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A. A. The complainants' allegations

A. A. The complainants' allegations
  1. 93. The complaints are contained in the following documents : communications dated 29 December 1955 and 5 January 1956 from the World Federation of Trade Unions ; communication dated 26 January 1956 from the Famagusta and District Agricultural and General Workers' Trade Union (W.F.T.U.) (identical communications were submitted by a large number of Cypriot trade union organisations or trade union branches) ; communication dated 7 February 1956 from the Central Council of Trade Unions in the People's Republic of Bulgaria (W.F.T.U.) ; communication dated 12 March 1956 from the International Confederation of Free Trade Unions ; communications dated 11 March, 2 April and 7 August 1956 from the Greek General Confederation of Labour (I.C.F.T.U.) ; communications dated 13 June and 23 August 1956 from the Pancyprian Federation of Labour (W.F.T.U.). The communication from the International Confederation of Free Trade Unions was addressed to the Secretary-General of the United Nations and transmitted by him to the I.L.O ; all the other communications were addressed directly to the I.L.O by the complainants. As all the complaints relate to alleged infringements of trade union rights which arise directly out of the situation which has prevailed in Cyprus since 1955, they may be analysed together.
    • Allegations relating to the State of Emergency, Protests against the Deportation of Archbishop Makarios and Demands for Self-Determination in Cyprus
  2. 94. The complainants criticise in general terms the emergency regulations in force in Cyprus, declaring that they restrict democratic liberties and human and trade union rights and cause difficulty for the trade unions in their struggle to preserve and extend the acquired rights of workers. The various restrictions, contends the World Federation of Trade Unions in particular, show that the Government of the United Kingdom is violating the legal obligations undertaken by it when it informed the I.L.O that it intended to apply in Cyprus, without modification, the Right of Association (Non-Metropolitan Territories) Convention, 1947.
  3. 95. The International Confederation of Free Trade Unions attached to its formal complaint a copy of a press release dated 12 March 1956, in which it " deplores the deportation of Archbishop Makarios " and the breakdown, at that time, of negotiations in Cyprus, and calls for a resumption of negotiations with a view to establishing true self-government and restoring peace and harmony. Self-government and self-determination in Cyprus are also urged in the resolution adopted by the I.C.F.T.U in July 1956.
    • Allegations relating to Curfew Regulations
  4. 96. The World Federation of Trade Unions alleges that the normal functioning of trade unions is seriously impeded by the curfew imposed-in certain cases even in daytime-pursuant to the Curfew Law (No. 17 of 1955).
    • Allegations relating to the Arrest and Detention without Trial of Trade Union Leaders and Members
  5. 97. The World Federation of Trade Unions alleges that on 14 December 1955 the majority of the members of the executive committee of the Pancyprian Federation of Labour (affiliated to the W.F.T.U.) were arrested and placed in the concentration camp at Dhekelia, and that two members of the General Council of the Cyprian Workers' Confederation (affiliated to the I.C.F.T.U.) were also arrested. Altogether, this complainant lists by name 24 trade union officers and 30 trade unionists alleged to have been arrested but then names three of the officers as having been liberated. In the view of the complainant, the arrests constitute a flagrant violation of trade union rights and seriously impede the functioning of the trade unions.
  6. 98. The Famagusta and District Agricultural and General Workers' Trade Union states that, among 22 trade union leaders arrested, 11 were members of the General Council of the Pancyprian Federation of Labour, and claims that the General Secretary of that Federation, Mr. Andreas Ziartides, who was abroad when the arrests took place, cannot return home to resume his trade union activities because he is wanted by the police.
