Report in which the committee requests to be kept informed of development - Report No 321, June 2000

Case No 2005 (Central African Republic) - Complaint date: 12-FEB-99 - Closed

Allegations: Arrest and detention of a trade union official; breaking into trade union premises; violation of the right to strike and the right to collective bargaining

• Allegations: Arrest and detention of a trade union official; breaking into trade union premises; violation of the right to strike and the right to collective bargaining
  119. 119 The Committee previously examined Case No. 2005 at its November 1999 meeting, when it submitted an interim report to the Governing Body (see 318th Report, paras. 172-187, approved by the Governing Body at its 276th Session (November 1999)).
  120. 120 As to Case No. 2056, the Democratic Organization of African Workers' Trade Unions (DOAWTU) submitted a new complaint alleging infringement of freedom of association in a communication dated 10 September 1999.
  121. 121 The Government sent its observations in communications dated 16 February and 14 March 2000.
  122. 122 The Central African Republic 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. Previous examination of Case No. 2005

1. 123. At its November 1999 session, and in the light of the Committee's interim conclusions, the Governing Body adopted the following recommendations:
   • (a) Deploring the Government's failure to provide any details concerning the procedures and reasons involved in Mr. Cole's arrest and detention, the Committee urges the Government to send its observations on these aspects of the case and to keep it informed of the development of the judicial case.
   • (b) Concerning the physical ill-treatment and torture allegedly inflicted on Mr. Cole, the Committee reaffirms that the Government should give precise instructions to the effect that no detainee should be subjected to ill-treatment and apply effective sanctions where cases of ill-treatment are found and urges the Government to set up an independent judicial inquiry and to send its observations concerning these allegations.
   • (c) Concerning the CNTC's allegations of violation of the right to strike and the right to collective bargaining and of forced entry into trade union premises, the Committee asks the Government to communicate without delay its observations on the CNTC's allegations as a whole.
   • (d) With respect to the allegations of the Government's refusal to negotiate in good faith on the matter of the wage backlog, the Committee requests the parties to provide detailed information concerning this aspect of the case.

B. Case No. 2056

1. 124. In a communication dated 10 September 1999, the DOAWTU alleges that since October 1993 the Government of the Central African Republic has accumulated several months of arrears in the payment of wages. Consequently, state teachers affiliated to the four trade union confederations - the National Central African Confederation of Workers (CNTC), the Central African Workers' Trade Union (USTC), the Central African Workers' Trade Union Confederation (CSTC) and the Central African Workers' Central Confederation (CCTC) - held a general assembly in October 1995 to demand the payment of their wages in arrears. Their demand was not met, and so the four confederations called a first strike at the end of 1995 and a second in April 1996. The complainant alleges that, in response to their strike notice, the Minister of Public Service and Employment threatened that sanctions would be imposed on any worker who went on strike without first providing evidence that he or she belonged to one of the four confederations. As no solution was found, the confederations opted for a boycott of the end-of-year examinations and for unlimited strikes.
2. 125. The complainant claims that, by way of reprisal, the Central African Government assigned certain teachers arbitrarily to new posts and suspended the salaries of more than 1,000 teachers. It mentions the cases of Louis-Marie Kogrengbo, Jules Nemandji, Xavier Balewanga, Blaise Vincent Yangue, Joseph Koyakoua and Fran(ois Kogonet, all of whom allegedly were the victims of acts of anti-union discrimination such as the suspension of their salaries or their assignment to one of the provinces. The complainant further claims that the Government recruited supply teachers to replace the permanent teachers who were on strike.
3. 126. Finally, the complainant alleges that on 7 May 1997 the home of the secretary-general of the CNTC was ransacked by unknown persons and that on 6 January 1999 the CNTC's headquarters were broken into by a platoon of the national gendarmerie.

