Rapport intérimaire - Rapport No. 226, Juin 1983

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

132. The Committee has already examined this case on two previous occasions - in February 1981 and May 1982 - when it presented interim reports to the Governing Body. The World Confederation of Labour (WCL) sent certain additional information in relation to this complaint in a communication dated 16 March 1983 which was immediately transmitted to the Government for its comments. The Government sent certain further observations in a communication dated 12 April 1983.

1. 132. The Committee has already examined this case on two previous occasions - in February 1981 and May 1982 - when it presented interim reports to the Governing Body. The World Confederation of Labour (WCL) sent certain additional information in relation to this complaint in a communication dated 16 March 1983 which was immediately transmitted to the Government for its comments. The Government sent certain further observations in a communication dated 12 April 1983.
2. 133. 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. Previous examinations of the case

1. 134. In its original communication of 7 May 1980 the WCL alleged the arrest of six named trade union leaders, the expulsion from the country of one of those leaders (Mr. Stanley Cyrus) and the arbitrary closure of the trade union press. In a further communication dated 11 March 1982, the WCL confirmed that the five arrested trade union leaders were still in prison and added the names of two other trade unionists to the list of detainees; it also indicated that Mr. Cyrus was still in exile.
2. 135. The Government's replies consisted of a denial of the arrest of one of the trade union leaders (Mr. Lloyd Roberts) and a statement to the effect that five of the other named persons had not been known to be members of any trade union or trade union leaders; it also stated that Mr. Cyrus is wanted in Grenada on a charge of murder. The Government, in addition, suggested that an ILO mission could be sent to Grenada to verify the facts.
3. 136. Despite the paucity of information before it, and while noting the Government's denial of the arrest of one of the persons named by the complainant, the Committee - in its most recent examination of the case - decided upon the following recommendations:
   • - regarding the arrests of eight trade union leaders listed by the complainant, it recalled the importance of the principle of prompt and fair trial by an independent and impartial judiciary and hoped that the Government, if it had not already taken measures to secure the release of all those arrested on account of their trade union membership or activities, would do so rapidly. It requested the Government to provide detailed information on the fate of these persons and to send its observations on the complainant's latest communication in which the names of Roland Budhlall and Super Bartholomew are added to the list of detained trade unionists;
   • - as regards the alleged expulsion from Grenada of the trade union leader Stanley Cyrus, the Committee recalled generally that forced exile not only deprives the persons concerned of the possibility of working in their country and joining their families but constitutes an infringement of freedom of association in that it weakens the trade union movement by depriving it of its leaders. It considered that Mr. Cyrus should be able to return to Grenada to perform the trade union offices to which he had been elected and hoped that the Government had taken or would take the measures necessary to this end;
   • - as regards the alleged closure of the trade union press, the Committee recalled that the full exercise of trade union rights rests on freedom of expression through such means as the trade union press and requested the Government to supply information on the measures it had taken or would take to re-establish this freedom.

B. Further developments

1. 137. In its letter of 16 March 1983, the WCL states that one of the already named trade unionists (Poland Budhlall) has been beaten, tortured and forced - under the threat of firearms - to sign a statement prepared by the police. According to the WCL, during his trial Mr. Budhlall claimed that he had signed the document out of fear of being tortured again.
2. 138. The Government's communication of 12 April 1983 refers to its earlier communication on this case in which it contested the accuracy of the allegations made and suggested that the ILO send a delegation to Grenada to obtain the facts.

C. The Committee's conclusions

1. 139. The Committee notes the Government's request that an ILO mission visit the country to ascertain the situation on the spot. In view of the seriousness of the allegations, in particular the most recent allegation of torture to which the Government makes no reply, the committee proposes that a representative of the Director-General carry out a direct contacts mission in the near future and report to the Committee at its November meeting on the situation of the eight named trade union leaders under arrest, the alleged expulsion from Grenada of one of them, and the alleged closure of the trade union press, as well as on the alleged torture of one of those unionists.

The Committee's recommendations

1. 140. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and in particular the following conclusions: In view of the seriousness of the allegations made, including the detention, expulsion from the country and torture of trade unionists, that the Government indicate its consent to the carrying out of a direct contacts mission by a representative of the Director-General so that the Committee may have before it at its November session a full report on the situation.