Definitive Report - Report No 308, November 1997

1. 195. The complaint contained in this case appears in a communication from the Organization of African Trade Union Unity (OATUU) dated 7 February 1997. The Government sent its observations in a communication dated 15 May 1997.
2. 196. The Comoros has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 197. In its communication of 7 February 1997, the OATUU alleges infringements of freedom of association and the right to organize freely. It refers in particular to the arbitrary incarceration of two officials of the Union of Autonomous Trade Unions of Workers of the Comoros (USATC), Messrs. Ibouroi Ali Tabibou and Ahmed Abdou Halidi. According to the complainant, these two trade union officials were arrested for having organized a trade union meeting inside a private building. Furthermore, the trade union meeting was interrupted by force.
2. 198. The complainant believes that the use of force to terminate the trade union meeting and the incarceration of union officials exercising their trade union functions are a flagrant violation of Conventions Nos. 87 and 98.

B. The Government's reply

1. 199. The Government, in its communication of 15 May 1997, states that state security in the Comoros was under threat at the time when the trade union organizations, following unsuccessful negotiations with the Government, launched a strike.
2. 200. Messrs. Ibouroi Ali Tabibou and Ahmed Abdou Halidi were summoned and questioned because of the threat against state security and the nature of the tracts issued by the trade union federation. These officials along with others immediately claimed that the trade union officials had been arrested and imprisoned for having organized a trade union meeting, and on behalf of their respective organizations they called a strike.
3. 201. These two trade union officials were thus summoned for questioning and were not incarcerated. After being questioned by the police, no charges were brought against them and they were rapidly released.

C. The Committee's conclusions

1. 202. The Committee notes that the allegations concern the arrest of two officials of the Union of Autonomous Trade Unions of Workers of Comoros, Messrs. Ibouroi Ali Tabibou and Ahmed Abdou Halidi, and the use of force to terminate the trade union meeting which they were holding.
2. 203. The Committee notes that both the complaint and the Government's reply are couched in general terms, do not specify the date or place of arrest of the trade union officials concerned, how long the questioning lasted, or when they were released. The Committee regrets this lack of information since, in order to properly examine a complaint concerning the infringement of trade union rights, it must have at its disposal the precise information normally required for such a procedure.
3. 204. The Committee notes however the Government's statement that the alleged events occurred following the failure of negotiations and because of the threat to state security. The Committee also notes the Government's statement that the officials concerned were not imprisoned but summoned for questioning - in particular regarding the nature of the tracts issued by the trade union federation. The Government also states that the trade union officials were rapidly released and that no charges were brought against them.
4. 205. The Committee recalls in this respect that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights. (See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 77.) Moreover, in the Committee's view, the forcible intervention in trade union meetings constitutes a serious violation of freedom of association principles. Finally, the arrest of trade union leaders against whom no charge is brought involves restrictions on freedom of association, and governments should adopt measures for issuing appropriate instructions to prevent the dangers posed to trade union activities by such arrests. (See Digest, op. cit., para. 80.)