C. The Government's reply

1. 127. In its communications of 16 February and 14 March 2000 the Government begins by stating that, with regard to Case No. 2005, it has suspended the judicial proceedings against Mr. Sony Cole in order to ease the social unrest, and that Mr. Cole was now in full possession of his civil liberties.
2. 128. Regarding Case No. 2056, the Government recalls that, although article 10 of the country's Constitution recognizes that all workers are entitled to join trade unions, only workers whose membership of a trade union complies with the texts governing it are entitled to participate in a strike called by a trade union. The Government therefore deplores the fact that, as soon as a strike is called, all workers take part in it including those who are not union members. The Government adds that, during the latest strike, a check of the Academic Inspectorates carried out by the Department showed that there were 1,000 teachers "on strike". However, their salary was never suspended even though some of them - who did not belong to any union confederation - were in an illegal situation.
3. 129. The Government goes on to explain that the educational system in the Central African Republic has been very short of staff since the introduction of the assisted voluntary departure programme, combined with the epidemic of AIDS that causes around 100 deaths among teachers at every level each year. In addition, a large number of teachers have left or refused to return to their posts, on the grounds that their assignment to the provinces is arbitrary. According to the Government, these teachers are encouraged in their attitude by the trade unions, which look upon an assignment to the provinces as a sanction; at the same time hundreds of schools have had to be closed or have only one teacher for all the subjects taught. The Government explains that parents are so tired of the situation that they have had to recruit teachers from among their number who do not have the requisite qualifications and that the standard of education has therefore been steadily declining. It stresses that it has never recruited supply teachers to replace teachers on strike; rather, it is the parent-teacher associations which at their general assemblies have taken the initiative to recruit these supply teachers so that the school year is not entirely wasted for their children.
4. 130. Regarding the payment of wages, the Government explains that most of the teachers who have been protesting for the past three years teach in the capital. They refuse to teach in the public schools, and yet many of them are working as supply teachers in private establishments while continuing to receive their salaries just like those who are working regularly. Moreover, the Government emphasizes that the non-payment of wages when they are due is not a deliberate policy of the Government but one of the many consequences of the three riots of 1996 and 1997 that have considerably weakened the country's economy. Finally, the Government asserts that it has always given priority to collective bargaining in disputes with the social partners and that, under a programme in which the ILO is involved, it is making every effort to promote social dialogue and tripartite cooperation.
5. 131. Regarding the alleged reprisals against certain public servants because of their trade union activities, the Government argues that taking objective decisions in the course of the normal functioning of the administration cannot be considered a reprisal. It goes on to provide the following information on the individuals mentioned by the DOAWTU: concerning Mr. Louis-Marie Kogrengbo, the Government states that his salary has been suspended since May 1998 and not 1997, and that the suspension is a consequence of his prolonged absence on strike - the Government considers that it is the responsibility of the trade union confederation that calls for a strike to pay the salaries of its members; concerning Mr. Nemandji, the Government states that his case cannot be assimilated to a reprisal since, as prefectural secretary, he has not been posted outside the prefecture whose jurisdiction he comes under; concerning Mr. Xavier Balewanga, the Government explains that his posting with the Academic Inspectorate was decided in accordance with Central African law, which stipulates that any public servant may be assigned to a new post depending on the requirements of each service; finally, concerning Mr. Koyakoua and Mr. Kogonet, the Government acknowledges that they are on the register of staff who are awaiting a posting but states that they are still receiving their salaries.
6. 132. Regarding the alleged ransacking of the home of the secretary-general of the CNTC, the Government states that no connection has been established between that occurrence and the secretary-general's membership of a trade union or trade union activity and that it is a common law matter that should have followed judicial procedure.

