Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 330, Mars 2003

1. 692. The complaint is contained in communications dated 1 and 19 June, and 2 and 10 July 2001 from the Georgian Trade Unions Amalgamation.
2. 693. The Government sent partial information on the allegations made in communications dated 29 November 2001 and 28 May 2002. The Committee has been obliged to postpone its examination of the case on two occasions [see 327th and 328th Reports, para. 6]. At its meeting in November 2002 [see 329th Report, para. 9], the Committee issued an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report approved by the Governing Body, it could present a report on the substance of the case at its next meeting even if the information or observations requested had not been received in due time. To date the Government has sent no new observations.
3. 694. Georgia 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. 695. In its communications dated 1 and 19 June, and 2 and 10 July 2001 the Georgian Trade Unions Amalgamation alleges that, by seizing trade union property and interfering in trade union matters, the Government violates trade union rights.
2. 696. In particular, the complainant states that, despite a 1998 ruling of the Constitutional Court providing for the restitution to the complainant of a previously seized building (Palace of Culture), which was built by the trade unions and had been used by the unions for congresses and other activities, the building has still not been handed over to them. The complainant also alleges that all assets owned by the Georgian Trade Unions Amalgamation were sequestrated by order of a district court in 1999, which remains in force due to the overly lengthy appeal proceedings.
3. 697. The complainant further alleges interference by the authorities in the election procedure. Specifically, the complainant refers to the events that took place prior and during the Fifth Congress of the Georgian Trade Unions Amalgamation held on 24 November 2000. According to the complainant, the authorities in their attempt to establish their influence over the organization sought to influence delegates with bribes and intimidation by calling them to offices or by phone hoping that they would support an alternative candidate for the post of chairperson of the Trade Unions Amalgamation. Two weeks before the Congress, the head of the Amalgamation’s organizing department, Ms. Eteri Matureli, suffered a violent attack during which her skull was injured and her arm was broken. According to the complainant, this attack was staged with the sole purpose of preventing adequate preparation of the general meeting. On the day of the Congress, members of the security services forced their way into the home of the deputy chairperson of the complainant organization and took her son for questioning. According to the complainant this action was taken in order to intimidate and demoralize the deputy chairperson of the organization and prevent her from taking an active part in the meeting. Furthermore, many uninvited people and non-delegates came to the meeting, including Members of Parliament and its Deputy Speaker, government representatives and members of the government party.
4. 698. The complainant further states that, despite efforts to establish normal and constructive relations with Members of Parliament, the pressure on the trade union is growing and new tactics are used in order to discredit the complainant organization. In particular, the complainant states that, two days before the plenary of the Council of the Trade Unions Amalgamation, a suit was filed in a district court in order to exclude from the agenda of the meeting the following matters: management system of “Kurortinvest” (trade union’s resort system of which the Amalgamation is the founder member and shareholder) and establishment of property protection service, which is envisaged by the union’s by-laws. According to the complainant, the judges considered the case without hearing the views of the complainant organization and issued a ruling prohibiting the Council to consider those questions. Despite the decision of the court, those two topics were discussed and relevant resolutions were adopted. Following the meeting, representatives of the Ministry of Justice invited Mr. Irakli Tugushi, the chairperson of the Georgian Trade Unions Amalgamation, to the police station with the aim of indicting him for the criminal offence of failure to comply with a court ruling.
5. 699. Moreover, the complainant states that the Parliamentary Economic Policy Committee held a meeting on “the situation that has arisen in the Georgian Trade Unions Amalgamation” to which only few members of the executive of the Trade Unions Amalgamation were invited. The Committee adopted a decision, which, according to the complainant, reflected the interests of certain groups of Members of Parliament. It was also said that trade unions enjoyed too many rights and that therefore the Act on trade unions adopted by the Parliament in 1997 should be reconsidered.
6. 700. Finally, the complainant alleges that on several occasions the local authorities have held meetings in their offices with the aim to urge workers to switch their membership to an alternative trade union created by them.