  7. 99. The International Confederation of Free Trade Unions and the Greek General Confederation of Labour complain of the arrest of Mr. M. N. Pissas, General Secretary of the Cyprus Workers' Confederation (I.C.F.T.U.) and a member of the executive of the I.C.F.T.U. It is alleged that on 10 March 1956 Mr. Pissas was arrested, as he was told, " to undergo a short inquiry ", but was detained in gaol without any concrete accusation, pursuant to Act No. 26 of 1955 which, according to the complainants, empowers the Governor of Cyprus to order the confinement of any person, without any accusation or process and without any witness evidencing any crime or contravention. In the view of the complainants this arrest is a violation of the elementary rights of assembly and association, without any legal action being taken to establish his guilt in respect of any activities outside his trade, and was effected with the intention of beheading the free trade union organisation of Cyprus workers. In a resolution adopted in July 1956 the I.C.F.T.U states not only that Mr. Pissas was then still in custody, without any substantive charge having been made, but that a large number of officials and other members of " the free trade unions " were in continued detention.
    • Allegations relating to the Proscription of Trade Unions and Confiscation of Their Property
  8. 100. It is alleged by the Famagusta and District Agricultural and General Workers' Trade Union that many organisations were proscribed and their property confiscated. This complainant does not allege that these organisations were trade unions, but refers specifically to the proscription of five publications, without stating that any of these were trade union publications. The World Federation of Trade Unions, however, alleges specifically that " among the organisations of workers which have been entirely prohibited " is the Cyprian Peasants' Federation (E.A.K), a trade union of small holders affiliated to the International Union of Trade Unions of Workers in Agriculture and Forestry (Trade Department of the W.F.T.U).
    • Allegations relating to Closure and Searching of Trade Union Premises
  9. 101. It is alleged by the World Federation of Trade Unions that in the towns of Paphos, Larnaca, Famagusta, Kyrenia, Xylophagou, Ormidha, Contamenos and Dhikimo trade union premises were searched by the police and the army ; that in all these cases except that of Famagusta the trade union archives and funds were confiscated and their premises closed by the authorities, none of the property having been restored by 21 December 1955 and the trade union premises in the last six towns mentioned still being closed at that same date. The Famagusta and District Agricultural and General Workers' Union alleges further that the new trade union premises in Nicosia were searched by the army and archives carried away and trade union property damaged.
    • Allegations relating to the Proscription of Newspapers
  10. 102. It is alleged that two daily and two weekly newspapers (one Turkish) and a monthly magazine " of the women's organisation " were proscribed and their property forfeited.
    • Allegations relating to the Prohibition of Meetings
  11. 103. It is alleged by the World Federation of Trade Unions that all meetings, including trade union meetings, were prohibited by a proclamation dated 26 November 1955, the only assemblies authorised being those of persons attending theatres or cinemas, and that the Pancyprian Conference of Municipal Workers and Employees convened for 27 November 1955 to discuss purely trade union matters, such as workers' demands and a proposal to found a federation of municipal workers' trade unions, was prohibited, permission for it still being withheld as late as 12 December 1955. The complainant alleges further that, under section 37 (1) of the Emergency Regulations, 1955, Regional Commissioners also possess supplementary powers to prohibit meetings, including trade union meetings.
  12. 104. The Greek General Confederation of Labour also complains, in general terms, of measures prohibiting any workers' assembly from discussing their problems unless a written licence has previously been granted.
    • Allegations relating to Interference with Picketing
  13. 105. The Famagusta and District Agricultural and General Workers' Trade Union alleges that eight pickets posted at Dhekelia during a strike of Navy, Army and Air Force Institutes (N.A.A.F.I.) workers in support of their demands were arrested by the army and driven to a point eight miles away before they were set free, that 11 pickets were arrested on 11 January 1956 when demanding the release of trade union leaders in detention and that on 12 January 1956 N.A.A.F.I employees on a 48-hour strike in support of their demands were prohibited from picketing their place of employment.
    • Allegations relating to Abrogation of the Right to Strike and to Powers to Control Employment
  14. 106. The World Federation of Trade Unions alleges that an Ordinance of 1954 added hotels and restaurants to the list of essential undertakings (already including bakeries, electricity and drinking water supply services, hospitals, telecommunications, docks and civilian employment at R.A.F aerodromes) in which strikes are prohibited under the Ordinance concerning Public Utility Services (Transitional Powers, 1946-Cyprus). In this way, declares the complainant, the list of essential undertakings can be extended indefinitely.
