Informe provisional - Informe núm. 226, Junio 1983

Caso núm. 1135 (Ghana) - Fecha de presentación de la queja:: 05-MAY-81 - Cerrado

1. 205. This case was previously examined by the Committee at its meeting in February 1983 when it presented an interim report to the Governing Body.
2. 206. Since its previous examination of the case the Government transmitted information in two communications dated 3 March 1983. In addition, one complainant organisation, the International Federation of Building and woodworkers, by a communication dated 3 May 1983, sent additional information in connection with the complaint.
3. 207. Ghana 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. 208. When it last examined this case the Committee noted that allegations had been made concerning anti-union repression - directly or indirectly by the Government - through the freezing of trade union bank accounts, the confiscation of trade union leaders' passports, the violent occupation of the TUC headquarters (which also house the headquarters of the national unions) and the arrest of at least ten general secretaries of the national unions (the names and posts of eight being supplied). The Committee further noted the Government's general statement that these events took place after the 31 December 1981 Revolution against a background of rank-and-file dissatisfaction with the union leadership in general.
2. 209. As regards the freezing of union bark accounts in February 1982, the Committee observed from the Government's reply that this was not a measure aimed solely at the trade union movement, but that all Ghanaians holding positions of trust - and some public institutions holding funds in trust - were subjected to the same treatment. Moreover, according to the Government, this was done to allow for investigation by legally constituted committees in the face of widespread corruption. Although the complainants did not amplify this allegation with further information showing that this measure was of a purely anti-union character, the Committee nevertheless requested the Government to indicate the steps that were being taken to release the assets and funds of those trade unions affected by these measures.
3. 210. The Committee noted the Government's explanation that the confiscation of union leaders' passports was an ancillary measure to the legal investigation of persons holding trust funds. It, accordingly, also requested the Government to supply more precise information on this aspect of the case.
4. 211. As regards the violent attack upon and occupation of the trade unions' headquarters, the Committee noted that, while the complainants alleged that the Government did not intervene to prevent these events, the Government claimed that it had acted immediately to protect life and property. The Committee noted from the information supplied by one of the complainants that this was not the first time that the trade unions' premises had been attacked or the personal security of trade union leaders threatened. Moreover, in view of the fact that it appeared that the ousted leadership had not been able to regain possession of the premises, the committee drew the Government's attention to the Resolution concerning trade union rights and their relation to civil liberties (adopted by the International Labour Conference at its 54th Session, 1970) which includes the right to protection of the property of trade union organisations as one of the civil liberties which is essential for the normal exercise of trade union rights. As the Government stated that free interim elections had taken place which would lead to full elections - probably after December 1982 - the Committee expressed the hope that genuine democratically elected leaders were, or would soon be, in possession of the headquarters. It requested the Government to state what measures were being, or would be taken, to restore these premises to the unions in question.
5. 212. Lastly, as regards the arrest of at least ten trade union leaders (including Mr. Kofi of the Railway and Engineering Workers' Union, Mr. Yankey of the Transport and Chemical/Petroleum Workers' Union, Mr. Ahiable of the Teachers' Union, Mr. Tevie of the Seamen's Union, Mr. Akoto of the Health Workers' Union, Mr. Asante of the Agricultural workers' Union, Mr. Adjei of the Electricity Corporation and Mr. Ntoah of the Private Road Transport Union), the committee noted that, according to information from one complainant dated July 1982, they were still on bail of 100,000 cedi each and obliged to report to the police every day. Or the other hand, the Committee noted that, according to the Government, these persons had never actually been arrested but had been offered protective custody - on police premises because of the shortage of staff available - which was immediately withdrawn once the tension had ceased. In view of these directly contradictory statements the Committee recalled that measures of preventive detention may involve a serious interference with trade union activities which it would seem necessary to justify by the existence of a serious situation or emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period. In view of the Government's statement that elections of free interim management committees had taken place, paving the way for further TUC elections which would be open to all interested workers ("subject only to disqualifications arising from offences against national laws"), the Committee requested the Government to confirm that the above-mentioned trade union leaders were free to carry on their activities and participate in trade union affairs. It requested the Government to inform it whether the elections that were to be held had actually taken place and, if so, to indicate whether the ousted TUC leadership mentioned by the complainants had been able to participate in them.
6. 213. In these circumstances, the Committee recommended the Governing Body to approve the following conclusions:
   • (a) As regards the allegations relating to the freezing of trade union bark accounts and the confiscation of the passports of trade union leaders the Committee requests the Government to indicate the steps that are being taken to release the assets and funds of the trade unions affected by these measures and to supply more precise information on the question of confiscated passports.
   • (b) As regards the violent attack upon and occupation of the trade unionist headquarters, the Committee draws the Government's attention to the Resolution concerning trade union rights and their relation to civil liberties, which includes the right to protection of the property of trade union organisations as one of the civil liberties which is essential far the normal exercise of trade union rights. It trusts that genuine democratically elected leaders are, or soon will be, in possession of the premises and requests the Government to state what measures are being, or will be taken, to restore the premises to the unions in question.
   • (c) Faced with contradictory statements regarding the alleged arrest of at least ten trade union leaders, the Committee would recall that measures of preventive detention may involve a serious interference with trade union activities. Since further free elections were to take place within the TUC, the Committee requests the Government to indicate whether all the trade union leaders, including those mentioned in paragraph 8 above, are free to carry on their trade union activities and have been able to participate in the trade union elections.

