Rapport intérimaire - Rapport No. 149, Novembre 1975

Cas no 810 (France) - Date de la plainte: 11-DÉC. -74 - Clos

1. 141. The complaint lodged by the French National Technical and Vocational Training Union (CGT) was contained in a communication dated 11 December 1974; that made by the World Federation of Teachers' Unions was dated 12 December of that year. The latter organisation submitted further information in a letter dated 22 January 1975. The Government forwarded its observations in a letter dated 5 February 1975.
2. 142. The Government of France has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), 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). Furthermore, it has declared these Conventions applicable without modification to French Guiana.

A. A. The complainants' allegations

1. 143. The French National Technical and Vocational Training Union states that Frédéric Bougarel, lecturer at the Voltaire Technical Training College, Cayenne, and an official of this union for French Guiana, was arrested on 17 December, along with other trade unionists, and hence was unable to attend a meeting "convened by the Rector of the Academy of Martinique, at which he was to represent the union". In its communication dated 12 December 1974, the world Federation of Teachers' Unions provides the same information, adding that the persons arrested were being prosecuted for subversion. In a letter dated 22 January 1975, it said that Frédéric Bougarel had been released and no charge had been brought against him.
2. 144. In its comments, the Government of France states that Frédéric Bougarel was arrested under section 30 of the Criminal Affairs Procedure Code, as a result of the part he had played in a series of disturbances systematically organised over several months in Guiana, which disturbances had gravely jeopardised life and property. As provided for in that same section 30, Bougarel and the eleven other persons arrested along with him were at once handed over to the prosecuting authorities of the State Security Court. Those authorities had decided that charges should be brought against eight of the persons concerned and that the latter should be sent to France. It may well be, the Government adds, that Frédéric Bougarel's arrest prevented him from responding to the invitation received from the Rector of the Martinique Academy (i.e. the person in charge of that educational district) as a representative of his union. But there was no relationship between his trade union activities properly so called and the reasons which had led to his detention for forty-eight hours.

B. B. The Committee's conclusions

1. 145. The Committee notes that Frédéric Bougarel has been released and that no proceedings are to be brought against him, but that the State Security Court prosecuting authorities have decided to bring charges against eight of the eleven trade unionists arrested with Bougarel.

The Committee's recommendations

1. 146. In these circumstances, the Committee recommends the Governing Body:
   • (a) to take note of the fact that Frédéric Bougarel has been released and that no proceedings are to be brought against him;
   • (b) to request the Government to inform it of the outcome of the proceedings brought against the other eight persons, supplying copies of any judgments rendered, with their supporting considerations;
   • (c) to take note of this interim report, it being understood that a further report will be submitted once the Committee has received the information mentioned in subparagraph (b) above.