Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 299, Juin 1995

Cas no 1803 (Djibouti) - Date de la plainte: 13-OCT. -94 - Clos

1. 329. The complaint in this case is contained in a communication from the International Confederation of Free Trade Unions (ICFTU) dated 13 October 1994.
2. 330. Due to the absence of reply from the Government regarding the allegations, the Committee has had to twice defer the examination of this case. At its March 1995 meeting the Committee drew the Government's 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 at its 184th Session (November 1991), it would present a report on the substance of this case at its next meeting, even if the observations or information requested had not been received in due time (see 297th Report, approved by the Governing Body at its 262nd Session (March 1995), para. 11). To date, no information has been received from the Government.
3. 331. Djibouti has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• The complainant's allegations
  332. 332 In a communication dated 13 October 1994 the International Confederation of Free Trade Unions (ICFTU) alleges that on 4 October 1994 the police searched, without a warrant, the new headquarters of the Democratic Workers' Union (UDT), the national trade union centre of the Republic of Djibouti, whose legal personality had been officially recognized by the Government. The authorities sealed off the door to the trade union premises and posted a police guard there. The complainant organization adds that the chairman and the deputy Secretary-General of the trade union organization, Mr. Ahmed Djama Egueh and Mr. Mohamoud Boulaleh, were arrested during the search and detained at a police station, then later released on the same day. Lastly, the complainant organization states that in connection with these events a trade unionist was assaulted by the police.

B. The Committee's conclusions

1. 333. Firstly, the Committee deeply regrets that the Government has not communicated a reply to the serious allegations brought against it, despite the time which has elapsed since the presentation of the complaint and despite the fact that it was invited to make comments and observations on several occasions, including by means of an urgent appeal.
2. 334. Under these circumstances, and in accordance with the applicable rule of procedure (see paragraph 17 of the 127th Report, approved by the Governing Body at its 184th Session (November 1971)), the Committee finds itself obliged to submit a report on the substance of this case even without the information it had hoped to receive from the Government.
3. 335. The Committee reminds the Government that the purpose of the whole procedure is to ensure respect for trade union rights, both in law and in fact. The Committee is convinced that while this procedure protects governments against unreasonable accusations, they must for their part recognize the importance of formulating detailed and factual replies concerning the substance of the allegations brought against them in order to permit an objective examination (see first Report, para. 31, approved by the Governing Body in March 1952).
4. 336. The Committee observes that the allegations refer to the search of the headquarters of the Democratic Workers' Union (UDT) - and to the subsequent sealing off of the entrance to the premises and the posting of a police guard - and also to the arrest of two trade union leaders (who were released on the same day) and to a physical assault on a trade unionist during the search.
5. 337. With regard to the search of the headquarters of the Democratic Workers' Union (UDT) by the police, and the subsequent sealing off of the entrance and the posting of a police guard, the Committee draws the Government's attention to the fact that "any search of trade union premises, (...) without a court order, constitutes an extremely serious infringement of freedom of association" (see 286th and 288th Reports, Cases Nos. 1273, 1441, 1494 and 1524 (El Salvador), paras. 342 and 32). Not being able to verify in this case whether there was a court order, the Committee urges the Government to take the necessary measures to allow members free access to the headquarters of the trade union organization (UDT) and to immediately withdraw the police guard.
6. 338. With respect to the arrest of the chairman and the deputy Secretary-General of the UDT, Mr. Ahmed Djama Egueh and Mr. Mohamoud Boulaleh, whilst it notes that the complainant organization states that these persons were released on the same day that they were detained, the Committee draws the Government's attention to the principles whereby "the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of (...) freedom of association" (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 88) and that "the arrest and detention of trade unionists without any charges being laid, or court warrants being issued (...) constitutes a serious violation of trade union rights" (see 284th Report, Case No. 1642 (Peru), para. 986). The Committee regrets the arrest of the two trade union leaders and urges the Government to respect the above-mentioned principles in the future. Furthermore, if legal proceedings are under way in connection with the detention of the two trade union leaders in question, the Committee requests the Government to keep it informed in this respect.
7. 339. As for the physical assault on a UDT trade unionist, the Committee reminds the Government that when examining allegations of this nature on other occasions it has considered that in the event of assaults on the physical integrity of individuals, an independent judicial inquiry should immediately be instituted, with a view to clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts (see 268th Report, Case No. 1341 (Paraguay), para. 378). The Committee requests the Government to institute a judicial inquiry, unless it has already done so, regarding this alleged act of violence and to inform it of the outcome.
8. 340. Lastly, on a more general note, the Committee draws the Government's attention to the fact that "trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists, and that it is for governments to ensure that this principle is respected" (see 283rd Report, Case No. 1538 (Honduras), para. 256 and 286th Report, Case No. 1690 (Peru), para. 472). The Committee expresses the firm hope that the Government will take all measures within its power to ensure respect for this principle.

The Committee's recommendations

1. 341. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets deeply that the Government has not communicated a reply to the serious allegations brought against it despite the fact that it has been invited to do so on several occasions.
   • (b) Calling the Government's attention to the fact that any search of trade union premises without a court order constitutes an extremely serious infringement of freedom of association, the Committee urges the Government to take the necessary measures to allow members free access to the headquarters of the trade union organization (UDT) and to immediately withdraw the police guard.
   • (c) Deploring the arrest of the trade union leaders, Mr. Ahmed Djama Egueh and Mr. Mohamoud Boulaleh, the Committee urges the Government to refrain in future from arresting trade union leaders in connection with their legitimate trade union activities. Furthermore, if legal proceedings are under way in connection with the arrest of the two trade union leaders in question, the Committee requests the Government to keep if informed in this respect.
   • (d) With regard to the physical assault on a UDT trade unionist during the search of the headquarters of the trade union organization, the Committee requests the Government to take the necessary measures to institute a judicial inquiry, unless it has already done so, with a view to clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts. The Committee requests the Government to inform it of the outcome of this inquiry.
   • (e) Drawing the Government's attention to the fact that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists, and that it is for governments to ensure that this principle is respected, the Committee expresses the firm hope that the Government will take all measures within its power to ensure respect for this principle.