Rapport définitif - Rapport No. 241, Novembre 1985

1. 49. The Committee has already examined this case on a number of occasions and most recently at its May l984 meeting when, in the absence of any reply from the Government which had not sent any substantive information in response to the requests voiced by the Committee in its previous reports, it presented an interim report to the Governing Body (see 234th Report, paras. 445-484, approved by the Governing Body at its 226th Session (May-June l984)).
2. 50. At its February l985 meeting, the Committee noted that the Government had still not sent the desired information and observations, appealed to it to transmit its observations as a matter of urgency and indicated that, in conformity with its procedural rules, it would present a report on the substance of the case at its meeting in May l985 (see 238th Report, para. 20, approved by the Governing Body at its 229th Session (February-March l985)).
3. 51. Since then, the ILO has received two communications from the Government dated 8 and 22 May l985.
4. 52. The Central African Republic has ratified the Freedom of Association and Protection of the Right to Organise Convention, l949 (No.087), and the Right to Organise and Collective Bargaining Convention, l949 (No.098).

A. Previous examination of the case

1. 53. The complaints related mainly to the dissolution by administrative authority of the General Union of Central African Workers (UGTC) but also concerned the occupation of the latter's premises, the freezing of its assets and the censorship imposed on it, as well as a number of dismissals. Trade union activities in the country were subsequently suspended and several trade unionists, including the Secretary-General of the UGTC, Sonny Cole, were arrested.
2. 54. The complainants explained that the UGTC had called a general strike on l5 May l98l throughout the private sector, following unsuccessful attempts at collective bargaining with the Government and with the employers. According to the complainants, the Government had rejected the list of grievances presented by the workers on the occasion of May Day, although the list contained demands relating for the most part to the working conditions of all employed persons.
3. 55. On l6 May l98l, the day after the strike, the President of the Republic dissolved the organisation by decree on the grounds of its alleged uncompromising attitude in the negotiations with the employers and the Government, its alleged secret dealings abroad and its illegality arising from the trade union monopoly status provided for in its by-laws. The UGTC also alleged that, 48 hours prior to its dissolution, the authorities recognised a new central trade union organisation, the National Confederation of Central African Workers (CNTC).
4. 56. Subsequently, the UGTC alleged the dismissal or suspension of a number of trade unionists and attached to its communication a Ministerial Order of 23 May l981 suspending four senior officials from their duties. It also enclosed a note from the Ministry ordering the Director-General of the National Savings Bank of Central Africa to block the account of the UGTC.
5. 57. Furthermore, as soon as it came to power on l September l98l, the Military Committee of National Reconstruction suspended all the activities of political parties and national organisations, including trade unions, throughout the country.
6. 58. Following the blocking of the UGTC's assets, the organisation's Secretary-General, Sonny Cole, lodged a complaint against the Government with the Bangui Court. The hearing, which should have been held on l7 March l982, did not take place because of the arrest of three of the court judges, including the President of the Administrative Court.
7. 59. Lastly, the International Confederation of Free Trade Unions (ICFTU) alleged that Sonny Cole and other trade unionists had been arrested on 2 February l983 for incitement to strike.
8. 60. In its initial replies, the Government confirmed that the UGTC had been dissolved and explained that, in its opinion, the general strike of l5 May l98l had had nothing to do with the conditions of work of employed persons but had been political in nature. It affirmed that it had dissolved the UGTC, which was exercising a trade union monopoly, in order to enable Central African workers to create freely the trade unions of their own choosing.