B. The Government’s reply

1. 701. In its communications of 29 November 2001 and 28 May 2002, the Government states that the present case is in the process of investigation by the relevant governmental bodies and that at this stage it could reply only to some of the allegations.
2. 702. As regards the allegation of interference in trade union activities, the Government states that, according to information received from Parliament, there where no precedents of illegal intervention on the process of work of the Governing Board of the Georgian Trade Unions Amalgamation by the Government nor by the parliament.
3. 703. As regards the attack on a member of the Georgian Trade Unions Amalgamation, Ms. Eteri Matureli, the Government indicates that, due to the fact of robbery, the relevant criminal case was launched in November 2002 and the case is still under investigation.
4. 704. As regards the episode connected to the deputy chairperson of the Georgian Trade Unions Amalgamation, the Government states that voluntarily questioning of her son had no relation to the activities of Ms. Londa Sikharulidze as deputy chairperson.
5. 705. Concerning the allegation of interference in the work of the Plenary Council of the Georgian Trade Unions Amalgamation, the Government states that, according to the district court ruling of 29 May 2001, Mr. Irakli Tugushi, the head of the Amalgamation and the Plenary Council of the trade union were forbidden to discuss the issues related to the management status of the health-resort system and property-protection service. Nevertheless, those issues were discussed and, as a result, the executive police established a criminal case, which was submitted to the Office of the General Prosecutor of Georgia.

