Interim Report - Report No 83, 1965

Case No 419 (Congo) - Complaint date: 07-NOV-64 - Closed

1. 360. This case already came before the Committee at its 39th Session, held in February 1965. On that occasion the Committee submitted an interim report to the Governing Body, which may be found in paragraphs 176 to 193 of the Committee's 81st Report, approved by the Governing Body at its 161st Session (March 1965).

361. The case involves two sets of allegations, one concerned with action taken against the National Union of C.A.T.C. Unions and its leaders, and the other relating to the arrest and ill-treatment of two trade unionists from Malawi.

1. 362. As regards the first set of allegations, the Committee, and subsequently the Governing Body, asked the Government to furnish certain information of which more will be said below. As concerns the second set, the Government's observations having been received too late for it to be able to examine them at its 39th Session, the Committee decided to leave them over until the present session. The paragraphs which follow will deal first of all with this second set of allegations.
2. 363. In a communication dated 10 December 1964 the International Federation of Commercial, Clerical and Technical Employees alleged that two trade unionists from Malawi who were going to Lagos to attend a seminar organised by the complaining organisation had been arrested when they stopped at Brazzaville, imprisoned, beaten and kept without food for nearly five days. Although informed by a letter dated 23 December 1964 of their right to furnish further information in substantiation of their allegations, the complainants have not availed themselves of this right.
3. 364. In its observations dated 19 February 1965 the Government states that immediately upon receipt of the Federation's complaint, transmitted to it by the I.L.O, it instructed the head of the surveillance service for the territory to ascertain whether the two persons mentioned in the complaint had in fact entered the Republic of the Congo, in transit or otherwise. A check on the embarkation and landing cards having brought nothing to light, the head of the surveillance service contacted the civil police, from whom he obtained the following information: the persons concerned had indeed landed at Brazzaville, via Maya-Maya; they failed, however, to comply with the police formalities, and left the airport to go into town without passing through the frontier police checkpoint, which was therefore unable to stamp their passports. The two trade unionists were going on to Leopoldville, where they intended to catch a plane to Lagos. When the police at the Beach landing stage came to check their passports they observed that these had not been stamped at the frontier post through which they had entered. As they thus fell under suspicion, they were taken to the central commissariat so that the matter might be looked into. A check having been made, the individuals concerned were handed over to the SABENA airline, which arranged for their transport to Lagos. At no time, declares the Government, did the persons concerned suffer ill-treatment and, moreover, the whole of the time they were in custody was spent in the hall of the commissariat.
4. 365. The Government meets the complainants' allegations-which the latter have failed to substantiate with further information although invited to do so-with detailed explanations as to what took place. These explanations would seem to show that the trade unionists in question were guilty of negligence in failing to comply with the formalities by having their passports checked by the police on arrival at Brazzaville, and that it was due to this negligence that they were put to inconvenience later.
5. 366. The Committee also takes note of the Government's assurance that these persons were never ill-treated at any time, and observes that, although they assert the contrary, the complainants have furnished no proof in substantiation of their claim.
6. 367. In any event the Committee considers that whatever action was taken against these persons was quite unconnected with their status as trade unionists or their trade union activities, and that it is therefore appropriate for it to recommend the Governing Body to decide that this aspect of the case does not call for further examination.
7. 368. As regards the other set of allegations-concerning discriminatory action taken against the National Union of C.A.T.C. Unions, the ransacking of its premises and the arrest of its leaders, including its President, Mr. Fulgence Biyaoula, who is alleged to have been tortured as well-at its 39th Session, having noted the assurances given in Addis Ababa to the Director-General by the Minister of Labour of the Congo (Brazzaville) to the effect that Mr. Biyaoula was not being subjected to torture, that his life was not in danger at all and that he would enjoy the guarantees of normal judicial procedure when he appeared in the near future before the courts, and having noted also that in its reply to the allegations in question the Government confined itself to declaring that " the Committee on Freedom of Association might designate one or more of its members to visit the Congo (Brazzaville), at the I.L.O's expense, to inquire on the spot into the allegations made by the critics of this country's Government ", the Committee considered that at the present stage it should once more urge the Government to be good enough to furnish detailed observations on each of the specific allegations made by the various complaining organisations. In these circumstances it recommended the Governing Body in paragraph 193 of its 81st Report:
8. ......................................................................................................................................................
9. (a) to reaffirm strongly the importance it attaches to the principles:
10. (i) that workers should have the right to establish and join organisations of their own choosing;
11. (ii) that workers' organisations should have the right to elect their representatives in full freedom, and that such representatives should be protected against any action being taken against them by reason of their trade union activities;
12. (iii) that trade unions should not be liable to be dissolved by administrative authority;
13. (b) to emphasise that measures of detention of trade unionists may involve a serious interference with the exercise of trade union rights if they are not accompanied by adequate judicial safeguards and to stress that it should be the policy of every government to take care to ensure the observance of human rights and especially of the right of all detained persons to receive a fair trial at the earliest possible moment by an impartial and independent judicial authority;
14. (c) to request the Government to be good enough to furnish detailed observations on the allegations referred to in paragraphs 187 and 188 of this report and information as to whether the assurances given to the Director-General by the Minister of Labour in the course of their interviews in Addis Ababa, referred to in paragraph 180 of this report, have been respected and, in particular, as to whether Mr. Biyaoula has received a fair trial attended by all the guarantees of normal judicial procedure and, if so, to be good enough to furnish a copy of the judgment and of the reasons adduced therein.
15. 369. The foregoing conclusions were conveyed to the Government by letter dated 10 March 1965, followed by a reminder letter dated 5 April 1965. The Government replied in a communication dated 29 April 1965.
16. 370. The Committee observes that in this communication the Government fails to answer the specific questions asked in subparagraph (c) of paragraph 193 of the Committee's 81st Report, quoted above, but confines itself to renewing the invitation to the Committee to visit the Congo to which reference is made in paragraph 368 above.