9. 61. The Government stated that, since the UGTC had been dissolved, several central trade union organisations had been set up by the workers themselves: the National Confederation of Central African Workers (CNTC), the Central African Confederation of Free Trade Unions (CCSL) and the Central African Federation of Labour (FCT). The by-laws of these organisations were being examined by the Ministry of the Interior. The Government indicated, however, that trade union activities had been suspended and that it was therefore out of the question to recognise the CCSL or any new organisation that might be set up in the prevailing circumstances. It acknowledged that it had blocked the UGTC's bank accounts to safeguard the workers' assets and explained that the Bangui High Court was making an inventory of the assets of the former UGTC and would decide how they were to be allocated to organisations pursuing the same aims. According to the Government, the suspension of certain officials was a disciplinary measure taken against senior administrative officials found guilty of dereliction of duty, whose professional misconduct constituted lawful grounds for terminating their contracts of employment.
10. 62. According to a statement by a Government representative to the Conference Committee on the Application of Conventions and Recommendations in l982, the UGTC's bank deposits disappeared after the UGTC was dissolved, its officers with power of signature having rushed to the banks to draw cheques for their own benefit, as could still be proved. The Government representative stated that there was nothing to prevent the members of the former UGTC from establishing a new trade union organisation of their own choosing.
11. 63. Addressing the Conference Committee on the Application of Conventions and Recommendations in l983, the Government representative indicated that the Head of State had suspended all trade union and political activities in order to restore order and stop the trade union being utilised by political parties. However, although in practice political activities were suspended, trade union activities continued and the National Confederation of Central African Workers enjoyed freedom of expression.
12. 64. With respect to the arrest of Sonny Cole, the Government stated that the acts of which he was accused were of a political nature. Sonny Cole and his fellow trade unionists were later released on l May l983.
13. 65. At its May-June l984 session the Governing Body approved the following recommendations of the Committee: "
    • a) The Committee regrets the uncooperative attitude of the Government as regards this case as a whole.
    • b) In general the Committee wishes to express its deep concern at the seriousness of the measure to suspend trade union activities which has affected all aspects of trade union life since September l98l. It expresses the firm hope that trade union organisations in the Central African Republic will be able to resume their activities as rapidly as possible and that all workers will be able to establish organisations of their choosing, including an organisation carrying on from the ex-UGTC if they so wish. It requests the Government to inform it of any measure it may take with a view to re-establishing the activities of all trade union organisations that wish to exist in the country.
    • c) While noting the release of Sonny Cole and his colleagues on the occasion of the May Day celebrations in l983, after three months' detention for incitement to strike, the Committee recalls that the arrest of trade unionists, and particularly of trade union leaders, for activities connected with the defence of the interests of workers, constitutes a serious infringement of civil liberties in general and of trade union rights in particular.
    • d) The Committee requests the Government to communicate the judgement of the Bangui Court concerning the dissolution of the UGTC and the transfer of its assets as soon as it has been handed down.
    • e) As regards the arrest of judges of the Bangui Court, including the President of the Administrative Tribunal, the Committee requests the Government to indicate whether these arrests were related to the case pending before the court which concerned the dissolution by administrative authority of the UGTC and the transfer of its assets.
    • f) The Committee notes that talks between its Chairman and the Government representative of the Central African Republic took place on l4 June l983 at the 69th Session of the International Labour Conference concerning the possibility of an on-the-spot mission to examine all the questions at issue. The Committee urges the Government to transmit its reply concerning this mission, which it considers would be most useful and would enable it to reach conclusions on this case in full knowledge of the facts."