B. Further developments

1. 214. In two communications, both dated 3 March 1983, the Government states that, as regards the trade union elections, which have not yet been completed, eight national unions have elected their permanent officers, and that all interested trade unionists freely participated in those elections. Furthermore, adds the Government, in the eight national union elections conducted, four former general secretaries who were allegedly removed from office during the events of April 1982 not only participated in the elections but were elected to office as general secretaries of their unions. The elections for permanent officers of the remaining unions at the national level were due to be completed by 31 March 1983, and a National Delegates' Conference to elect permanent officers of the Trades Union Congress had been tentatively scheduled for 14, 15 and 16 April 1983. The Government also states that the bank accounts of the Trades Union Congress have been defrozen.
2. 215. Referring to the elections of the permanent officers of the Trades Union Congress the Government indicates its willingness to welcome an ILO mission to witness these elections.
3. 216. In its communication dated 3 May 1983 the International Federation of Building and Woodworkers (IFBWW) rejects the Government's claim that the 29 April 1982 attack on the TUC premises had nothing to do with a government decision. The IFBWW states that the mob that invaded the TUC headquarters and harassed the general secretaries of the TUC and their officials was led by the mobile van of the Government Information Services and the van's crew provided the attackers with public address systems.
4. 217. Those who organised and led the attack, states the IFBWW, operated from offices provided to them by the Government at the State House Buildings. There is also evidence, adds the IFEWW, of the broadcasting authorities having been instructed to debit a bill for a radio announcement of the group to the Government (the Provisional National Defence Council, the PNDC). The Government also provided the group with cars that had been seized from members of the public.
5. 218. The IFBWW adds that after the TUC headquarters had been taken over, the mob left some members behind to keep watch and to prevent the general secretaries or officials from re-entering the building. These "guards" were fed from the army mess (military kitchen). The food was brought in the official car of the Reverend Damoah, then a member of the PNDC. On occasion, army vehicles were used to transport the food.
6. 219. As regards the freezing of union bank accounts and the confiscation of trade union leaders' passports, the IFBWW states that the fact that the freezing of union assets and bank accounts followed a resolution adopted by the group which attacked the TUC headquarters suggests that the measure was directed against the TUC specifically. Moreover, the TUC is the only organisation whose assets and bank accounts have been frozen. All the other persons so affected are individuals: either businessmen suspected of tax evasion or public employees who, according to audit reports, committees of inquiry or police investigations, have embezzled state funds. Trade unionists are the only persons in a position of public trust whose assets have been frozen and passports confiscated before an investigation. The IFBWW doubts whether the confiscation of the passports can be seen as a purely ancillary measure to the legal investigation of persons holding funds. Charles Attah's passport was impounded already in February 1982.
7. 220. The IFBWW adds that the continued confiscation of the passports of trade union leaders and the failure of the authorities to discharge formerly detained leaders from the 100,000 cedi bail has hindered them from participating in the trade union elections on a free and equal basis. This obstacle has been compounded by the fact that the persons nominated to replace the ousted leadership kept their positions throughout the elections. Leaders, like Charles Attah, who had fled the country, could not participate in the elections and without their passports they could not ever return to their countries.
8. 221. The IFBWW states that it considers the question of the confiscated passports to be of central importance and that if the Government is really seeking reconciliation, it should be willing to return trade union leaders - who were elected to their positions - to their rights.
9. 222. The IFBWW adds that another matter that is giving rise to growing concern is the operation of the "workers defence committees" in the workplace. According to the IFBWW, these committees are elected by the workers, but they depend on the support they get from the authorities. Unlike trade union sections, they have direct access to the authorities. They can easily be used to undermine trade unions and their representatives.

