Effect given to the recommendations of the committee and the Governing Body - REPORT_NO373, October 2014

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

1. 25. 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 November 2012 meeting [see 365th Report, paras 105–108]. On that occasion, the Committee requested the Government and the complainants to keep it informed of the outcome of the application presented by Mr Sadien before the Commission on Prerogative of Mercy, and asked the Government in the meantime to indicate whether the passports have been returned to Messrs Benydin and Sadien. Furthermore, the Committee requested the Government to keep it informed of any development concerning the steps it has taken to review the application of the Public Gathering Act (PGA), in full consultation with the social partners concerned, so as to ensure that sections 7, 8 and 18 are not applied in practice in a manner so as to impede the legitimate exercise of protest action in relation to the Government’s social and economic policy.
2. 26. In communications dated 21 March and 18 December 2013, the Government indicates that the application submitted by Mr R. Sadien to the Commission on Prerogative of Mercy to have his conviction waived and his judicial file cleared, is still under consideration. The Government further confirms that the passports of Messrs Benydin and Sadien have been returned to them. As concerns the review of the PGA, the Government informs that the Prime Minister’s Office has indicated, in a communication dated 9 December 2013, that consideration is being given to initiate consultations to amend the PGA.
3. 27. The Committee welcomes the Government’s indication that the passports of Messrs Benydin and Sadien have been returned to them. It expects that Mr R. Sadien’s application will be reviewed in the near future and requests the Government to keep it informed of the outcome. The Committee further notes with interest the Prime Minister’s Office’s indication that consideration is being given to initiate consultations to amend the PGA and requests the Government to keep it informed on any development in this regard.