Definitive Report - Report No 371, March 2014

1. 538. The Committee last examined this case at its meeting in March 2013 and on that occasion submitted an interim report to the Governing Body [see 367th Report, approved by the Governing Body at its 317th Session (March 2013), paras 784–813].
2. 539. The Government sent its observations in a communication dated 31 May 2013.
3. 540. Guinea 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 the case

1. 541. During its previous examination of the case, in March 2013, the Committee made the following recommendations [see 367th Report, para. 813]:
   • (a) The Committee regrets that the Government has not replied to the complainant’s allegations, even though it has been requested several times, including through an urgent appeal, to present its comments and observations on this case. The Committee urges the Government to be more cooperative in the future.
   • (b) The Committee urges the Government to indicate the results of any inquiry conducted further to the complaint against persons unknown for the attempted murder of the general secretary of the CNTG and to indicate the outcome of the complaint lodged following the attack on the headquarters of the organization.
   • (c) The Committee urges the Government to send information on any judicial or other action taken to follow up on the decision of the labour tribunal concerning the dispute within the CNTG.
   • (d) The Committee expects that the Government will maintain an attitude of complete neutrality with regard to internal disputes within a trade union organization until such time as they are settled through mediation or by the competent judicial authority.

B. The Government’s response

1. 542. In a communication dated 31 May 2013, the Government states that it has understood the seriousness of the situation described by the complainant organization and reports on the measures taken to deal with it.
2. 543. The Government states that, following the complaint against persons unknown for attempted murder, filed by the General Secretary of the National Confederation of Workers of Guinea (CNTG), Mr Amadou Diallo, inquiries have been conducted by the police and judicial authorities. In the meantime, Mr Diallo and his family have been provided with enhanced protection, pending the outcome of the inquiries.
3. 544. Furthermore, as regards the Labour Exchange, which is at the CNTG’s headquarters, the Government states that it has taken the necessary measures to secure access for union officials and workers.
4. 545. Finally, the Government states that the labour tribunal judgment of 16 December 2011, which invalidated the two CNTG congress elections, has been annulled by the Supreme Court, and that, in order to return to constitutional order in the country, it has undertaken a series of reforms to equip the country with a permanent framework for dialogue. To this end, the Government indicates that it will focus on the dialogue it is conducting with the national employers’ and workers’ organizations, in particular the CNTG, led by its General Secretary, Mr Amadou Diallo.

C. The Committee’s conclusions

1. 546. The Committee recalls that this case, which results from a complaint by the International Trade Union Confederation (ITUC), relates to serious obstacles to the exercise of the CNTG’s activities, in particular the invalidation of an election held at the end of its 16th Congress, the attempted murder of its General Secretary and the attack on its premises.
2. 547. The Committee notes the information provided by the Government on the measures taken concerning the obstacles to the exercise of trade union rights. The Committee recalls that the CNTG held its 16th Congress on 24 September 2011 in the presence of observers from regional and national trade union organizations, and elected a team of officials under the leadership of a general secretary, Mr Amadou Diallo. All the observers confirmed that the Congress ran smoothly. The outcome of the statutory congress was, however, challenged by a group of dissidents which called another congress and brought the case before the courts. In a judgement handed down on 11 December 2011, the labour tribunal to which the case was referred decided to invalidate the two congress elections. The decision therefore brought the CNTG’s activities to a standstill. The Committee notes the Government’s statement that the labour tribunal’s judgment was annulled by the Supreme Court and understands from the Government’s statement that the Government now recognizes the officers elected by the statutory congress, under the leadership of Mr Amadou Diallo, as the CNTG’s lawful representatives. The Committee welcomes this information.
3. 548. Moreover, the Committee had noted with great concern the attack by armed individuals on Mr Diallo’s home, on 8 October 2011, during which Mr Diallo was seriously injured. The Committee had also noted with serious concern the attack on the CNTG’s headquarters, on 17 October 2011, by armed assailants who wounded seven people and caused considerable damage to property. The Committee notes the Government’s statement according to which, following the complaint against persons unknown for attempted murder, filed by Mr Amadou Diallo, inquiries were conducted by the police and justice authorities, and Mr Diallo and his family have been provided with enhanced protection, pending the outcome of the inquiries. Furthermore, the Committee notes that the Government states that it has taken the necessary measures to secure access to the Labour Exchange, which is at the CNTG’s headquarters, for union officials and workers. Taking into account the information provided by the Government, the Committee requests the Government to furnish details of the outcome of the inquiries conducted into the attempted murder of the CNTG’s General Secretary, Mr Amadou Diallo, and into the attack on the organization’s headquarters.