Interim Report - Report No 85, 1966

Case No 365 (Democratic Republic of the Congo) - Complaint date: 19-OCT-63 - Closed

1. 461. This case was first examined by the Committee at its meeting in June 1964, when it submitted an interim report to the Governing Body in paragraphs 354 to 367 of its 76th Report, which was approved by the Governing Body at its 159th Session (June-July 1964).

A. A. The complainants' allegations

1. 462. It was alleged that on 15 October 1963, while on a tour of inspection of the local sections of the complaining organisation, its National President, Mr. Raymond Beya, was arbitrarily arrested and imprisoned. In its observations contained in communications dated 3 January and 12 February 1964 the Government stated that Mr. Beya had been sentenced in virtue of a judgment made in due form by the police court at Butembo on 17 October 1963. In the communication dated 3 January 1964 the Government declared that he was at liberty.
2. 463. At its meeting in June 1964 the Committee, in paragraph 367 of its 76th Report, recommended the Governing Body to request the Government to be good enough to furnish the text of the judgment in question and of the reasons on which it was based. This request was transmitted to the Government by a letter dated 18 June 1964.
3. 464. In a letter dated 10 October 1964 the Government stated that it had written to the Attorney-General asking for the information requested by the Committee, but that, " as the control of Northern Kivu by the rebels prevents any communication with the authorities of that region ", the Attorney-General had not been able to furnish the information.
4. 465. At its meeting in November 1964 the Committee took note of this communication and decided to request the Government to furnish the information in question as soon as possible. The Government was informed of this decision by a letter dated 17 November 1964.
5. 466. On 19 January 1965 the Government stated in reply that it still did not have in its possession the judgment relating to the case of Mr. Beya " because of the confused situation still subsisting in the north-eastern part of the country as a result of the rebellion ".
6. 467. This reply was noted by the Committee at its meeting in February 1965, when the Committee decided again to request the Government to furnish the text of the judgment as soon as possible.
7. 468. On 17 July 1965 the General Union of Trade Union Federations of Congolese Farmers and Workers (U.G.C.S.P.T.C.) addressed a complaint to the I.L.O in which it is alleged that on 29 June 1965 Mr. Beya was in the vicinity of Goma, in Northern Kivu, where he had gone to give a course within the framework of a workers' education programme and to organise a works council in a nearby undertaking, when he was suddenly arrested by armed police, on the orders of the Provincial Labour Inspector, Mr. Sivanzire Bonaventure. The complainants state that on 17 July 1965 he was still being held in prison without trial and that this had caused the suspension of the activities of his organisation.
8. 469. On 8 August 1965 the North Kivu Provincial Committee of U.G.C.S.P.T.C addressed a complaint to the I.L.O. It is alleged that Mr. Sylvestre Kalunga, the secretary of the organisation for the Walitale territory, was murdered by the District Officer of that territory. As regards Mr. Raymond Beya, this complainant states that, having already been arrested in 1963 and imprisoned without trial, he was arrested, ill-treated and arbitrarily imprisoned on 4 August 1964 and held without trial until November 1964, when he was released. On 29 September 1964, it is alleged, Mr. Oscar Nkole, Provincial Inspector of the Union, was also arrested and ill-treated in Ruthurn territory and imprisoned as a thief in order to prevent the unions from operating in Ruthurn. He was never brought to trial and was released in November 1964.
9. 470. The complaint of U.G.C.S.P.T.C dated 8 August 1965 was transmitted to the Government, for its observations, by a letter dated 27 August 1965. No observations on this complaint have been received.
10. 471. On 11 August 1965 the Government furnished its observations on the complaint of U.G.C.S.P.T.C dated 17 July 1965. The Government states that the allegations against Labour Inspector Sivanzire Bonaventure (see paragraph 468 above) are without foundation. The Government forwarded a statement by this inspector in which he declares that in February-March 1964 he was sent to make inquiries in Northern Kivu into the activities of Mr. Beya and Mr. Nkole (who is referred to in the complaint dated 8 August 1965). Mr. Bonaventure states that these " self-styled trade unionists " first used as a front for their activities the Union of Congolese Workers and then changed to another union, P.A.N.A.T.R.A, finally joining another union, U.G.C.S.P.T.C. On 9 June 1965, he declares, Messrs. Beya and Nkole went to C.E.C. (the meaning of these initials is not explained) in Goma and withdrew 50,000 francs as an advance from the accountant, in the absence of himself and the labour officer. This money had been intended to be used to pay five clerks who had been dismissed from C.E.C. The two trade unionists, says Mr. Bonaventure, paid two of the clerks but retained the remaining 30,000 francs. As they refused to attend to give an explanation he took action against them as embezzlers of public funds.
11. 472. In many cases in the past where trade unionists have been arrested for political offences or for offences under ordinary law the Committee has emphasised the importance it attaches to ensuring that such persons should be tried within the shortest possible period by an impartial and independent judicial authority.

The Committee's recommendations

1. 473. In these circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government to the importance which the Governing Body has always attached to ensuring that trade unionists arrested for political offences or for offences under ordinary law should be tried within the shortest possible period by an impartial and independent judicial authority;
   • (b) to request the Government to inform the Governing Body as a matter of urgency, having regard to the principle enunciated above, as to the present situation with regard to Mr. Beya and Mr. Nkole;
   • (c) to request the Government once again to furnish the text of the judgment by virtue of which Mr. Beya was sentenced at Butembo on 17 October 1963;
   • (d) to request the Government to furnish its observations on the complaint presented on 8 August 1965 by the General Union of Trade Union Federations of Congolese Farmers and Workers.