B. The Government's reply

1. 66. In a telegram of 8 May l985, the Government informed the Committee that it was sending a memorandum on the case. A subsequent communication dated 9 May l985 from the Ministry of the Public Service, Labour and Social Security, containing the Government's detailed explanations on the matter, reached the ILO on 22 May l985.
2. 67. According to the Government, the dissolution of the UGTC is lawful inasmuch as the organisation strayed from its essential objective of defending the occupational, social and economic interests of its members. The UGTC had originally been set up under the l964 Constitution which had institutionalised a single-party system in the form of the Social Development Movement of Black Africa (MESAN), implicit in which was the existence of a single central trade union organisation, the UGTC, representing all occupational trade unions.
3. 68. The Government explained that the dissolution of the UGTC, a single central trade union organisation that was an instrument of the MESAN, was the natural consequence, in law, of the institution of a multi-party political system under the Constitution of 5 February l98l. In other words, the Government's decision to dissolve the UGTC is in line with the new Constitution and therefore lawful.
4. 69. The Government goes on to explain that the dissolution of the UGTC left all workers free to set up organisations of their own choosing and that three central trade union organisations had been established by the workers themselves:
   • the National Confederation of Central African Workers (CNTC), affiliated to the World Confederation of Labour, on l0 August l980;
   • the Central African Federation of Labour (FCT), affiliated to the World Federation of Trade unions, on l2 July l98l;
   • and the Central African Confederation of Free Trade Unions (CCSL), affiliated to the International Confederation of Free Trade Unions, also in l98l.
   • The Government admits, however, that the by-laws of the two last-named organisations are still being examined by the Ministry of the Interior which is conducting the customary investigation into the moral standards of their officers in accordance with national legislation governing associations.
5. 70. The Government further explains that, as a result of the establishment of these central organisations, there had been a serious split within the UGTC, that the organisation's leaders had been manipulated by the political parties and by foreign interests and had deviated from its objectives, that they had incited workers to revolt and that they had thus disrupted economic activities and law and order, paralysed the public institutions and endangered the very life of the nation. Furthermore, according to the Government, it was in this climate of insurrection, with the political parties pressing trade union demands for their own ends, that the Military Committee of National Reconstruction ordered the suspension of the activities of all national organisations, including central trade union organisations, throughout the country.
6. 71. With respect to the restitution of the former UGTC's assets, the Government states that the Court has not yet handed down its judgement on the matter. It reiterates its earlier statement that the organisation's local bank deposits were withdrawn on 19 May l981 by the former leaders of the UGTC who had used them for their own purposes. In the Government's view, it was only logical that they be asked to account for their actions. The Government adds that the alleged arrest of the Bangui Court judges was quite unrelated to the case pending before the court.
7. 72. Finally, the Government continues, it was in the wake of a wildcat strike held by workers in the private sector to block a government decision to extend to private sector workers the exceptional contribution to national reconstruction that had hitherto been required only from workers in the employ of the State that a number of trade unionists, including former UGTC Secretary-General Sonny Cole and his colleagues, had been arrested in January l983 following a police investigation for incitement to an illegal strike that was tantamount to a revolt against the legitimate authority of the State. On May Day of l983, however, they had been released and reinstated in their duties, according to the Government.
8. 73. With respect to the resumption of trade union activities, the Government states that the purpose of the "trade union truce" which it called in September l98l had been to bring about a climate of peace and security in which to revive the national economy after l5 years of plunder and ruin and to extricate the nation from the deplorable situation brought about by the irresponsible behaviour of the political parties, of the organisations that were their instruments and of certain politicised trade union leaders. The Government assures the Committee that it will in due course order the general resumption of trade union activities once a climate conducive to harmonious development has been restored and the sources of economic and social disruption have been eradicated; for the time being, however, no new development warrants its reconsidering its decision and thus risking a return to the situation that obtained prior to September l98l.
9. 74. In conclusion, the Government believes that the complaints considered by the Committee in the present case should be dropped inasmuch as there is no new element to justify their further consideration in the present circumstances, since the suspension of the activities of national organisations is a general measure that is not specifically directed at trade unions, the right to organise continues to exist in the Central African Republic in accordance with its international commitments; a recognised trade union organisation, the National Confederation of Central African Workers, is collaborating with the public authorities and the employers in tripartite bodies operating at the national and international level; and the Government's decision which is the object of the complaint prohibits only demonstrations or activities of organisations liable to be politicised or to disturb the peace and disrupt the economy during the current period of national reconstruction.
10. 75. Speaking before the Committee on the Application of Conventions and Recommendations of the International Labour Conference in l985, the Government representative reiterated the explanations that his Government had given in its written communication of 9 May l985. Regarding the possible date of resumption of trade union activities, he stated that he was not qualified to furnish any information on the subject but that, although the Military Committee had banned all national demonstrations, the Government had called on the workers to take part in the ceremonies that were to be held to commemorate the national holiday, which could be looked upon as a positive sign.

