Rapport définitif - Rapport No. 305, Novembre 1996

1. 451. The complaint in this case is contained in a communication from the International Confederation of Free Trade Unions (ICFTU), dated 4 July 1996. The Government sent its observations in communications of 17 July and 5 September 1996.
2. 452. Chad has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 453. In its communication of 4 July 1996, the International Confederation of Free Trade Unions (ICFTU) alleges that on 2 July 1996, the government authorities suspended, until further notice, the activities of the Union of Trade Unions of Chad (UST) throughout the country. The complainant organization adds that the government authorities are interpreting incorrectly the UST regulations, since they argue that certain views recently adopted by UST in relation to the current political situation in the country appear to run counter to the "apolitical and neutral nature" of the trade union organization. ICFTU states that the government authorities appear to be ignoring the fact that article 2 of the UST regulations provides that "the organization reserves the right to pass judgement on political decisions which may have repercussions on the lives of workers" and that, although UST decided, in accordance with its members' wishes, to adopt a stance in the national political debate so as to further the achievement of its economic and social objectives, the measure taken by the Government, designed to eradicate the UST's means of operating, is incompatible with the principles of freedom of association.
2. 454. Similarly, ICFTU alleges that on 29 June 1996 the security forces occupied UST headquarters, without a court order, and that such an action was designed to prevent the general workers' assembly, due to be held on the same day, from taking place.

B. The Government's reply

1. 455. In its communication of 17 July 1996, the Government states that following the collapse of the dictatorship on 1 December 1990 the country became a pluralist democracy, and that this kind of system presupposes that various freedoms may be exercised; if such freedoms are to be enhanced it is necessary for all social players to demonstrate a sense of responsibility and moderation, all the more so in a country which for decades has been beleaguered by hostilities and armed conflicts. The Government adds that it is important for the social players concerned to understand the nature and role of the different organizations responsible for the economic, social, cultural and political life of the country. This means that the roles played by the different parties, the limits of their various remits and the different types of organization should not be confused. The Government states that a trade union organization has no reason to get involved in political struggles, or to adopt a stance in conflicts opposing the different political parties. The Government points out that in a UST press release of 24 June 1996, the trade union organization states that it has decided "henceforth to work for and direct its activities towards a permanent struggle for national liberation" (the Government sent with its reply, the press release in question according to which the UST insists that its affiliates should not take part in the presidential election). The Government states that such a statement conveys a clear willingness for change decided upon by the leaders of the organization in question and appears to be motivated by the following two fundamental concepts which are incompatible with its role as a trade union: (a) the concept of permanent revolution well known in the political circles with strong ideological links to the extreme left of the international communist movement; and (b) the concept of the struggle for national liberation underpinned by that of armed rebellion. Finally, the Government states that in this context it was decided to suspend the activities of the Union of Trade Unions of Chad, whose leaders demonstrated, during the last presidential elections, excessive activism, and that the decision taken by the Government was a precautionary measure. The Government makes it clear that after the organization was suspended so as to allow the second round of the presidential poll to be conducted correctly, the measure in question was lifted on 30 July 1996 (the Government sent a copy of the relevant decision).
2. 456. In its communication of 5 September 1996, the Government states that the occupation of UST headquarters by security forces on 29 June 1996, the date on which a general assembly was due to take place, was necessary in order to prevent any kind of unrest, given that UST was planning to boycott the second round of the presidential poll during the period of the assembly, which would be detrimental to state security. Finally, the Government points out that the security forces withdrew the day after the occupation, once order had been restored.

C. The Committee's conclusions

1. 457. The Committee observes that the allegations refer to the suspension of the activities of the Union of Trade Unions of Chad (UST) and the occupation of its headquarters.
2. 458. The Committee takes note of the fact that in relation to the allegations presented the Government declares that it introduced precautionary measures in the context of political elections in which UST urged its members not to vote in a communiqué sent to them. The UST communiqué, forwarded by the Government, also states that the activities of the trade union organization were to be directed towards the struggle for national liberation. In this connection, the Committee recalls that "it is only in so far as trade union organizations do not allow their occupational demands to assume a clearly political aspect that they can legitimately claim that there should be no interference in their activities. On the other hand, it is difficult to draw a clear distinction between what is political and what it is, properly speaking, trade union in character. These two notions overlap and it is inevitable, and sometimes usual, for trade union publications to take a stand on questions having political aspects, as well as on strictly economic and social questions" (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 457).
3. 459. In this case, the position adopted by UST, while partly political in character, has given rise to the suspension of its activities by administrative authority. Such a measure therefore undoubtedly constitutes a violation of Article 4 of Convention No. 87, ratified by Chad, which provides that "workers' and employers' organizations shall not be liable to be dissolved or suspended by administrative authority". Consequently, the Committee expresses its profound regret that the Government has resorted to such a measure. However, the Committee observes that the suspension has already been lifted.
4. 460. As regards the occupation of UST headquarters by security forces, the Committee draws the Government's attention to the fact that on numerous occasions it has emphasized that "the right of the inviolability of trade union premises also necessarily implies that the public authorities may not insist on entering such premises without prior authorization or without having obtained a legal warrant to do so" (see Digest, op. cit., para. 175).
5. 461. Furthermore, observing that the occupation of UST headquarters occurred on the day when the workers' general assembly was due to take place, the Committee reminds the Government that "the right of occupational organizations to hold meetings in their premises to discuss occupational questions, without prior authorization and interference by the authorities, is an essential element of freedom of association and the public authorities should refrain from any interference which would restrict this right or impede its exercise ..." (see Digest, op. cit., para. 130).
6. 462. Given the circumstances, the Committee urges the Government to take the necessary measures so that, in future, suspension measures are not taken in relation to trade union organizations by administrative means or trade union premises occupied without legal warrant.