Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 251, Junio 1987

1. 296. The Committee has already examined this case at its February and November 1986 meetings, and presented interim reports to the Governing Body. (See 243rd Report, paras. 489 to 554, and 246th Report, paras. 313 to 357, approved by the Governing Body at its 232nd and 234th Sessions (February and November 1986), respectively.)
2. 297. Since then, the World Confederation of Organisations of the Teaching Prefession (WCOTP) has sent communications dated 3 December 1986 and 3, 6 and 13 February 1987. The Government provided its observations in communications received at the ILO on 17 February, 22 April and 12 May 1987.
3. 298. At the Committee's February 1987 meeting, Mr. Bertil Bolin, Deputy Director General, presented an oral report on the mission he had carried out in Tunisia on 3 and 4 February 1987. At the present meeting the Committee was also informed that the Director-General visited Tunisia from 22 to 25 March 1987. During the course of that mission, the Director-General had discussions with the Prime Minister concerning the trade union situation in Tunisia and met with Mr. Achour at the military hospital in Tunis.
4. 299. Tunisia 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. Previous examination of the case

1. 300. The origin of this case concerned a dispute between the Tunisian General Labour Union (UGTT) and the Government of Tunisia over the question of how wages were to be fixed. Subsequently, the dispute broadened and involved matters other than the initial collective bargaining problem and the situation deteriorated considerably following strikes organised by the UGTT and the repressive measures which, according to the complainants, were taken by the authorities, namely requisitioning of striking staff, replacement of strikers by people from outside the service, dismissal of strikers, arrests and prison sentences of workers, bans on trade union general assemblies in undertakings, obstruction of trade union meetings, suspension of the UGTT newspaper, abolition of the check-off system and the detachment of civil servants to the permanent services of the UGTT, the occupation of the premises of the UGTT by interim committees assisted by the police.
2. 301. In view of the seriousness of the dispute, a meeting held between the Minister of Labour and the Executive Committee and other officials of the UGTT led to the conclusion, on 4 December 1985, of an agreement which provided for the following: (1) the release of those trade unionists who had been arrested; (2) the reinstatement of dismissed workers; (3) the restructuring of the unions, and (4) the resumption of negotiations on all the questions at issue. However, the complainants were of the opinion that the Government had taken no steps to implement the agreement that had been concluded.
3. 302. Finally, new allegations reported the arrest and sentencing to a term of imprisonment of Mr. Habib Achour, General Secretary of the UGTT, and of Mr. Moncef Ben Slimane, General Secretary of the National Trade Union of Teachers of Higher Education and Scientific Research (SNESRS).
4. 303. At its November 1986 Session, the Governing Body approved the following conclusions of the Committee: - The Committee notes the information supplied by the Government concerning the sentencing by the courts of Mr. Achour and Mr. Ben Slimane. Having regard to the contradictions between this information and that supplied by the complainants, the Committee considers that the granting of an amnesty to these persons would assist in reducing tension.
   • - The Committee recalls that only the development of free and independent organisations and the non-exclusive negotiation with all those involved in the social dialogue, will enable a government to confront its social and economic problems and resolve them in the best interest of workers and of the nation.
   • - The Committee therefore urges the Government to make every effort to bring about the conditions required to re-establish a trade union situation that respects the principles of freedom of association, and in particular, to implement the agreements signed by the expanded Executive Committee of the UGTT and the Minister of Labour on 4 December 1985. The Committee again requests the Government to keep it informed of all measures taken in this regard.

B. New allegations

1. 304. In its communication of 3 December 1986, the WCOTP states that Moncef Ben Slimane was sentenced to a new term of imprisonment of six months for having "set up a non-authorised association". According to the WCOTP, this sentence was appealed against on the grounds that Mr. Ben Slimane was not involved in the matter in question. Having served the first six-month sentence, Moncef Ben Slimane was released on 14 November 1986, in accordance with the decision of the Court of Appeals.
2. 305. In its communication of 3 February 1987, the WCOTP alleges that on 24 January 1987, 15 trade union leaders were arrested, including Mr. Mohamed Trabelsi, Secretary for International Affairs of the Primary Teachers Trade Union. In its communication of 6 February 1987, the WCOTP states that Mohamed Trabelsi was released along with several trade union leaders, but that others were still being detained.
3. 306. In its communication of 13 February 1987, the WCOTP states that two more of the trade unionists who were being held have been released, namely, Mr. Ali Rhomdane and Mr. Kamal Saad. As of 12 February 1987, two trade union leaders were still being held. The WCOTP attaches to its communication a statement made by the "legitimate executive of the UGTT", in which it denounces the process that led to the convening of an extraordinary congress to unify the trade union movement, held on 20 and 21 January 1987. It likewise indicates that limited but widely observed strikes were called in the mining, metallurgical and appliance sectors in defence of employment, recognition of advancements and promotions, the payment of year-end bonuses and the recognition of the UGTT's legitimate structures as the sole representatives of workers. It alleges that these strikes were repressed by means of arrests and dismissals.

