Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 334, Juin 2004

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

1. 18. The Committee last examined this case, which concerns the eviction of trade union premises and confiscation of trade union property of the National Syndical Federation (NSF "GMH") at its November 2003 meeting [see 332nd Report, paras. 19-21]. On that occasion, the Committee recalled that this complaint, which dates back to March 1998, involved very serious violations of freedom of association principles and urged once again the Government to hold without delay meaningful discussions with the complainant organization with a view to settling the issues of trade union premises and confiscation of trade union property of NSF "GMH" and to keep it informed of developments.
2. 19. In a communication of 6 February 2004, the Government indicates that under article 46 of the Labour Code, state authorities and employers must facilitate trade union activities, including by providing free of charge real estate, premises and other facilities required for the performance of their functions. In this context "provide" means the right to use, not ownership. In addition, the grounds for providing such facilities are the performance of the unions’ lawful functions; if the functions in question are irrelevant or are not observed, the grounds themselves are not present. The legislation therefore provides that any state property held in such circumstances is subject to eviction by order of the District Governor. This is why in this case the property in question has been seized, sealed and deposited for safe-keeping. The president of NSF "GMH" has been legally called during and after the eviction but has not appeared for inventory of the property, a list of which is attached to the Government’s communication. The Government adds that some items are missing from the initial list and that there remain charges unpaid by GMH, a behaviour the Government considers unfair, non-constructive and in some respects contrary to the law. The Government argues that, under Article 8 of Convention No. 87, workers’ organizations should respect the law of the land.
3. 20. Referring further to the information provided as part of Case No. 2047 (see below) on the new representativity criteria for workers’ and employers’ organizations, the Government states that NSF "GMH" does not have structures and members at enterprise, sectoral and regional levels; and that the organization is not party to any registered collective agreement. In any event, the Government considers real activity by workers’ organizations, and not only formal registration. That being so, the Government cannot see any legal possibility to provide for free use of new premises to NSF "GMH".
4. 21. While noting the Government’s assertion that NSF "GMH" does not have at present trade union activities, is not a party to any collective agreement and may not, under the law, enjoy the gratuitous use of facilities provided by the state authorities or the employer, the Committee recalls that the acts which initially gave rise to this complaint, i.e. eviction from trade union premises and confiscation of trade union equipment and documents, may constitute serious impediments to trade union activities. The Committee urges the Government to refrain from having recourse to such measures in future.