Rapport intérimaire - Rapport No. 214, Mars 1982

Cas no 1040 (République centrafricaine) - Date de la plainte: 25-MAI -81 - Clos

1. 585. The Committee has already examined this case at its November 1981 Session at which it presented an interim report to the Governing Body. Since then, the Government has sent further observations in a communication dated 23 December 1981.
2. 586. The Central African Republic has ratified the Freedom of Association and Protection of the light to Organise Convention, 1948 (No. 87), and the light to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 587. The complaint presented in this case related mainly to the administrative dissolution of the General Union of Central African Workers (UGTC). It also concerned the occupation of the UGTC's premises, the freezing of its assets and the censorship imposed on it, as well as the dismissal of four persons, other disciplinary measures taken against them, and the threats of deportation made against Mr. Banga Bilim.
2. 588. The complainants had explained that the UGTC, a trade union organisation affiliated to the ICFTU, with 15,000 members, had been dissolved by a Presidential Decree of 16 May 1981.
3. 589. In addition to its own dissolution by administrative authority, the UGTC alleged that 48 hours earlier a new central trade union organisation, the National Confederation of Central African Workers (CNTC), had been recognised by the Government.
4. 590. The UGTC explained that on 15 May 195901, after due notice had been given, it called a general strike throughout the private sector following vain attempts at collective bargaining with the Government and the employers. The Government had, according to the Union, rejected the list of grievances presented by the workers on the occasion of May Day, whereas the list contained demands relating for the most part to the working conditions of all wage earners.
5. 591. On 16 May 1981, the day after the strike had been called, the President of the Republic dissolved the organisation by decree, on the grounds of its alleged uncompromising attitude in the negotiations with the employers and the Government, its alleged secret dealings abroad and its illegality.
6. 592. More recently, the UGTC had also alleged the dismissal or suspension of a certain number of trade unionists and attached to its communication a ministerial order of 23 May 1981 suspending four senior officials, Messrs. Possiti, Gallo, Mamadou Sabo and Sakouma for neglect of duty, and a memorandum from the Director of Education relieving Mr. Solamosso, a school headmaster, of his duties. It also enclosed a note from the ministry ordering the Director-General of the National Savings Bank of Central Africa to block the account of the UGTC.
7. 593. The Government confirmed that the UGTC had been dissolved but explained that, in its opinion, the general strike of 15 May 1981 had no connection with the working conditions of wage earners; the excuse that was seized on to call the strike was an ordinary court case. Moreover, the Government went on there would have been little support for the strike in question because of its political nature. It affirmed that it had dissolved the UGTC, which was exercising a trade union monopoly, in order to allow the Central African workers freely to create the trade unions of their own choice.
8. 594. At its November 1981 Session, the Governing Body, on the Committee's recommendation, noted with concern that the General Union of Central African workers had been dissolved by administrative authority. It recalled the principles relating to the dissolution of organisations and expressed the firm hope that the Government would, as a matter of priority, rescind the administrative measures by which the UGTC had been dissolved. It therefore requested the Government to keep it informed of developments in the situation.
9. 595. With regard to the allegations concerning the occupation of the premises, the freezing of the assets and the censorship imposed on the UGTC, as well as the allegations of dismissals or suspension of workers mentioned by the complainants, it asked the Government to communicate its observations on these aspects of the case and to keep it informed of any measures that might be taken.

B. The Government's reply

1. 596. In its communication of 23 December 1981, the Government reiterates that the UGTC was dissolved to allow workers the freedom to join or not to join, a trade union of their choice. The Government would not in any circumstances compel a category of workers to join a trade union, it goes on, explaining that since the dissolution of the UGTC several groups of affiliated trade unions have been organised by the workers themselves: the National Confederation of Central African Workers (CNTC), the Central African Confederation of Free Trade Unions (CCSL) and the Central African Federation of Labour (FCT).
2. 597. Regarding the blocking of the UGTC's bank accounts, the Government states that, in doing so, it took measures to safeguard the workers' assets. The Bangui court of first instance is now making an inventory of the assets of the former union and will decide how they are to be allocated to organisations pursuing the same ends.
3. 598. Regarding the suspension of certain officials, the sanctions applied were disciplinary measures taken against senior administrative officials found guilty of dereliction of duty. Such professional misconduct constitutes lawful grounds for terminating their contract of employment, the Government concludes.
4. 599. Regarding the former permanent representative of the UGTC, Banga Bilim, who was allegedly threatened with deportation, the Government merely states that this person was on leave and that the accusation is groundless.

C. The Committee's conclusions

1. 600. The Committee notes that since the events referred to in the complaint, three central trade union organisations have been established. It also observes that the Bangui court of first instance is to decide on the transfer of the assets of the former UGTC to organisations pursuing the same ends.
2. 601. The Committee observes that it is not clear from the Government's reply whether one of these organisations corresponds, as far as its aims and international affiliation are concerned, to the former UGTC. In this connection, the Committee recalls that the workers who had belonged to the UGTC should, if they wish, be able to set up once again an organisation of their own choosing carrying on from the UGTC, provided of course that its by-laws conform with the law and do not attempt to establish any trade union monopoly.
3. 602. The Committee takes note of the information supplied by the Government on the other allegations, in respect of which there does not appear to have been any infringement of the principles of freedom of association.

The Committee's recommendations

1. 603. In these circumstances, the Committee recommends the Governing Body to approve this interim report, in particular the following conclusions:
   • (a) Regarding the dissolution of the UGTC, the Committee recalls that trade union organisations should not be dissolved by administrative authority and that the workers who had belonged to the UGTC - who so wish - should be able to set up once again an organisation of their own choosing to carry on from the dissolved organisation. The Committee would therefore be grateful if the Government would supply information on the three new central trade union organisations, in particular on their by-laws and international affiliation if any.
   • (b) Concerning the transfer of the assets of the former UGTC, the Committee requests the Government to send it a copy of the judgment of the Bangui court of first instance when it has been handed down.