Rapport intérimaire - Rapport No. 207, Mars 1981

Cas no 963 (Grenade) - Date de la plainte: 07-MAI -80 - Clos

1. 221. The World Confederation of Labour (WCL) transmitted its complaint of violations of trade union rights in Grenada in communications dated 7 and 9 May 1980; it sent additional information on 21 January 1981 which has been forwarded to the Government for its observations. The Government sent a reply to the initial complaint in a letter dated 14 January 1981.
2. 222. Grenada has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations of the complainant

1. 223. In its communications of 7 and 9 May 1980, the WCL alleges that the Secretary-General of the Progressive Labour and General Workers' Union, Lloyd Roberts, and six other leaders have been arrested. It also states that the former Deputy Secretary-General of this organisation, Stanley Cyrus, has been expelled from the country and that the trade union press has been arbitrarily shut down. According to the WCL, the Government has set up a regime of terror aimed principally at trade unionists, but also at church organisations.
2. 224. In its letter of 21 January 1981, the complainant supplies the names of five trade union leaders and active trade unionists who were arrested and are still in prison Kenneth Budhlall, Kennedy Budhlall, Evan Bhola, Rodney Nelson and Stanley Cyrus. It states that they are all members of the Progressive Labour and General Workers' Union, the last-named being the Secretary-General of that organisation.

B. The Government's reply

1. 225. The Government, in its letter of 14 January 1981, forwards an unsigned report on the allegations, prepared by the then Acting Labour Commissioner and dated 9 June 1980. This report describes the history of the union in question: it was registered on 14 December 1967, but from 1971 onwards did not despite reminders submit annual financial statements to the Registrar of Trade Unions as was required by law. Discussions with the earlier General Secretary, Mr. Lennie Archibald, revealed that the union had become inactive in 1969 and had no financial members until 1977, around which time Stanley Cyrus, Kenny Budhlall and Lloyd Roberts had approached Mr. Archibald and had received from him the books of the union. Since then Mr. Archibald has taken no active part in that organisation.
2. 226. The Acting Labour Commissioner also spoke to Lloyd Roberts concerning the activities of the union and his involvement in it. According to the Commissioner's report, Mr. Roberts stated that around 1977 Stanley Cyrus had asked him to associate with that union as a Spanish translator and that he had agreed although he was aware that the movement did not represent any persons in any employment; Mr. Roberts further stated that he was never the Secretary-General of the movement, that he was never harassed by anyone and that he was not associated with any statement made to the WCL. The Commissioner attaches to his report a statement said to be signed by Mr. Roberts, denying that he is Secretary-General of the Union, denying his arrest and any regime of terror against trade unionists and voicing his support for the Government. The statement, however, is not signed.

C. The Conclusions of the Committee

1. 227. This complaint concerns allegations of arrest of certain trade union leaders and active trade unionists of the Progressive Labour and General Workers' Union, namely, Lloyd Roberts, Kenneth Budhlall, Kennedy Budhlall, Even Bhola and Rodney Nelson. A sixth unionist, Stanley Cyrus, is described by the complainant both as the former Deputy Secretary-General of the organisation, now expelled from the country, and as the current Secretary-General still being held in prison. Allegedly, the trade union press has also been closed down by the authorities.
2. 228. The Committee takes note of the Acting Labour Commissioner's report into the allegations but observes that it only goes into one aspect of the allegations, that is, the status and present situation of Mr. Lloyd Roberts. In this regard, the commissioner reports assertions made to him by Mr. Roberts to the effect that, although associated with the union, he was never its Secretary-General and that he has never been harassed by anyone. However, the evidence presented by the Commissioner, a statement from Lloyd Roberts calling the allegation a blatant lie, is not signed.
3. 229. Despite the paucity of information before it and while noting the Government's denial of the arrest of Mr. Roberts, the Committee considers it important to recall at this stage the principle which it has often stated in the past, that measures of preventive detention of trade unionists may involve a serious interference with trade union activities where no grounds for conviction are subsequently found and 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 this, the Committee would appreciate receiving further details as to the present situation of Lloyd Roberts, as well as the Government's observations on the allegations concerning the arrest of Kenneth Budhlall, Kennedy Budhlall, Evan Bhola, Rodney Nelson and the expulsion of Stanley Cyrus.

The Committee's recommendations

1. 230. In these circumstances, the Committee recommends the Governing Body to adopt the present interim report and, in particular, the following conclusions:
   • The Committee must draw the attention of the Government to the principle concerning the risk of serious interference in trade union activities presented by measures of preventive detention of trade unionists where no grounds for conviction are subsequently found against them.
   • The Committee requests the Government to supply further details as to the present situation of Lloyd Roberts, as well as its observations on the allegations concerning the arrest of Kenneth Budhlall, Kennedy Budhlall, Evan Bhola, Rodney Nelson and the expulsion of Stanley Cyrus and on the alleged closure of the trade union press.