  15. 107. The complainant alleges further that section 61 of the Emergency Powers Regulations (Public Safety and Order), 1955, declares all strikes to be illegal except where they are regarded as having " no other object than the settlement of a labour dispute ", and that the term " labour dispute " is interpreted very restrictedly, a strike being illegal if it is entirely or partially intended to support demands for a system of social security, legal protection of female workers, housing, protests against the rising cost of living, etc. Even where a strike is not declared to be illegal, states the complainant, the Governor of Cyprus may still prohibit it under the Regulations in order " to prevent the interruption of work by labour disputes ".
  16. 108. The Greek General Confederation of Labour complains that the right to strike over any labour dispute is denied and that workers are prohibited from absenting themselves from work or arriving late.
  17. 109. The Pancyprian Federation of Labour alleges that, by a special Order dated 21 August 1956, the authorities banned a sympathy strike of 10,000 Cyprus workers called by three labour federations-the Turkish Labour Federation, the Pancyprian Labour Federation and the Independent Labour Federation-in support of a strike of Hellenic Mining Company workers.
  18. 110. The World Federation of Trade Unions alleges that, under section 60 of the Emergency Powers Regulations, 1955, the Governor may assign any person to any task specified by him on terms and conditions determined by himself, and that the Governor may force workers to remain in a certain employment and prohibit them formally from absenting themselves from work " without valid reason " or from arriving late for work on several consecutive occasions. The complainant considers that this constitutes a violation of the right of the workers to determine for themselves, through their trade unions, the conditions on which they may or may not accept a given employment.
  19. 111. The Greek General Confederation of Labour complains against measures which are alleged to impose slave labour and to exercise control over supply and demand of manpower.
    • ANALYSIS OF THE REPLY
    • Allegations relating to the State of Emergency, Protests against the Deportation of Archbishop Makarios and Demands for Self-Determination in Cyprus
  20. 112. In its reply dated 19 December 1956 the Government of the United Kingdom begins by commenting on the background events in the light of which it was considered necessary to take extraordinary measures in Cyprus.
  21. 113. The Government declares that terrorism began in Cyprus on 1 April 1955, being followed by the placing of bombs in government offices, police stations and military installations, by murderous attacks on individuals and by systematic intimidation of the civilian population. In these circumstances people were reluctant to give evidence in court concerning terrorism ; to protect citizens who worked to assist the authorities and in order to suppress terrorism, the Cyprus Government, in July 1955, introduced a law authorising the detention of persons who were members of the terrorist organisation-a measure which was followed, however, by a series of general strikes for political motives, increased incitement to sedition and violence, riotous demonstrations and terrorist murders and attacks. The Government states that, in view of this increase in terrorist outrages and widespread acts of disorder, the Governor of Cyprus decided that further steps must be taken to safeguard the normal life of the community ; a state of emergency was proclaimed on 26 November 1955 and the Emergency Powers Regulations were made which, inter alia, empowered the Governor to order the detention of persons believed to have been recently concerned in acts prejudicial to public safety or public order, to deport any person from the colony, to prohibit processions, meetings and assemblies with certain exceptions and to order the taking possession of the property and funds of an unlawful association ; strikes having objects other than the furtherance of a trade dispute were prohibited and the security forces were given power to enter and search premises under certain conditions.
  22. 114. Discussions had been taking place in the meantime between the Governor and the Archbishop of Cyprus. The Government states that these discussions were violently attacked by the Communist Party in Cyprus, which continued to demand unconditional and immediate self-determination and was concerned only to prevent a solution being reached and to prolong discussion in order to further the ends of international communism. Hence, it was decided to proscribe the Communist Party and three of its satellite organisations and to ban certain of its publications.