C. The Committee’s conclusions

1. 706. The Committee notes that this case relates to allegations of seizure of trade union property and interference by the authorities in trade union matters.
2. 707. The Committee notes from the complainant’s allegations that, despite a 1998 ruling of the Constitutional Court providing for the restitution to the complainant of a previously seized building (Palace of Culture), which was built by the trade unions and had been used by the unions for congresses and other activities, the building has still not been handed over to them. It also notes the complainant’s allegation that all assets owned by the Georgian Trade Unions Amalgamation were sequestrated by order of a district court in 1999, which remains in force due to the overly lengthy appeal proceedings. The Committee notes that no observation has been received from the Government in this respect.
3. 708. Considering that after four years since the decision of the Constitutional Court the Palace of Culture has still not been returned to the trade unions, the Committee expresses its concern over this situation. It recalls in this respect that the freedom to organize their activities implies that trade unions should be able to dispose of all their fixed and movable assets unhindered. The Committee draws the Government’s attention to the importance of the principle that the property of trade unions should enjoy adequate protection [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 184]. The Committee therefore requests the Government to take the necessary measures so as to ensure that the building in question is returned to the trade unions. The Committee requests the Government to keep it informed in this respect.
4. 709. The Committee also expresses its concerns over the situation wherein all assets owned by the Amalgamation have been sequestrated since 1999 and the appeal has not yet been heard by the courts due to the lengthy legal procedures. In this respect, the Committee recalls the importance it attaches to such proceedings being concluded expeditiously, as the seizure of trade union assets constitutes a serious interference in trade union activities. The Committee has always considered that justice delayed is justice denied [see Digest, op. cit., para. 105]. It therefore requests the Government to take the necessary measures so as to ensure that the appeal of the Amalgamation against the court ruling ordering the seizure of its assets is promptly heard and to keep it informed in this respect.
5. 710. The Committee notes the complainant’s allegation concerning the interference by the authorities in the election procedure by trying to influence trade union members with bribes and intimidation as well as by taking part in the meeting of the Congress where uninvited Members of Parliament, including its Deputy Speaker, government representatives and members of the government party were present. The Committee notes that the Government, referring to the information it has received from Parliament, denies the allegations of interference in the work of the Governing Board of the complainant organization.
6. 711. Concerning this set of allegations, the Committee notes from the Government’s statement that it has relied on the information it had received from Parliament. The Committee regrets that no proper investigation was conducted. It therefore recalls that any interference by the authorities and the ruling political party in the elections of the executive bodies of a trade union organization is incompatible with the principle that organizations shall have the right to elect their representatives in full freedom. Moreover, under these circumstances, the presence of government officials during trade union elections is liable to infringe freedom of association. The Committee therefore requests the Government to take all the necessary measures so as to ensure that the public authorities refrain from any interference, which would restrict this right or impede the lawful exercise thereof.
7. 712. The Committee further notes the allegation of physical assault against Ms. Eteri Matureli, the head of the Georgian Trade Unions Amalgamation organizing department, as well as measures taken against a family member of the deputy chairperson of the Amalgamation with the aim to intimidate and demoralize those trade union leaders. The Committee notes from the Government’s statement that the criminal case on the assault on Ms. E. Matureli was launched in November 2000 and is still under investigation. As regards the episode connected to the deputy chairperson of the Georgian Trade Unions Amalgamation, the Government states that voluntarily questioning of her son had no relation to her activities as deputy chairperson.
8. 713. Recalling that the rights of workers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and that it is for the Government to ensure that this principle is respected, the Committee regrets that the case of Ms. Eteri Matureli is still under investigations two years after it was opened [see Digest, op. cit., para. 47]. The Committee considers that an independent judicial inquiry should be established in the case of Ms. Eteri Matureli in order to shed light, at the earliest date, on the facts and the circumstances in which a physical assault against her occurred and, in this way, to the extent possible, determine where responsibility lies, punish the guilty parties and prevent the repetition of similar events. The Committee requests the Government to keep it informed on any developments in the case of Ms. Eteri Matureli.
9. 714. The Committee notes the complainant’s allegations concerning the prohibition issued by the court to discuss certain matters concerning the trade union’s resort system, of which the organization is a founding member and shareholder, and property protection services, at the Plenary of the Council of the Amalgamation. The Committee further notes that criminal charges were laid against Mr. Irakli Tugushi, the chairperson of the organization, for contravening the court order. The Committee notes that the Government does not deny this allegation.
10. 715. The Committee considers that the right of workers’ organizations to discuss at their meetings the questions they consider necessary to discuss, 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]. As for the criminal charges brought against the chairperson of the Amalgamation, the Committee considers that, while being engaged in trade union activities does not confer immunity from application of ordinary criminal law, the authorities should not use legitimate trade union activities as a pretext. As those charges were brought in contravention of freedom of association rights, the Committee requests the Government to take all the necessary measures in order to drop the criminal charges brought against Mr. Irakli Tugushi. It requests the Government to keep it informed in this respect.
11. 716. The Committee notes the complainant’s allegation concerning the meeting held by the Parliamentary Economic Policy Committee on “the situation that has arisen in the Georgian Trade Unions Amalgamation” where it was stated that trade unions enjoyed too many rights and that the Act on trade unions should therefore be reconsidered. The Committee notes with concern the comments made by the Parliamentary Economic Policy Committee and regrets that no observation has been received from the Government in this respect.
12. 717. The Committee recalls that Article 3 of Convention No. 87 provides that workers’ organizations have the right to organize their administration and activities and to formulate their programmes without any interference from the authorities. The Committee reminds the Government that if it intends to reconsider the legislation in force, it should hold full and frank consultation with all concerned parties [see Digest, para. 924]. The Committee requests the Government to ensure that this principle is respected.
13. 718. Finally, the Committee notes the complainant’s allegation that on several occasions the local authorities have held meetings in their offices with the aim to urge workers to switch their membership to an alternative trade union created by them. The Committee regrets that no observation has been received from the Government in this respect.
14. 719. The Committee considers that situations where the local authorities are interfering in the activities of a freely constituted trade union by establishing alternative workers’ organizations and inciting workers using unfair means to change their membership violate the right of workers to establish and join organizations of their own choosing. The Committee requests the Government to initiate the relevant inquiries and to keep it informed in this regard.