Effect given to the recommendations of the committee and the Governing Body - REPORT_NO374, March 2015

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

1. 13. The case was last examined by the Committee at its meeting in March 2013 and concerns allegations of a systematic refusal by the authorities to process the applications to register, submitted by the trade union organizations [see 367th Report, paras 113–142]. On that occasion, the Committee requested the Government to indicate whether the Higher Education Teachers’ Union (SESS) had responded to its requests for additional information, and stated that it had expected the Government to have been able to proceed with the trade union organization’s registration (recommendation (a)). In addition, the Committee requested the Government to keep it informed of the outcome of the registration process of the National Autonomous Union of Workers of the SONELGAZ Group and the National Autonomous Union of Postal Workers (SNAP), and expected that they would be registered quickly and without further delay (recommendation (b)) [see 367th Report, para. 142].
2. 14. The SESS sent information in a communication dated 8 April 2013 on the additional steps taken at the request of the authorities since the presentation of the complaint. In particular, SESS indicates that it filed its amended statutes in November 2012 taking into account the comments made by the Ministry of Labour. However, there has been no follow-up despite several representations being made by the trade union representatives before the Ministry. At the last meeting, the official in charge of social dialogue reportedly stated that the case was closed from an administrative point of view and that the issue was henceforth a matter of policy. In February 2013, trade unionists and human rights activists were allegedly unlawfully detained for several hours by the police at a gathering organized to request the trade union’s registration and an end to anti-union repression.
3. 15. In a communication dated 11 May 2014, SNAP indicated that it still had not received its registration certificate despite the steps taken to have the Ministry of Labour withdraw all its reservations at the various meetings held since 2012 (the reservations were notably in relation to the amendments to the statutes, the change of seat and the disqualification of a trade union member). The SNAP indicates that because it is not registered it is denied all legal existence or official recognition. It is therefore impossible for it to organize its activities, such as having a bank account, providing information by means of publications, and holding general meetings, thereby making it impossible for it to protect the interests of its members.
4. 16. The Government gave an outline of the follow-up to the recommendations of the Committee in a communication dated 12 February 2014 in which it indicates that the National Autonomous Union of Workers of the SONELGAZ Group was registered on 30 December 2013. The Government also reported the registration of several other trade union organizations in 2013 (the National Autonomous Union of Primary School Teachers (SNAPAP); the National Trade Union of Certified Civil and Building Engineers (SNIAGCB); the National Autonomous Board of Imams and Civil Servants for Religious Affairs and Walis (CNAIFSARW); and the National Organization for Micro-enterprises). The Government indicates, moreover, that the SESS and SNAP cases are being processed and that it will inform the Committee of the outcome.
5. 17. The Committee takes note of the information provided by the complainants and the Government. While noting with satisfaction the registration of SONELGAZ, the Committee expresses its concern at the particularly long delay in processing the registration of SESS and SNAP – whose applications for registration were submitted in January and June 2012 respectively – despite the fact that these organizations have stated that they have met all the conditions set by the authorities in the registration process. In particular, the Committee notes with concern SNAP’s claim that because the union is not registered it is prevented from carrying out its routine business and adequately protecting the interests of its members, and recalls that a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 307]. The Committee expects the Government to register SESS and SNAP without delay provided they have met the conditions required by the administration, and to be kept informed in this regard.