Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report containing its reply to the observations of the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation) dated 10 August 2006 concerning acts of repression of workers and in particular on the occasion of the demonstration of public employees organized by the National Union of Public Finance Workers (SINAFIG) on 27 September 2005, which was alleged to have been brutally repressed by the police, a number of officials having been injured on that occasion.

The Committee notes the Government’s statement that the public employees taking part in the demonstration were illegally occupying a public thoroughfare. The demonstration, which did not observe the relevant procedures, was dispersed by the police (not by armed bands) since it was causing a public disturbance and restricting freedom of movement and the freedom of other workers to reach their workplaces.

In this respect, the Committee recalls that the right to organize public meetings or demonstrations in support of social and economic demands, constitutes an important aspect of trade union rights. Nevertheless, organizations must observe the general provisions relating to public meetings, which are applicable to everyone. The prohibition of demonstrations or processions on public streets, when it is feared that disturbances might occur, does not necessarily constitute an infringement of trade union rights, but the authorities should strive to reach agreement with the organizers of meetings to enable them to be held in some other place or under agreed upon conditions so as to minimize the likelihood of disturbances. While reasonable restrictions are acceptable, they should not result in breaches of fundamental civil liberties (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 37). The Committee asks the Government to take the necessary measures to ensure observance of these principles.

Finally, the Committee notes the observations of the International Trade Union Confederation (ITUC), dated 28 August 2007, concerning the occupation of the headquarters of the National Union of Secondary School Teachers (SYNESCI) by the government authorities, recruitment of a militia by the maritime police to intimidate strikers and threats of penalties against primary‑school teachers on strike. The Committee asks the Government to send its reply to the observations of the ITUC.