Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 320, Mars 2000

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

1. 76. The Committee examined the substance of this case at its meetings in March 1997, March 1998 and November 1998 (see 306th Report, paras. 601-618, 309th Report, paras. 371-386 and 311th Report, paras. 81-84, respectively). The Committee also drew the Governing Body's attention to this case due to the seriousness and urgency of the issues raised (see 309th Report, para. 9), namely dismissals, arrest, detention, torture and death of trade unionists.
2. 77. When it last examined this case, the Committee insisted that the Government provide specific and detailed information on the situation of each of the workers listed in the appendices to the 306th Report, who were allegedly dismissed for carrying out union activities, were prevented from carrying out these activities by the authorities, or were subjected to anti-union measures. The Committee also requested the Government to forward copies of any written reasons or recommendations of the appeal board set up to re-examine the complaints of unfair dismissal.
3. 78. In a communication dated 18 October 1999, the Government indicates that the President of the Republic issued a number of decrees to the various ministries indicating names of persons to be reinstated and those whose pension benefits were to be improved. The Government appended a table setting out the decree numbers, the number of persons reinstated and the number of persons whose pensions were improved, as well as their place of work.
4. 79. The Committee recalls that in its previous report, it deplored the fact that the Government again provided only very partial information on the situation of the various workers. The Committee must again deplore this fact, and again insists that the Government provides specific and detailed information on the situation of each of the workers noted in the appendices to the 306th Report, and forward copies of any written reasons or recommendations of the appeal board. The Committee also requests the Government to forward copies of the Presidential decrees noted in its most recent communication.
5. 80. With respect to the allegations of arrest and detention of trade unionists, often accompanied by acts of torture, the Committee had urged the Government to open an inquiry into the precise circumstances in which Messrs. Abdel Moniem Suliman, Abdel Moniem Rahma, Mohamed Babiki, Yousif Hussain, Osman Abdel Gadir and Daoud Suliaman were detained, tortured or killed. The complainant in a communication of 18 November 1998, states that the detention of active trade unionists continues. Deeply regretting that the Government does not appear to have opened an inquiry as requested, and has to date not addressed the specific and very serious allegations of detention and torture concerning Messrs. Osman Abdel Gadir and Daoud Suliaman, the Committee strongly urges the Government to open an inquiry to establish the precise circumstances in which the above-noted persons were detained, tortured or killed, to take the necessary steps for legal proceedings against those responsible, to punish the guilty parties and for the
   • redress of the prejudice suffered. The Committee requests the Government to keep it informed in this regard.
6. 81. The Government states that the tripartite committee established to revise the Trade Union Act, 1992, has completed its work and has drafted a new Trade Union Act taking into consideration the observations of the ILO supervisory bodies. This draft legislation was submitted to the Attorney-General to finalize and to take the necessary steps to have it approved through the Council of Ministers and the National Council.
7. 82. The Committee takes note of this information, and requests the Government to forward to it a copy of the draft Trade Union Act and to keep it informed of the status of the draft and the likely time frame for its adoption.