C. The Government's replies

1. 307. In its communication received on 17 February 1987, the Government states that on 9 September 1986, the Executive Committees of the UGTT and the UNTT announced the merger of their respective organisations within the Tunisian General Labour Union, following the President of the Republic's appeal on 20 January 1986 to trade unionists from all factions to unify the trade union movement within a single, strong, representative and responsible organisation. When presenting the budget to the Chamber of Deputies on 10 December 1986, the Prime Minister referred to the reunification of 9 September 1986 as "evidence of the desire to find solutions to the problems of workers, to work in harmony, to reach agreements that will enable trade unions to play a positive and more important role within undertakings". Moreover, he invited all trade unionists to join ranks within a strong, free and representative organisation.
2. 308. Following the Prime Minister's statements, the trade unionists undertook consultations which led, on 19 December 1986, to the formation of a new Executive Committee composed of 18 members representing the various trade union tendencies, including that of the sixteenth congress of the UGTT. Meeting again on 7 January 1987, the Executive Committee confirmed its decision to hold an extraordinary National Congress of the UGTT on 20 January 1987, the anniversary of its creation in 1946 by Farhat Hached, and decided to call a meeting of the UGTT's administrative committee on 9 January 1987.
3. 309. Meeting on 9 January 1987, the administrative committee, "after having learned of the progress made in the trade union reunification, the restructuring of member trade unions and the provisions taken to ensure the success of the UGTT congress, expressed great satisfaction at the progress made in consolidating the trade union movement and approved the decision to hold the UGTT extraordinary congress on 20 and 21 January 1987".
4. 310. The congress was held on the above mentioned dates; it culminated the process of the trade union reunification at the executive as well as the rank and file level, and adopted a general motion and a national trade union charter, a copy of which was attached to the Government's communication. The congress elected an Executive Committee composed of 13 members.
5. 311. Soon after its election, the UGTT's Executive Committee held consultations with the Government on 26 January 1987. These consultations continued and led on 10 February 1987 to the publication of a press release announcing the establishment of three joint committees:
   • - committee to examine the recovery of public enterprises experiencing difficulties;
   • - committee to study the means for improving the income of workers as a function of their enterprise's profitability;
   • - committee to investigate the situation of workers whose employment had been suspended.
6. 312. According to the Government, these high-level meetings between the UGTT and the Government reflect the parties' sincere desire to find appropriate solutions to the questions at hand. In this connection, and prior even to the establishment of the last-mentioned committee, measures had already been taken to reinstate certain dismissed workers; the joint committee is expected to continue this work.
7. 313. Lastly, the Government indicated that Moncef Ben Slimane was released in November 1986.
8. 314. In its communication received on 22 April 1987, the Government states that all of the trade union leaders mentioned by the WCOTP, and Mr. Mohamed Trabelsi in particular, are at liberty, that no proceedings against them are pending, and that Mr. Trabelsi returned to work on 4 February 1987.
9. 315. In its communication of 12 May 1987 the Government states that the Committee set up to examine the situation of those workers who have been suspended and which was created at the time of the joint Government/UGTT meeting on 10 February 1987, has enabled about 100 suspended workers to be reinstated. Other similar measures are under examination in this Committee. In addition, the Government adds that the UGTT, now reunified, will proceed to hold its 18th Congress and renew its basic structures. Three joint Government/UGTT committees have met on several occasions to define the framework within which dialogue can be strengthened in undertakings and to associate the workers in finding appropriate solutions to problems which arise in their undertakings. The social dialogue continues. Two sectorial collective agreements have been concluded, the one concerning private teaching which was signed on 25 March 1987, the other concerning concessionaries for agricultural equipment and civil engineering signed on 30 April 1987.
10. 316. The Government also points out that the UGTT participated in the preparatory work for the Seventh Economic and Social Development Plan which permitted it to contribute to the definition of the fundamental development aims and objectives for the five-year period 1987-91. The representation of the UGTT within the Social and Economic Council has also been strengthened. In conformity with the law regulating the Economic and Social Council, the UGTT is represented by six members. However, adds the Government, since it is concerned to reinforce the participation of trade unionists in the work of the Council itself, it has, following consultation with the UGTT, designated four other trade unionists who have been chosen for their competence. These four persons have been exercising important trade union responsibilities within the Executive Committee of the UGTT for many years. Moreover, the Deputy General Secretary of the UGTT has been elected Chairman of the Social Committee of the Council.
11. 317. The Government again informs the Committee that no trade unionist is being detained, nor are any the subject of judicial proceedings for trade union reasons. The sentences handed down against certain trade unionists were on account of common law crimes.
12. 318. The Government states that it is fully disposed to continue its collaboration with the ILO and the Committee on Freedom of Association regarding any other questions concerning this matter and adds that it is within this context that Mr. Francis Blanchard, Director-General, and Mr. Bertil Bolin, Deputy Director-General, carried out missions to Tunisia.

D. The Committee's conclusions

1. 319. The Committee takes note of recent developments in the trade union situation in Tunisia, and in particular of the holding of the trade union unification congress in January 1987. Likewise, it notes that measures have already been taken as regards the reinstatement of certain dismissed workers. The Committee expresses the hope that these measures represent a first step towards the reinstatement of all workers who were dismissed for participating in strikes or other trade union activities.
2. 320. As regards the arrest of trade union leaders, the Committee notes that the persons mentioned in the communications of the WCOTP have now been released. Nonetheless, it wishes to remind the Government that the adoption of measures of detention and sentencing against workers' representatives in connection with acts committed in the course of activities related to the protection of the workers' interests endangers the free exercise of trade union rights. (See for example, 217th Report, Case No. 823 (Chile), para. 509.)
3. 321. Furthermore, the Committee notes that the Government has provided no additional information concerning the arrest of Habib Achour. The Committee had previously noted that the sentence against Mr. Achour had been handed down within the context of a dispute between the UGTT and the Government. In this light, the Committee again requests the Government to pronounce an amnesty in favour of Mr. Achour.