 263. In a communication dated 16 November 2007, the Government acknowledges that an incident occurred on 25 May 2007 in the premises of the Ministry of Justice during a protest march followed by a sit-in organized by the UNSTB in support of an affiliated organization.
2. 264. According to the Government, following investigation, the situation was that the Minister of Justice wished to go to the residence of the President of the Republic in response to a request from the Head of State. He was prevented from doing so by the demonstrators who were blocking the principal entrance. He therefore turned round to go through another entrance.
3. 265. The Government emphasizes that there was never any intention of violating trade union rights. It recalls that it continued to negotiate with the trade union concerned until two ministerial orders were adopted establishing the ethical bonus (11 June 2007) and setting out the conditions for the award and determination of the hourly rate of the performance and motivation bonus granted to personnel in the justice sector (13 July 2007) (this latter order was signed by a new Minister of Justice). The Government adds that two draft orders establishing a bonus for overtime hours and a settlement bonus have been forwarded to the Ministry of Finance to be signed (copies of the texts are attached by the Government).
4. 266. Finally, the Government indicates that the Secretary-General of the complainant organization notified his decision to withdraw his complaint in a communication of 2 November 2007.

C. The Committee’s conclusions

1. 267. The Committee notes that the complainant organization’s serious allegations concern violations of trade union rights during a protest march and the attempted homicide of leaders of the UNSTB, including its Secretary-General and two other members of the executive board of the complainant organization.
2. 268. The Committee notes that, according to the information supplied, on 25 May 2007 the complainant federation organized a protest march in support of an affiliated organization, SYNTRAJAB, which had been on strike since 7 May 2007 seeking an improvement in the working and living conditions of its members, the regularization of their administrative and professional situation and the adoption of specific conditions of service for the profession. The march, authorized by the municipal authorities and controlled by the police, was due to pass by the Ministry of Justice before going to the Ministry of Labour and the Public Service.
3. 269. The Committee notes the UNSTB’s allegations that the incidents occurred while the demonstration was at the Ministry of Justice. Firstly, the security forces present prevented the access to the Ministry of a group of demonstrators wishing to meet the Keeper of the Seals, Minister of Justice to read out a motion. The Minister is then alleged to have hurriedly left in the official vehicle and to have ordered the security forces to clear the way. In view of the failure of the security forces to do so, the Minister ordered the chauffeur to force a way through in the vehicle, nearly running over demonstrators. During this manoeuvre, the Secretary-General of the UNSTB, Emmanuel Zounon, and two members of the executive board of the UNSTB, Mathieu Ayelabola and Cakpo K. Thomas, were caught between the radiator of the Minister’s car and the UNSTB’s vehicle. In this respect, the Committee is bound to express its concern at these acts which endangered the safety of trade unionists engaged in a peaceful demonstration and it observes that the incident is not denied by the Government. The Committee considers it appropriate to reaffirm that freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed. Moreover, in general, the use of the forces of order during trade union demonstrations should be limited to cases of genuine necessity [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 43 and 150]. Finally, while the Committee considers that facts imputable to individuals bring into play the State’s responsibility owing to the State’s obligation to prevent violations of human rights [see the Digest, op. cit., para. 47], this responsibility is all the greater where such facts are imputable to a person exercising functions of authority in the name of the State, and particularly a member of the Government.
4. 270. The Committee notes that, in response to the complainant organization’s allegations, the Government indicates that it conducted an investigation, but confines itself to noting that the Minister of Justice wished to leave the building in response to a call by the Head of State. The Committee expresses concern at the gravity of the allegations and the fact that the Government has not provided any precise information in reply. The Committee firmly requests the Government to give the necessary instructions to the security forces and to the highest authorities of the State to prevent the reoccurrence in future of incidents such as that of 25 May 2007, which endangered the life of trade union leaders.
5. 271. The Committee notes that, despite the incident of 25 May 2007, negotiations continued between the Government and SYNTRAJAB and resulted in the adoption of two ministerial orders establishing the ethical bonus (11 June 2007) and setting out the conditions for the award and determination of the hourly rate of the performance and motivation bonus granted to personnel in the justice sector (13 July 2007), as well as two draft orders establishing a bonus for overtime hours and a settlement bonus which have been forwarded to the Ministry of Finance to be signed. The Committee further notes from the signature on the ministerial order of 13 July 2007 that the office of the Keeper of the Seals, Minister of Justice, Legislation and Human Rights has now been taken over by another person.
6. 272. Finally, with regard to the Government’s indication that the complainant organization wishes to withdraw the complaint, the Committee has not received any request to this effect from the UNSTB. The Committee requests the Government or the complainant organization to inform it of any settlement reached between the parties concerning the incident of 25 May 2007 or any court decision handed down in this connection.