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- 29. The Committee last examined this case at its October 2013 meeting
[see 370th Report, paras 40–44], when it requested the Government: to keep it informed
of the progress of the negotiations concerning the forthcoming reinstatement of Ms
Mariam Hassan Ali and Mr Habib Ahmed Doualeh, and of the actual payment of the
retirement pension of Mr Kamil Dinareh Hared, also covering the gap in annuities; to
state whether any judicial appeal was lodged against the administrative decision to
dismiss Mr Hassan Cher Hared; and to keep the Committee regularly informed of the
progress of the proceedings brought against Mr Hassan Cher Hared, Mr Adan Mohamed Abdou,
Mr Mohamed Ahmed Mohamed and Mr Djibril Ismael Egueh for “delivering information to a
foreign power”.
- 30. In a communication dated 13 February 2014, the Government indicates
that a draft decree is being developed to provide a standard pension for all workers
dismissed in 1995 who have not been reinstated and have reached retirement age, and a
survivor pension for the rights holders. This measure would apply to Mr Kamil Dinareh
Hared. The Committee requests the Government to keep it informed of the adoption of the
decree in question and of the allocation of the pension to Mr Kamil Dinareh Hared, and
to the other eligible workers. The Committee welcomes the steps taken by the Government
to settle this issue once and for all, and accordingly expects a timely resolution.
- 31. In this regard, the Committee notes with interest the reinstatement
of Ms Mariam Hassan Ali to the Ministry of National Education and expects the Government
to inform it of the reinstatement of Mr Habib Ahmed Doualeh and Mr Abdoulfatah Hassan in
the very near future, as it undertakes to do.
- 32. Moreover, the Committee takes note of the Government’s commitment to
keep it informed of all judicial appeals concerning the administrative decision to
dismiss Mr Hassan Cher Hared and of the progress of the proceedings filed in 2006
against Mr Hassan Cher Hared, Mr Adan Mohamed Abdou, Mr Mohamed Ahmed Mohamed and Mr
Djibril Ismael Egueh for “delivering information to a foreign power”. On this last
point, the Committee recalls that excessive delays in the proceedings may have an
intimidating effect on the union officials concerned, thus having repercussions on the
exercise of their activities. The Committee expects the Government to provide additional
information without delay regarding the aforementioned issues, which have been pending
for many years.