C. The Committee's conclusions

1. 223. The Committee notes that, since it last examined this case, the Government has transmitted certain information on the various aspects of the case, and that additional information in connection with the allegations made has been submitted by one of the complainant organisations, the International Federation of Building and Woodworkers. The Government has not yet had an opportunity to respond to this latest information communicated by the IFBWW.
2. 224. As regards the allegations relating to the freezing of trade union bark accounts and the confiscation of the passports of trade union leaders, the Committee notes that the Government states that the bank accounts of the Trades Union Congress have now been released. The Government, however, has not supplied any information concerning the position of other unions, as well as trade union leaders, whose bank accounts were alleged to have been frozen, nor has any specific information been supplied as regards the confiscation of passports of a number of trade union leaders. The Committee, accordingly, requests the Government to supply detailed and precise information concerning the measures that are being taken, or are envisaged to release the bank accounts of those other trade union organisations and trade union leaders whose assets have been frozen. The Committee also requests the Government to inform it of the precise situation of those trade unionists whose passports were, and remain confiscated, and on those trade unionists who have been released on bail of 100,000 cedis. It expresses the firm hope that measures will be taken at an early date to regularise the situation of these trade unionists, some of whom have been unable to return to the country to participate in the current trade union elections.
3. 225. With regard to the elections that are presently being carried out by the various national trade unions, the Committee observes that, according to the Government, these have not yet been completed but that, to date, eight national unions have elected their permanent officers. In addition, out of these eight, four former general secretaries who were allegedly removed from office during the events of April 1982 were, in fact, elected as general secretaries of their respective unions. The Government has also stated that the elections in the remaining unions were due to be completed by 31 March 1983, and that a National Delegates' Conference to elect permanent officers to the Trades Union Congress was scheduled to take place in April 1983.
4. 226. The Committee requests the Government to inform it whether all of these elections have now taken place and to confirm whether all the former members of the TUC who were ousted following the events of April 1982, and who have remained in Ghana, as well as the ten trade union leaders mentioned in paragraph 212 above, were able to participate in these elections. More specifically, as regards these last-mentioned trade union leaders, the Committee repeats its request to the Government to indicate whether they are able to carry out their normal trade union activities and to supply precise information concerning their present legal status.
5. 227. As regards the alleged attack upon, and occupation of, the headquarters of certain trade unions, including the TUC, the Committee would repeat that it trusts that genuine and democratically elected leaders are, or soon will be, in possession of these premises. It requests the Government to provide information on the situation regarding these premises and to take steps to return these to the unions concerned, if this has not already been done.
6. 228. Finally, the Committee notes with interest the indication given by the Government that it would welcome an ILO mission to witness the elections on this point, the Committee considers that, order to reach conclusions on all the aspects of this case in full knowledge of the facts, and in view of the contradictory information supplied by the complainants and the Government on a number of the allegations made, it would be useful if a representative of the Director-General could visit the country and report to the Committee on the case as a whole. The Committee, accordingly, requests the Government to state whether it would be willing to receive an on-the-spot mission in Ghana by a representative of the Director-General who would submit a report on the case to the Committee prior to its next meeting.

The Committee's recommendations

• Recommendations of the Committee
  229. 229 The Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
       • (a) As regards the allegations relating to the freezing of trade union bank accounts and those of certain trade union leaders, the committee notes that, according to the Government, the bank accounts of the Trades Union Congress have been released; it requests the Government to supply detailed and precise information concerning the measures that are being taken, or are envisaged, to release the bank accounts of those other trade unions and trade union leaders whose assets were frozen.
       • (b) As regards the confiscation of the passports of a certain number of trade unionists, the Committee requests the Government to inform it of the precise situation of the trade unionists so affected; it expresses the firm hope that measures will be taken at an early date to regularise the situation of the trade unionists concerned, some of whom have been unable to return to the country to participate in the current trade union elections. The Committee also requests the Government to supply information on those trade unionists released on bail.
       • (c) With regard to the current elections, the Committee requests the Government to inform it whether all of these elections have now taken place and to confirm whether all the former members of the TUC who were ousted following the events of April 1982, and who have remained in Ghana, as well as the ten trade union leaders mentioned in paragraph 212 above, were able to participate in those elections; more specifically, the Committee requests the Government to indicate whether these ten trade union leaders are able to carry out normal trade union activities and to supply precise information concerning their legal status.
       • (d) As regards the alleged attack upon, and occupation of, the headquarters of certain trade unions, including the TUC, the Committee again trusts that genuine and democratically elected leaders are, or soon will be, in possession of these premises; it requests the Government to provide information on the situation regarding these premises and to take steps to return these to the unions concerned, if this has not already been done.
       • (e) The Committee requests the Government to transmit its observations on the latest information and allegations submitted by the International Federation of Building and Woodworkers.
       • (f) As regards the case as a whole, the Committee considers that, in order to reach conclusions in full knowledge of the facts, and in view of the contradictory information supplied by the complainants and the Government on a number of the allegations made, it would be useful if a representative of the Director-General could visit the country to examine the situation on the spot; it, accordingly, requests the Government to state whether it would be willing to receive a mission to Ghana by a representative of the Director-General who would submit a report on the case as a whole to the Committee prior to its next meeting, in particular on the following aspects of the case: the freezing of trade union assets and of those of certain trade union leaders, the confiscation of passports of certain trade union leaders and the situation of those on bail, the current trade union elections and the situation of trade union premises.