  23. 115. The situation described above, declares the Government, demanded the use of extraordinary measures. As a group of extremists seeking to further their political aims by violence plunged Cyprus into lawlessness and terrorism, 181 persons (including 100 Greek Cypriots) having been killed and 481 (including 165 Greek Cypriots) wounded, it was necessary, in order to protect the life and security of individuals and to restore general law and order, to take certain emergency measures which impose restrictions and obligations upon the whole community ; these measures necessarily restrict the holding of meetings in certain circumstances and protect the maintenance of services essential to the normal life of the community. The operations of the security forces against the terrorists have also necessitated temporary curfews and limitations on the movements of vehicles. The Government admits that the restrictions may at times inconvenience various sections of the community when carrying out their legitimate activities and that the legitimate functions of trade unions are to some extent affected just as are those of other bodies. The Government declares, however, that no discrimination has been made against the legitimate activities of trade unions, their leaders and their members and that no restriction has been imposed with the object of curtailing legitimate trade union activity, which, in fact, has increased, union membership having grown from 26,666 in December 1954 to 42,000 in October 1956. The Government adds that, as long as violence and terrorism continue, a state of emergency will probably have to be maintained and the Government will be obliged to exercise all necessary powers to eliminate terrorism and to maintain law and order. This inevitably means placing restrictions on the normal life of the community, which affect all members of the community alike. These measures are all concerned with the maintenance of public order and good government and none of their provisions is directed against trade unionists as such, although the fact that any individual member of the community is a trade unionist will not of course exempt him from the restrictions applicable to other persons. The basic fact is, concludes the Government, that trade unionists are subject to these restrictions in the same way as, but no more than, the rest of the community.
  24. 116. The Government makes no observations on the deportation of Archbishop Makarios or on the demands of the I.C.F.T.U with respect to further negotiations and to self-determination for Cyprus.
    • Allegations relating to Curfew Regulations
  25. 117. The authority for the imposition of curfews in Cyprus is the Curfew Law (No. 17 of 1955, as amended by Law No. 47 of 1955) ; the power to impose a curfew under section 48 of the Emergency Powers Regulations has not been applied. The Curfew Law makes provision for the imposition of curfews " in the interests of public safety and the maintenance of public order ". Hence, states the Government, it is the demands of public safety and order which determine whether a curfew is required, and those demands naturally override considerations of inconvenience to any particular body of persons in circumstances where the murder of civilians openly in the streets is an almost daily occurrence and where intercommunal feelings run so high that an incident of a racial nature is liable to lead to serious rioting and bloodshed. The Government declares that in certain instances Greek and Turkish inhabitants have themselves asked for the imposition of a curfew in order that communal disturbances might be avoided. The Government admits that such curfews, essential for the safety of the community in general, certainly inconvenience trade unions to the same extent as the other inhabitants of the area concerned, but doubts whether any substantial evidence can be produced to show that the normal functioning of trade unions has been hindered seriously.
    • Allegations relating to the Arrest and Detention without Trial of Trade Union Leaders and Members
  26. 118. The Government states that the circumstances prevailing in Cyprus made it necessary to enact the Detention of Persons Law, 1955, empowering the Governor to detain any person if he is satisfied that he is or has been a member of a terrorist organisation. Although a person may thus be detained without trial, he is informed of the grounds for his detention and has the right to appeal to an Advisory Committee of which the chairman " was until recently " a judge of the Supreme Court. This type of legislation represents a departure from normal judicial administration in British territories but was necessitated by the intimidation of the civilian population by the terrorists-it is only against active terrorists and not against peaceful advocates of political change. The detention of persons believed to have been concerned in acts prejudicial to public safety and public order or in the preparation or instigation of such acts (as distinct from those who are members of a terrorist organisation) is authorised under section 6 of the Emergency Powers (Public Safety and Order) Regulations, 1955 ; under this section, also, there is a right of appeal to an Advisory Committee. As already mentioned, the Communist Party of Cyprus, known as the Reform Party of the Working People (A.K.E.L.), was proscribed ; at the same time, some of its leaders were detained under the Emergency Regulations.
  27. 119. The Government declares that no legal or administrative power has been taken which would permit the detention of a trade union official on the grounds of his legitimate trade union activities and that, where an official or member of a trade union has been detained, this has been for reasons having no connection whatever with his trade union status or legitimate trade union activities. However, adds the Government, advocates of violence and the Communist Party have made use of some trade union organisations in Cyprus to further extreme political aims and have reached positions of responsibility in those unions, which explains why those detained include a number of trade union members and officials.
