Report in which the committee requests to be kept informed of development - Report No 283, June 1992

Case No 1599 (Gabon) - Complaint date: 03-SEP-91 - Closed

1. 177. The International Confederation of Free Trade Unions (ICFTU) presented a complaint against the Government of Gabon, dated 3 September 1991, alleging the violation of trade union rights.
2. 178. At its February 1992 meeting (see 281st Report, para. 12), the Committee observed that despite the time which had elapsed since the presentation of this complaint, the Government had not transmitted the observations and information which had been requested. The Committee drew the Government's attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, it could present a report on the substance of this case at its next meeting even if the observations or information requested from the Government had not been received in due time. Since this urgent appeal, the Committee has still not received any reply from the Government on this matter.
3. 179. Gabon 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. 180. In its communication of 3 September 1991, the International Confederation of Free Trade Unions (ICFTU) alleges that the Government of the Republic of Gabon has violated Convention No. 87.
2. 181. The complainant explains that Mr. Jean Oulatar, an ICFTU staff member based in Brussels, visited Gabon to gather information on important developments which have recently taken place in Gabon regarding freedom of association, including the establishment of a new trade union confederation, the Gabon Confederation of Free Trade Unions.
3. 182. The ICFTU states that on the evening of 29 August 1991, the date of his arrival in Libreville, Mr. Oulatar explained in reply to questions posed by the immigration authorities at the airport that the purpose of his visit was to meet trade unionists and to discuss with them urgent problems of mutual interest. As soon as he had given these explanations, Mr. Oulatar was immediately arrested and confined to a cell where he was held for more than five hours. According to the ICFTU, he was later released after Gabonese trade unionists who had been at the airport to welcome him and who had witnessed his arrest insisted on his release. Thereafter, Mr. Oulatar was able to carry out his mission without any interference from the authorities.
4. 183. The complainant considers that the circumstances surrounding the arrest and detention of Mr. Oulatar clearly show that he was detained on the grounds of trade union activities; it adds that the Committee on Freedom of Association has on a number of occasions considered that such measures constitute a serious violation of the principles guaranteed by Convention No. 87.

B. The Committee's conclusions

1. 184. The Committee regrets that the Government, in spite of the time which has elapsed since the complaint was filed, and in spite of several requests to reply, including an urgent appeal, has not supplied its comments or observations on the allegations submitted by the complainant organisation.
2. 185. In these circumstances, and in accordance with the pertinent procedural rule (see para. 17 of the Committee's 127th Report, approved by the Governing Body at its 184th Session), the Committee has no choice but to present a report on the substance of this matter even though it has not received any information from the Government.
3. 186. First of all, the Committee reminds the Government that the purpose of the whole procedure set up in the ILO for the examination of violations of freedom of association is to promote respect for trade union rights in law and in fact. If the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance of formulating, so as to allow objective examination, detailed replies to the allegations brought against them (First Report of the Committee, para. 31).
4. 187. The Committee notes that the complainant alleges that on 29 August 1991, Mr. Jean Oulatar, a staff member of the ICFTU, was arrested and detained after having stated to the immigration authorities at the Libreville airport that the purpose of his visit was to meet with Gabonese trade unionists and to discuss with them urgent problems of mutual interest. The Committee also notes that the ICFTU states that Mr. Oulatar had travelled to Gabon to gather information on important developments regarding freedom of association which had recently taken place in Gabon, including the establishment of a new trade union confederation, the Gabon Confederation of Free Trade Unions.
5. 188. The Committee notes that Mr. Oulatar was released after over five hours' detention thanks - according to the complainant - to pressure brought to bear by Gabonese trade unionists, and that he was able to continue his mission without interference from the authorities. The Committee emphasises that visits to affiliated national trade union organisations are a normal activity for international workers' organisations, subject to the provisions of national legislation with regard to the admission of foreigners (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 531).
6. 189. Consequently, the Committee requests the Government to undertake an investigation into this matter in order to elucidate the facts in full, determine responsibilities and prevent the repetition of such acts, and to keep it informed of the results of this investigation.

The Committee's recommendations

1. 190. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets the fact that the Government did not formulate comments or observations on the allegations brought against it in this matter.
   • (b) The Committee recalls that visits to national trade union organisations constitute a normal activity of international workers' trade union organisations subject to the provisions of national legislation with regard to the admission of foreigners. The Committee requests the Government to undertake an investigation into the arrest and detention on 29 August 1991 of Mr. Jean Oulatar, a staff member of the ICFTU, in order to elucidate the facts, determine responsibilities and prevent the repetition of such acts. It also requests the Government to keep it informed of the results of this investigation.