C. The Committee's conclusions

1. 76. In the first place, the Committee deplores the fact that it was only after it had sent the Government two urgent appeals in February l984 and February l985 that the latter sent a memorandum on the subject on 9 May l985. Moreover, the memorandum on the whole provides very little additional information.
2. 77. The Committee regrets particularly that the Government should have chosen not to respond to its proposal and that of the Governing Body that direct contacts be initiated. Considering the importance and gravity of the matters raised in the complaints and the inadequate information supplied by the Government, the Committee is convinced that an on-the-spot mission by a representative of the Director-General would have helped to shed light on the trade union situation and contributed to a useful examination of appropriate solutions to the existing problems.
3. 78. The Committee therefore feels obliged to recall that the purpose of the procedure that has been initiated is to secure the respect of trade union freedoms de jure and de facto and that it is convinced that, just as it protects governments against unreasonable accusations, the governments themselves must surely recognise the importance of their submitting detailed replies to the allegations made against them so that they can be examined objectively.
4. 79. The Committee recalls that the complaints originally submitted in this case related to the dissolution of the UGTC which was ordered by decree No. 81/216 signed by the President of the Republic on l6 May l981. Although the Committee notes the Government's repeated explanations regarding the trade union monopoly status exercised by the UGTC and the creation of a pluralistic trade union movement in accordance with the Constitution, the fact remains that a trade union organisation was dissolved by administrative authority in clear violation of Article 4 of Convention No. 87 ratified by the Central African Republic.
5. 80. The dissolution of the UGTC naturally raises the question of the restitution of the funds and assets belonging to the organisation. The Committee observes that the Government itself recognises that the Court examining the case has not yet handed down its judgement. Under the circumstances, the Committee cannot but reiterate the principle that, when an organisation is dissolved, its assets should eventually be distributed among its former members or handed over to the organisation that succeeds it; this must be taken to mean the organisation or organisations which pursue the aims for which the dissolved union was established and which pursue them in the same spirit. (See, for example, 174th Report, Case No. 900 (Spain), para. 258, and 209th Report, Case No. 763 (Uruguay), para. 78).
6. 81. The application of this principle implies that the workers should have the right to set up organisations of their own choosing and, in particular, should be able, if they so desire, to establish an organisation that genuinely takes over from the UGTC. In this regard, the Committee notes the Government's repeated statements that the purpose of dissolving the UGTC was precisely in order to make possible trade union pluralism. It also notes the Government's further affirmation that several central trade union organisations were set up following the dissolution of the UGTC. The Committee must, however, observe that the Government itself recognises that only the CNTC has been legally registered and that the by-laws of the two other organisations set up in l98l are still being examined by the Ministry of the Interior in l985. Moreover, the delegation of the Central African Republic to the 71st Session of the International Labour Conference in l985 apparently included no representative of these two central organisations. The Committee therefore calls upon the Government as a matter of great urgency to take steps to ensure that the workers are able both under the law and in practice to establish the organisations of their own choosing, in accordance with Article 2 of Convention No. 87. It calls upon the Government to indicate the current status of the property of the former UGTC, including both its fixed and its liquid assets, and the reasons why the Bangui Court which has been examining the matter of the restitution of the assets of this organisation since l982 has not yet handed down its judgement.
7. 82. With regard to the cancellation of trade union activities, which in the Central African Republic is known as the "trade union truce", the Committee notes that, according to the Government, trade union activities in the country are in practice normal and that the CNTC enjoys freedom of expression. The Committee observes, nevertheless, that the Government itself admits that the free exercise of trade union rights applies only to one central organisation. The Government has moreover recognised that the fact that trade union activities are suspended prevents it from recognising any new organisation that might be set up in the prevailing circumstances. The Committee must therefore emphasise that all workers in the Central African Republic should have the right to engage freely in the defence and promotion of their economic and social interests through central organisations of their choice.
8. 83. The Committee considers that a return to normal trade union life must be the objective of the Government, which has ratified Conventions Nos. 87 and 98 and is consequently required to apply them. The Committee is therefore of the opinion that the question of the restitution of the assets of the former UGTC, that of the cancellation of trade union activities and that of the non-registration of the by-laws deposited in l98l by the Central African Federation of Labour and the Central African Confederation of Free Trade Unions all warrant being brought to the attention of the Committee of Experts on the Application of Conventions and Recommendations.