  28. 120. The Government claims that the Cyprus Workers' Confederation was deeply penetrated by the terrorist organisation E.O.K.A, and that its unions were dominated by fanatics who used the movement as a cover for terrorism, its Secretary, two members of its General Council and two of its District Secretaries having been prominent terrorist leaders. According to the Government, the Secretary of the Confederation, Evangelos Evangelides, and a member of its General Council, Markos Drakos, escaped from detention and are known to be active leaders of terrorist gangs responsible for the murder of Cypriots and Britons, while a third, Christos Eleftheriou, Secretary of the Commercial Employees' Federation, who also escaped, was recaptured on 12 June 1956 with a group of armed terrorists. The identity of the witnesses against these persons cannot be disclosed without endangering their lives and it is impossible to bring them to trial.
  29. 121. The Government states that Michael Pissas, General Secretary of the Cyprus Workers' Confederation, was engaged in acts prejudicial to public safety and order and was implicated in terrorist activities, recently captured E.O.K.A documents showing that on at least one occasion he was employed as a courier for the terrorists.
  30. 122. The Pancyprian Federation of Labour, declares the Government, was controlled by the proscribed Reform Party of the Working People. The detention of some of the Communist leaders of that Party, who also held office in the Federation and in affiliated unions, inevitably impeded the running of the unions, but their members were partly responsible for this by having allowed such persons to gain office. But the difficulties of the Federation were merely the fortuitous result of the detention of some of its officials ; when the Reform Party was proscribed the Government announced that it was anxious not to disrupt the work of legitimate trade unionism, which it recognised as having an important part to play in promoting stability and prosperity.
  31. 123. Referring to the names of 54 persons alleged by the complainants to have been detained the Government states that 25 have been released (usually subject to certain conditions), two have escaped and are still at large and there is no record that seven of those mentioned have ever been detained. Of the others mentioned or detained later nine are officials of the Cyprus Workers' Confederation, all of whom are known to have been directly implicated in terrorist outrages, and 13 are officials of the Pancyprian Federation of Labour and were active Communists concerned in acts prejudicial to public safety and order and good government. According to the list annexed to the reply one of those named has been in detention since 17 August 1955 and 23 others since 13 December 1955. But no person, emphasises the Government, has been detained on account of his legitimate trade union activities, nor has the detention of trade union members and officials been in any way aimed at the disruption of legitimate trade union functions ; the infiltration of extremists into certain trade unions and their subsequent detention for unlawful activities has caused difficulty to the activities of those unions, but that was the inevitable result of measures necessary for the restoration of law and order.
    • Allegations relating to the Proscription of Trade Unions and Confiscation of Their Property
  32. 124. The Government states that, when the Reform Party of the Working People was proscribed under the Criminal Code as mentioned earlier, similar action was taken against three of its satellite organisations : the Communist Youth Organisation (A.O.N), the Communist Women's Organisation (P.O.D.Y) and the Communist Farmers' Association (E.A.K). The latter organisation, to which some of the complainants refer, was not a registered trade union but an association of farmers possessing small holdings. Its activities were not those of a trade union ; it had been used by the Communist Party to stir up active discontent and dissension in rural areas. The Government declares that no trade union has been proscribed or had its property confiscated.
