Report in which the committee requests to be kept informed of development - Report No 316, June 1999

Case No 1988 (Comoros) - Complaint date: 05-OCT-98 - Closed

Allegations: Arrest of trade union officers

1. 379. The Organization of African Trade Union Unity (OATUU) submitted a complaint in a communication dated 5 October 1998.
2. 380. In the absence of a reply from the Government, the Committee postponed the examination of this case on two occasions. At its March 1999 meeting (see 313th report, para. 9), the Committee addressed an urgent appeal to the Government, drawing its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th report, approved by the Governing Body, it might present a report on the substance of this case at its next meeting if the Government's information and observations are not received in due time.
3. 381. Comoros 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. 382. In its communication of 5 October 1998, the OATUU denounces violations of trade union rights and the free exercise of the right to organize. In particular, it reports the arbitrary arrest of four officers of the Union of Autonomous Trade Unions of Workers of Comoros (USATC) on 10 September 1998.
2. 383. According to the complainant, Ibouroi Ali Tabibou, Abdérémane Mohamed Saïd, Mad Ali and Mdjomba Moussa, trade union officers of the USATC, were arrested solely because they had addressed an open letter to the President of the Republic of Comoros and had organized two days behind closed doors for all workers employed in the state administration. The complainant states that these actions were aimed solely at obtaining the payment of 17 months of arrears in wages owed to Comorian workers.

B. The Committee's conclusions

1. 384. The Committee deplores the fact that, despite the time which has elapsed since the presentation of the complaint and bearing in mind the gravity of the facts alleged, the Government has not replied to any of the allegations raised by the complainant although it was invited to provide comments and observations on several occasions, including by means of an urgent appeal.
2. 385. In these circumstances, and in accordance with the applicable rule of procedure (see 127th report of the Committee, para. 17, approved by the Governing Body at its 184th Session), the Committee is obliged to submit a report on the substance of this case in the absence of the information it had hoped to receive from the Government.
3. 386. The Committee reminds the Government firstly that the purpose of the procedure instituted by the International Labour Organization to examine allegations concerning violations of freedom of association is to ensure respect for trade union rights in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side will recognize the importance of formulating for objective examination detailed factual replies concerning the substance of the allegations brought against them (see first report of the Committee, para. 31).
4. 387. The Committee observes that the allegations concern the arrest of four officers of the Union of Autonomous Trade Unions of Workers of Comoros, Ibouroi Ali Tabibou, Abdérémane Mohamed Saïd, Mad Ali and Mdjomba Moussa. The Committee notes further that the complaint does not specify the period for which the trade union officers were detained or whether judicial proceedings have been instituted against them.
5. 388. The Committee recalls firstly that the detention of trade union leaders or members for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 71).
6. 389. In the absence of a reply from the Government and specific factual information from the complainant concerning the circumstances of the arrests, the Committee can only stress the importance it attaches to the principle that all arrested persons should be subject to normal judicial procedure in accordance with the principles enshrined in the Universal Declaration of Human Rights, and in accordance with the principle that it is a fundamental right of the individual that a detained person should be brought without delay before the appropriate judge, this right being recognized in such instruments as the International Covenant on Civil and Political Rights (see Digest, op. cit., para. 97). Finally, the Committee urges the Government, if it has not yet been done, to release the four trade union officers of the USATC without delay if it is found that they were arrested for reasons connected with the exercise of their trade union rights. The Committee requests the Government to keep it informed in this regard.

The Committee's recommendations

1. 390. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Considering that the detention of trade union leaders for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular, the Committee urges the Government, if it has not yet been done, to release the four trade union officers of the USATC without delay if it is found that they were arrested for trade union reasons, and requests the Government to keep it informed in this regard.