Interim Report - REPORT_NO66, 1963

CASE_NUMBER 194 (United Kingdom of Great Britain and Northern Ireland) - COMPLAINT_DATE: 17-FEB-59 - Closed

1. 385. The Committee has already submitted a number of interim reports on the case to the Governing Body. At its May 1962 meeting it submitted to the Governing Body the recommendations contained in paragraph 33 of its 64th Report, which reads as follows:
2. 33. In all the circumstances the Committee recommends the Governing Body:
   • (a) to draw attention once again to the importance which the Governing Body attaches to the principle that appeals against the refusal or cancellation of the registration of - organisations by trade union registrars should lie to the courts;
   • (b) to note the statement by the Government of the United Kingdom that the Government of Singapore realised the importance of ensuring observance of Article 2 of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), and will take appropriate measures as soon as the position in Singapore has improved;
   • (c) to express the hope that measures will be taken without delay to ensure full application of the Convention in Singapore in accordance with the principle enunciated in subparagraph (a) above;
   • (d) to request the Government of the United Kingdom once again to keep the Governing Body informed as to further developments in this connection;
   • (e) to bring the above conclusions to the notice of the I.L.O. Committee of Experts on the Application of Conventions and Recommendations;
   • (f) to draw attention yet again to the importance which the Governing Body attaches to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which a government considers have no relation to their trade union functions;
   • (g) to draw attention once again to its view that a situation in which two of the 19 trade unionists arrested in Singapore as long ago as 1958 have not yet been brought to trial is incompatible with the generally accepted principle enunciated in subparagraph (f) above;
   • (h) to request the Government once again to state as a matter of urgency, having regard to the above principle, what steps it intends to take to afford a fair trial at an early date to the two trade unionists in question or, alternatively, whether their early release is contemplated.
3. 386. The 64th Report of the Committee was adopted by the Governing Body on 1 June 1962, in the course of its 152nd Session. The recommendations and requests for further information contained in paragraph 33 thereof were brought to the notice of the Government of the United Kingdom by a letter dated 6 June 1962. The Government of the United Kingdom furnished further observations by a letter dated 7 August 1962.
4. 387. The Government of the United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), and has declared its provisions to be applicable without modification to Singapore.