B. B. The Committee's conclusions

1. 371. In these circumstances the Committee feels that it must reaffirm the conclusions set forth in subparagraphs (a) and (b) of paragraph 193 of its 81st Report, and recommend the Governing Body to strongly urge the Government to be good enough to furnish the observations requested of it in subparagraph (c) of the same paragraph as soon as possible.
2. 372. In this connection the Committee wishes to point out that, in almost all the cases which have come before it, the governments concerned have not failed to co-operate in establishing facts, especially by furnishing the observations and information requested by the Committee or the Governing Body.
3. 373. The Committee feels compelled also to recommend the Governing Body to draw the attention of the Government of the Congo (Brazzaville) to the resolution concerning freedom of association and protection of the right to organise adopted by the First African Regional Conference of the International Labour Organisation (Lagos, December 1960), which, in paragraph 7, " requests the Governing Body of the International Labour Office to invite governments in respect of whose countries complaints may be made to the Governing Body Committee on Freedom of Association to give their wholehearted co-operation to that Committee, in particular by replying to requests for observations made to them and by taking the fullest possible account of any recommendations which may be made to them by the Governing Body following examination of such complaints " and, in paragraph 8, " requests the Governing Body to accelerate as far as possible the procedure of its Committee on Freedom of Association and to give greater publicity to the conclusions of that Committee, particularly when certain governments refuse to co-operate loyally in the consideration of complaints submitted against them".

The Committee's recommendations

1. 374. With regard to the case as a whole the Committee recommends the Governing Body:
   • (a) to decide, for the reasons stated in paragraphs 363 to 367 above, that the allegations relating to action taken against two trade unionists from Malawi passing through Brazzaville do not call for further examination;
   • (b) with regard to the allegations relating to action taken against the National Union of C.A.T.C. Unions, its leaders, and in particular its President, Mr. Biyaoula, to decide:
   • (i) to draw the attention of the Government of the Congo (Brazzaville) to the resolution concerning freedom of association and protection of the right to organise adopted by the First African Regional Conference of the International Labour Organisation (Lagos, December 1960), which, in paragraph 7, " requests the Governing Body of the International Labour Office to invite governments in respect of whose countries complaints may be made to the Governing Body Committee on Freedom of Association to give their wholehearted co-operation to that Committee, in particular by replying to requests for observations made to them and by taking the fullest possible account of any recommendations which may be made to them by the Governing Body following examination of such complaints " and, in paragraph 8, " requests the Governing Body to accelerate as far as possible the procedure of its Committee on Freedom of Association and to give greater publicity to the conclusions of that Committee, particularly when certain governments refuse to co-operate loyally in the consideration of complaints submitted against them ";
   • (ii) once again to strongly urge the Government to be good enough to furnish as soon as possible detailed observations on the allegations referred to in paragraphs 187 and 188 of the 81st Report of the Committee on Freedom of Association, as well as information as to whether the assurances given to the Director-General by the Minister of Labour in the course of their interviews in Addis Ababa, referred to in paragraph 368 above and in paragraph 180 of the 81st Report of the Committee, have been respected and, in particular, as to whether Mr. Biyaoula has been tried with all the guarantees of normal judicial procedure and, if so, to be good enough to furnish a copy of the judgment and of the reasons adduced therein;
   • (c) to take note of the present interim report, it being understood that the Committee will report further as soon as it is in possession of the information specified in subparagraph (b) (ii) above.