Informe provisional - Informe núm. 350, Junio 2008

Caso núm. 2621 (Líbano) - Fecha de presentación de la queja:: 28-OCT-07 - Cerrado

Allegation: The complainant alleges that the authorities interfered in the election of officials of the General Confederation of Lebanese Workers (CGTL)

1. 1222. The complaint is contained in a communication from the International Confederation of Arab Trade Unions (ICATU) dated 28 October 2007.
2. 1223. The Government sent its observations in a communication dated 4 February 2008.
3. 1224. Lebanon has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. The complainant’s allegations

1. 1225. In a communication dated 28 October 2007, the ICATU denounces the interference of the Ministry of Labour in the internal affairs of the General Confederation of Lebanese Workers (CGTL). The complainant alleges that this interference occurred during the elections of CGTL officials held on 21 June 2007 in the presence of an ICATU representative. An hour after the closure of the polls, the Executive Committee of the CGTL received an order by an urgent applications judge to suspend the elections on the basis of a complaint filed by two individuals, one of which was Mr Abd Allatif Al Tiriaki, Adviser to the Minister of Labour, who, according to the complainant, has no connection with the CGTL and was therefore in no position to exercise trade union authority or stand for election. He purported to be the president of the Trade Union Federation of Workers and Employees of the South and his sole objective, with the support of the authorities, was to hinder the activities of the CGTL.
2. 1226. The complainant adds that the same situation arose in 2005, when the same urgent applications judge issued the same decision to suspend the elections of CGTL representatives.
3. 1227. The complainant denounces the interference by the authorities in the internal affairs of the CGTL, which it considers to be a violation of the principles of freedom of association and of Conventions Nos 87 and 98. The complainant requests that the authorities recognize the results of the elections of CGTL officials held on 21 June 2007.

B. The Government’s reply

1. 1228. In a communication dated 4 February 2008, the Government denies the allegations of violation of the principles of freedom of association and interference in the internal affairs of the CGTL. The Government points out that the existence of a significant number of freely operating trade union organizations (675 unions and 70 central trade union organizations) demonstrates that it respects freedom to establish trade unions.
2. 1229. The Government indicates that it was simply carrying out supervisory functions during the elections held on 21 June 2007 and that the allegations of interference are not only unfounded, but are not based on any tangible evidence.
3. 1230. The Government indicates that Mr Abd Allatif Al Tiriaki was the president of a former trade union federation. He has never been a civil servant, either in the Ministry of Labour or in other departments.
4. 1231. The Government states that it has an open attitude towards unions and the different interests that they represent, including the CGTL. Furthermore, the Government indicates that it has never favoured any one interest over another. The Government adds that unions are free to settle their disputes using the available legal procedures.
5. 1232. With regard to the specific circumstances of the CGTL, the Government indicates that its history has been marked by several disputes between its members, which have had to be resolved through legal recourse every time. The Government, denying that the legal action of Mr Abd Allatif Al Tiriaki received the support of the authorities, indicates that the latter is not the only trade unionist to challenge the way in which the Executive Committee of the CGTL conducts its business. The allegations are aimed, according to the Government, more at disguising the Executive Committee’s shortcomings than at protecting workers’ rights.
6. 1233. Finally, the Government indicates that it is awaiting a judicial ruling on this dispute and undertakes to comply with any such ruling.

C. The Committee’s conclusions

1. 1234. The Committee notes that the complainant’s allegations relate to the interference by the authorities in the elections of officials of the CGTL.
2. 1235. The Committee notes that, according to the information it has received, elections for CGTL officials were held on 21 June 2007. These elections were conducted under the supervision of the authorities and in presence of a representative of the complainant, the ICATU. Shortly after the closure of the polls, the Executive Committee of the CGTL received an injunction order to suspend the elections.
3. 1236. The Committee notes that the complainant denounces interference by the authorities in the internal affairs of the CGTL, through the intervention of an individual presented as an adviser to the Minister of Labour. The Committee also notes that, according to the complainant, this is a recurring situation, the previous case of interference having occurred in elections of the same kind in 2005.
4. 1237. The Committee notes that the Government rejects the complainant’s allegations and states that these are not based on any tangible evidence. The Committee notes that, according to the Government, the individual who referred the case to the urgent applications judge, Mr Abd Allatif Al Tiriaki, is not a civil servant but a former trade unionist presented by the CGTL as a dissident for challenging the activities carried out by its officials. The Committee further notes that unionists are free to use the legal procedures available to them to settle their disputes and that the CGTL is accustomed to internal conflicts which have, in the past, been settled by the courts. Finally, the Committee notes the Government’s statement that no decision regarding the elections of 21 June 2007 has yet been issued by the courts and its commitment to comply with such a decision as soon as it is issued.
5. 1238. The Committee wishes to recall as a general principle that freedom of association implies the right of workers and employers to elect their representatives in full freedom. The right of workers’ organizations to elect their own representatives freely is an indispensable condition for them to be able to act in full freedom and to promote effectively the interests of their members. For this right to be fully acknowledged, it is essential that the public authorities refrain from any intervention which might impair the exercise of this right, whether it be in determining the conditions of eligibility of leaders or in the conduct of the elections themselves [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 388 and 391]. The Committee also recalls that, in cases where the results of trade union elections are challenged, such questions should be referred to the judicial authorities in order to guarantee an impartial, objective and expeditious procedure [see Digest, op. cit., para. 442]. The Committee is also of the opinion that, in order to avoid the danger of seriously limiting the right of workers to elect their representatives in full freedom, steps should be taken to ensure that court appeals against the results of union elections do not in practice – pending the outcome of the proceedings – paralyse the functioning of trade unions.
6. 1239. Bearing in mind the principles recalled above, the Committee requests the Government to ensure that the current legal proceedings do not in practice pose an obstacle to the functioning of the CGTL and the activities that it would like to carry out.
7. 1240. In addition, recalling that justice delayed is justice denied [see Digest, op. cit., para. 105], the Committee expects that a judicial decision will be made in the very near future regarding the elections of representatives of the CGTL and asks the Government to keep it informed of any decision and any follow up action taken in this regard.

The Committee's recommendations

1. 1241. In the light of its foregoing interim conclusions, the Committee requests the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to ensure that the current legal proceedings do not in practice pose an obstacle to the functioning of the CGTL and the activities that it would like to carry out.
   • (b) The Committee expects that a judicial decision will be made in the very near future regarding the elections of representatives of the CGTL and asks the Government to keep it informed of any decision and any follow up action taken in this regard.