A. A. The complainants' allegations

• Allegations relating to the De-registration of Trade Unions
  388. 388 The original allegations were fully analysed in paragraphs 125 to 141 of the Committee's 52nd Report. Subsequently the Committee gave further consideration to certain legal aspects of the legislation of Singapore especially in connection with the question of the cancellation of the registration of trade unions. These matters were examined at length in paragraphs 460 to 469 of its 58th Report, in paragraphs 165 to 176 of its 60th Report and in paragraphs 29 to 31 of its 64th Report. The Committee then made to the Governing Body the recommendations with regard to this aspect of the case which are contained in paragraph 33 (a), (b), (c), (d) and (e) of its 64th Report cited in paragraph 385 above.
  389. 389 In its letter dated 7 August 1962 the Government of the United Kingdom declares that the Government of Singapore requests that it should be made known to the Committee that it realises the importance of ensuring the observance of Article 2 of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), and will take appropriate measures as soon as the position in Singapore has improved.
  390. 390 The Committee observes that this statement is an exact repetition of the previous statements noted in paragraph 467 of the Committee's 58th Report, in paragraph 175 of its 60th Report and in paragraph 29 of its 64th Report.
  391. 391 In these circumstances the Committee recommends the Governing Body:
       • (a) to draw attention once again to the importance which the Governing Body attaches to the principle that appeals against the refusal or cancellation of the registration of organisations by trade union registrars should lie to the courts;
       • (b) to note the statement by the Government of the United Kingdom that the Government of Singapore realises the importance of ensuring the observance of Article 2 of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), and will take appropriate measures as soon as the position in Singapore has improved;
       • (c) to express its regret, however, that this statement simply repeats the statements made on three previous occasions and, therefore, gives no indication of any progress having been made towards giving effect to the principles already expressed in this connection by the I.L.O. Committee of Experts on the Application of Conventions and Recommendations and the Governing Body;
       • (d) to express the hope once again that measures will be taken without delay to ensure full application of the Convention in Singapore in accordance with the principle enunciated in subparagraph (a) above;
       • (e) to request the Government of the United Kingdom once again to keep the Governing Body informed as to further developments in this connection.
  392. 392 In connection with the factual allegations relating to the de-registration of trade unions in Singapore which, as indicated in paragraph 388 above, were examined by the Committee in its 52nd Report, there have been certain further developments.
  393. 393 One of the trade unions referred to in those allegations as having been de-registered in 1958 was the Malayan National Seamen's Union. In paragraph 131 of its 52nd Report, the Committee noted an observation by the Government, in a letter dated 28 October 1959, that the trade union in question had appealed successfully to the Minister of Labour and Welfare of Singapore and had regained its certificate of registration.
  394. 394 On 7 and 13 June and 7 August 1962 the President of the Malayan National Seamen's Union addressed certain communications to the I.L.O in which he contends that this union's certificate of registration was again cancelled on 20 January 1960, that an appeal by way of certiorari was instituted and failed, following which the President of the union was adjudicated bankrupt in respect of the costs of the proceedings. This procedure of certiorari in Singapore has already been the subject of examination by the Committee, following which examination the Committee, in paragraph 182 (b) of its 60th Report, recommended the Governing Body " to note the admission of the Government of Singapore, conveyed by the Government of the United Kingdom, that the procedure of certiorari in Singapore does not constitute a full right of appeal to the courts ". These communications, which were accompanied by considerable documentation, consisting largely of copies of documents drawn up in the course of the legal proceedings, have been transmitted to the Government of the United Kingdom for its observations.
  395. 395 In these circumstances the Committee requests the Government to forward the observations in question and recommends the Governing Body to take note of its present interim report with regard to the allegations relating to the second de-registration of the Malayan National Seamen's Union and to ensuing legal proceedings, it being understood that the Committee will report further thereon when it has received the Government's observations.
• Allegations relating to Detentions and Arrests of Trade Unionists
  396. 396 These allegations have been examined by the Committee in its earlier reports on this case, the last recommendations made by the Committee to the Governing Body thereon being those contained in paragraph 33 (f), (g) and (h) of its 64th Report cited in paragraph 385 above.
  397. 397 In its letter dated 7 August 1962 the Government of the United Kingdom states that one further trade unionist was released from detention on 12 June 1962. It would appear, therefore, that one of the 19 trade unionists concerned in the original allegations is still detained.
  398. 398 The Committee, therefore, makes once again to the Governing Body, so far as the trade unionist still in detention is concerned, the recommendations which it made in its 64th Report.

The Committee's recommendations

1. 399. In all the circumstances the Committee recommends the Governing Body:
   • (a) to draw attention once again to the importance which the Governing Body attaches to the principle that appeals against the refusal or cancellation of the registration of organisations by trade union registrars should lie to the courts;
   • (b) to note the statement by the Government of the United Kingdom that the Government of Singapore realises the importance of ensuring the observance of Article 2 of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), and will take appropriate measures as soon as the position in Singapore has improved;
   • (c) to express its keen regret that this statement simply repeats the statements made on three previous occasions and, therefore, gives no indication of any progress having been made towards giving effect to the principles already expressed in this connection by the I.L.O. Committee of Experts on the Application of Conventions and Recommendations and the Governing Body;
   • (d) to express the hope once again that measures will be taken without delay to ensure full application of the Convention in Singapore in accordance with the principle enunciated in subparagraph (a) above;
   • (e) to request the Government of the United Kingdom once again to keep the Governing Body informed as to further developments in this connection;
   • (f) to draw attention yet again to the importance which the Governing Body attaches to the principle of prompt and fair trial by an independent and impartial judiciary in all - cases, including cases in which trade unionists are charged with political or criminal offences which a government considers have no relation to their trade union functions;
   • (g) to take note of the Government's statement that one more of the detained trade unionists was released on 12 June 1962;
   • (h) to draw attention once again to its view that a situation in which one of the 19 trade unionists arrested in Singapore as long ago as 1958 has still not yet been brought to trial is incompatible with the generally accepted principle enunciated in subparagraph (f) above;
   • (i) to request the Government once again to state as a matter of urgency, having regard to the above principle, what steps it intends to take to afford a fair trial at an early date to the trade unionist still in detention or, alternatively, whether his early release is contemplated;
   • (j) to take note of the Committee's present interim report with regard to the allegations relating to the second de-registration of the Malayan National Seamen's Union and to ensuing legal proceedings, it being understood that the Committee will report further to the Governing Body when the Government's observations thereon have been received.