Effect given to the recommendations of the committee and the Governing Body - REPORT_NO365, November 2012

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

1. 105. The Committee last examined this case, which concerned alleged use of repressive measures against the trade union movement, including criminal prosecutions, in violation of the right to strike and to engage in protests, at its March 2012 meeting [see 363rd Report, paras 187–190]. On that occasion, the Committee, while deploring the excessive delay in the resolution of the appeal lodged before the Supreme Court by the trade unionists, Mr Benydin and Mr Sadien, and the negative impact on their trade union rights and freedoms, expected that the court would issue its ruling without further delay. It requested the Government to provide a copy of the judgment of the court as soon as it is handed down. Moreover, in light of the previously raised concerns to the effect that the prosecution of two trade unionists commenced nearly one and a half years after the protests, thus leading one to query its rationale (ensuring public order or repressing the trade union movement as contented by the complainants), the Committee requested the Government to raise to the competent authorities the possibility of giving a favourable review to this matter, and to keep it informed in this regard. Finally, the Committee requested the Government to indicate whether the passports have been returned to Messrs Benydin and Sadien.
2. 106. In communications dated 3 March and 8 May 2012, the complainant indicates that the Supreme Court dismissed the appeal lodged by Mr Benydin and Mr Sadien (copy of the judgment appended). Following the ruling, on April 2012, Mr Sadien applied to the President of the Commission on Prerogative of Mercy for the conviction to be waived and his judicial file cleared on the ground that, while exercising his duties as trade union leader, he could not be indifferent to the fate of the workers, as duly recognized by the Court itself.
3. 107. The Committee takes due note of the information provided by the complainant on the ruling of the Supreme Court concerning the cases of Mr Benydin and Mr Sadien. The Committee requests the Government and the complainant to keep it informed of the outcome of the application presented by Mr Sadien before the Commission on Prerogative of Mercy. In the meantime, the Committee requests the Government to indicate whether the passports have been returned to Messrs Benydin and Sadien.
4. 108. Furthermore, with regard to its previous recommendations concerning the Public Gathering Act (PGA), the Committee expects the Government will take steps to review its application, in full consultation with the social partners concerned, so as to ensure that sections 7, 8 and 18 are not applied in practice such as to impede the legitimate exercise of protest action in relation to the Government’s social and economic policy. The Committee requests the Government to keep it informed of any development in this regard.