D. The Committee's conclusions

• Case No. 2005
  133. 133 The Committee recalls that it issued an interim report on Case No. 2005 at its November 1999 meeting [see 318th Report]. At the time the Committee had requested the Government to provide details concerning the reasons for Mr. Cole's arrest and to keep it informed of developments in the judicial procedure. While regretting the Government's failure to provide any such details on the reasons for Mr. Cole's arrest or on his alleged torture, the Committee notes the Government's statement that the judicial procedure against Mr. Cole has been suspended and that he is now in full possession of his civil liberties. The Committee nevertheless urges the Government once again to order an inquiry into the alleged torture inflicted on Mr. Cole and requests it to keep it informed of developments. In addition, the Committee regrets that, despite its express request, the complainant has provided no detailed information on the Government's alleged refusal to negotiate in good faith the matter of wages in arrears.
• Case No. 2056
  134. 134 Regarding the allegations concerning the violation of the right to strike and the right to collective bargaining, anti-union reprisals and breaking into trade union premises presented by the DOAWTU, the Committee notes that they are essentially the same as those cited by the CNTC in Case No. 2005.
  135. 135 Regarding the issue of the strikes in the education sector, the Committee notes that, following the non-payment of their wages, the teachers resorted to strike action in 1995 and 1996. The complainant further states that, because there was no apparent issue to the situation, the teachers opted for a boycott of the end-of-year examinations and for unlimited strikes. The Committee notes that, for its part, the Government has explained that there is a serious shortage of staff in the education system of the Central African Republic, partly owing to the AIDS epidemic which has undeniably had serious consequences for the economically active population of Africa. The Committee also notes the Government's statement that the non-payment of wages is directly related to the country's weakened economic situation following the riots that occurred in 1996-97. Finally, the Committee notes that, according to the Government, no supply teachers have been requisitioned to replace the permanent teachers on strike and that it is rather the students' parents who have taken the initiative to recruit teachers so that school years are not entirely wasted.
  136. 136 The Committee feels it must recall that, when it examined Case No. 2005, it observed that the right to strike by workers is a legitimate means of defending their interests and that, if a strike is legal, recourse to the use of labour drawn from outside the undertaking to replace the strikers entails a risk of derogation from the right to strike which may affect the free exercise of trade union rights. In this particular case, the Committee observes that, according to the Government, the striking teachers are still receiving their salaries and were replaced not as part of a deliberate government policy but rather by the students' parents who wanted to avoid the school years being completely wasted. Noting with some concern, however, that the social climate is continuing to deteriorate in the education sector, the Committee calls on the Government to take steps to re-establish genuine and constructive negotiations with the trade unions of the education sector and calls on the parties to make the necessary effort to reach an agreement that is satisfactory to all.
  137. 137 With regard to the alleged anti-union reprisals against the striking teachers, the Committee notes that the Government denies these allegations and argues that taking decisions in the course of the normal functioning of the administration cannot be considered a reprisal. The Committee observes, however, that the Government recognizes that Mr. Kogrengbo's salary has been suspended ever since May 1998 and that the suspension is a consequence of his prolonged absence on strike. It also notes that the Government provides no information on Mr. Blaise Vincent Yangue, although it does recognize that Mr. Nemandji, Mr. Balewanga, Mr. Koyakoua and Mr. Kogonet have either been given, or are awaiting, a new posting. The Committee recalls once again in this connection that no one should be penalized for calling for a legitimate strike. Moreover, protection against anti-union discrimination must cover not only dismissal but also any discriminatory measure imposed in the course of a person's employment and, in particular, transfers, demotions and other detrimental acts. The Committee reminds the Government that it is responsible for preventing all acts of anti-union discrimination and that it must ensure that complaints of anti-union discrimination are examined in the framework of national procedures which should be prompt, impartial and considered as such by the parties concerned (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 590 and 738). The Committee therefore requests the Government to ensure that the persons concerned have access to such procedures and, should it be found that they have been subjected to acts of anti-union discrimination, to take all necessary steps to remedy the situation. The Committee requests the Government to keep it informed of developments.
  138. 138 Regarding the allegations that the home of the secretary-general of the CNTC was broken into by persons unknown and the organization's headquarters by the police, the Committee deeply regrets that the Government has only provided information on the first allegation, merely indicating that it was a common law matter that should have followed normal judicial procedure. The Committee recalls that attacks carried out against trade union premises and threats against trade unionists create among the latter a climate of fear which is extremely prejudicial to the exercise of trade union activities and that the authorities, when informed of such matters, should carry out an immediate investigation to determine who is responsible and punish the guilty parties (see Digest, op. cit., para. 179). The Committee urges the Government to order such an investigation and requests it to keep it informed of developments.

The Committee's recommendations

1. 139. In the light of the foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again urges the Government to order an inquiry into the alleged torture of Mr. Sony Cole and requests it to keep it informed of developments.
   • (b) Expressing its concern at the deterioration of the social climate in the education sector in the Central African Republic, the Committee calls on the Government to take steps to re-establish genuine and constructive negotiations with the trade unions of the education sector and calls on the parties to make the necessary effort to reach an agreement that is satisfactory to all.
   • (c) Regarding the alleged acts of anti-union discrimination, the Committee calls on the Government to ensure that the teachers identified by the complainant have access to prompt and impartial procedures and, should it be found that they have been subjected to acts of anti-union discrimination, to take all necessary steps to remedy the situation. The Committee requests the Government to keep it informed of developments.
   • (d) Concerning the allegations that the home of the secretary-general of the CNTC and the organization's premises were broken into, the Committee urges the Government to order an inquiry to determine who was responsible and punish the guilty parties, and to keep it informed of developments.