Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 349, Marzo 2008

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

1. 110. The Committee last examined this case, which concerns allegations of interference in the activities of the Gabonese Confederation of Free Trade Unions (CGSL), suspensions of employment contracts, dismissals, threats, arbitrary arrests and detentions of trade unionists, as well as illegal mass dismissals on the pretext of economic grounds, at its June 2007 meeting [see 346th Report, paras 996–1036]. In its recommendations, the Committee requested the Government: (a) to inform it as soon as the dispute within the CGSL is settled; (b) concerning the representativeness of the trade union organizations, to pursue its efforts to clarify the situation and establish a mechanism to determine whether trade union organizations are representative or not; (c) to keep it informed of the procedure under way before the labour court concerning the request for damages lodged against Mr Meye Sima, trade union official of the Free Federation of Energy, Mining and Allied Enterprises (FLEEMA) affiliated to the CGSL, and to provide copies of the judgements handed down in the case of Mr Thierry Kerry Nziengui, CGSL representative for Moyen Ogooué province, and the other former employees of the RIMBUNAN company; (d) to review the situation of CGSL members standing for election as staff representatives at the Gabon Services Company (SGS) who were dismissed for distributing leaflets calling for strike action, and seek their possible reinstatement in the enterprise [see 346th Report, para. 1036].
2. 111. The Government sent a partial reply in a communication dated 9 August 2007. With regard to the dispute within the CGSL, the Government states that the two factions have concluded an agreement, under the arbitration of the Minister for Labour and Employment, to set up a provisional bureau pending a new congress. Moreover, as regards the question of the representativeness of trade unions, the Government points out that it requested assistance from the International Labour Office in its efforts to clarify the situation. In its communication, the Government also indicates that it will inform the Committee, once the new judicial term starts, of the situation concerning the claim for damages against Mr Meye Sima and the judgements handed down in the cases of Mr Thierry Kerry Nziengui and the other former employees of the RIMBUNAN company.
3. 112. As regards the possible reinstatement of Mr Mavoungou Moukelia and Mr Juvénal Mbogou, CGSL members standing for election as staff representatives at the SGS, the Government indicates that their reinstatement is not certain inasmuch as their dismissal comes in the wake of calls for an illegal strike – especially under the terms of section 345 of the Labour Code, which states that any strike declared without fulfilling the obligation to give five days’ notice is illegal – and in view of the opinion of the employer, who considers that the dismissal occurred too long ago and that the breach of trust does not lend support to their reinstatement.
4. 113. The Committee notes the information supplied by the Government. As regards the reinstatement of Mr Mavoungou Moukelia and Mr Juvénal Mbogou, the Committee refers to its previous conclusions in this case in which it noted that the persons in question had been dismissed following the distribution of leaflets calling on the other workers to continue a strike in the enterprise, even though negotiations had just been held and work had returned to normal. In this regard, it recalled that, as a general rule, the distribution of leaflets calling on workers to take industrial action is a legitimate trade union activity. The Government was therefore invited to review the workers’ situation and seek their possible reinstatement. In view of the Government’s indications concerning the uncertainty around the reinstatement of the persons concerned, the Committee recalls that, as a general rule, persons who have been the subject of anti-union discrimination should have the possibility of being reinstated in their posts. However, if the judicial authority determines that reinstatement of workers dismissed in violation of freedom of association is not possible, measures should be taken so that they are fully compensated. The compensation should be adequate, taking into account both the damage incurred and the need to prevent the repetition of such situations in the future [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 843 and 844]. The Committee requests the Government to keep it informed of the resolution of the internal dispute within the CGSL and of any measure taken with regard to Mr Mavoungou Moukelia and Mr Juvénal Mbogou. The Committee also requests the Government to keep it informed of the steps taken to clarify the situation regarding the representativeness of trade union organizations and establish a mechanism to determine the representativeness.
5. 114. As regards the proceedings under way in the labour court relating to the claim for damages filed against Mr Meye Sima and the cases of Mr Thierry Kerry Nziengui and the other former employees of the RIMBUNAN company, the Committee hopes that the judicial authorities will reach a decision rapidly and trusts that the Government will supply a copy of the judgements once they have been delivered.