    • Allegations relating to Closure and Searching of Trade Union Premises
  33. 125. Recalling its statement earlier that Communists and supporters of terrorism had assumed leading positions in certain trade unions and used the unions and their premises for their own illegal activities, the Government declares that, while regard has always been paid to the private nature of trade union records and offices, trade union premises have been liable, like any other premises, to search by the police in the event of reasonable suspicion of their being used for illegal purposes. In the abnormal circumstances subsisting, premises of all kinds have had to be searched to an extent exceeding normal practice. Because of this, the Emergency Powers Regulations provide that members of the police or H.M. Forces may enter and search premises without a warrant if they suspect that such premises are being used for any purpose prejudicial to the maintenance of law and order. There was abundant evidence that certain trade union premises were being so used. Hence, when the Reform Party was proscribed, searches were made of certain trade union offices of the Pancyprian Federation of Labour known to be dominated and controlled by members of the Party. Later, states the Government, the premises of the Cyprus Workers' Confederation in Nicosia were searched when it was clear that the organisation was directly implicated in the terrorist movement and that some of its leading officials were active terrorist leaders. The searches were thorough and required the examination and translation of a large mass of documents ; while this was being done it was sometimes necessary to suspend the operation of the trade union office concerned and close the premises to the public, but this was always a strictly temporary measure and no legitimate trade union documents or trade union funds have been confiscated. In no cases, the Government declares, have the searches been directed against legitimate trade union activities ; they were a direct result of the misuse of trade union premises and their organisations for illegal purposes. The object of the searches was to examine the records for evidence of unlawful or terrorist activities, and in some cases incriminating documents, which had nothing to do with trade union affairs, have been found and confiscated.
  34. 126. With regard to the complaint of damage to the premises of the Cyprus Workers' Confederation in Nicosia, the Government states that the premises were unoccupied when the search was made ; as it was not possible to tell the organisation concerned of the search beforehand and no one was on the premises when the security forces arrived, they had to use their powers of forcible entry pursuant to the Emergency Powers Regulations. The Government adds that specific instructions have been given to members of the security forces to exercise care in searching trade union premises, to avoid any unnecessary acts which might result in loss or harm to property and to ensure, wherever possible, that a representative of the trade union concerned is present during a search.
    • Allegations relating to the Proscription of Newspapers
  35. 127. The Government states that the reasons which led to the Reform Party of the Working People being proscribed as an unlawful association applied with equal force to the four newspapers which had been used as organs of the Communist Party ; the publishers of the papers were declared " to have among their aims the promotion of disorder and the spread of sedition within the Colony " and they were proscribed on 13 December 1955 for 12 months, under the Criminal Code. The publishers then disseminated their policy and aims through another paper, Embros, which carried seditious articles and was proscribed for 12 months as from 6 January 1956.
  36. 128. The Government emphasises that none of these newspapers was the official journal of a trade union and that their proscription in no way constitutes a violation of trade union rights ; it adds that no monthly women's journal has been proscribed as alleged.
    • Allegations relating to the Prohibition of Meetings
  37. 129. The Government contends that some meetings called allegedly to discuss trade union matters have been used for the dissemination of subversive propaganda, often of a violent nature directed against the Government. Hence, trade union meetings were not specifically excluded from the ban placed on all assemblies on 26 November 1955 when a state of emergency was declared. In fact, the section of the Emergency Powers Regulations relating to meetings and assemblies has never been invoked ; the measure banning meetings was taken under the normal legislation of Cyprus and applied to all sections of the community and was in no sense specifically directed against the activities of trade unions. In present circumstances, states the Government, public meetings are a source of danger ; they may be used as a cover to carry out a terrorist outrage, etc. The Government declares that in practice the proclamation has been liberally interpreted in regard to private meetings, and that generally no obstacle has been placed in the way of trade union meetings held on their own premises when the authorities have been convinced that the real and only object of the meeting has been to discuss legitimate trade union affairs. Normal legislation requires the organisers to obtain a permit to hold a political meeting.
  38. 130. In the particular instance alleged, the Government points out that the conference had been planned for 27 November 1955, the day following the proclamation of a state of emergency, and the local authorities were uncertain as to how far it was intended to enforce the prohibition of assemblies. The meeting in question was authorised in writing on 5 December 1955 ; hence, states the Government, the allegation that permission for the meeting was still withheld on 12 December 1955 is incorrect.
    • Allegations relating to Interference with Picketing
  39. 131. By law, picketing is permitted if it is peaceful and in furtherance of a trade dispute. In this way it is still permitted, but, if a picket acts in a manner prejudicial to public safety and order, he is liable to arrest like any other person under section 3 of the Emergency Powers Regulations. The Government states that on a number of occasions unlawful pickets have been organised for purposes not connected with a trade dispute and in these cases pickets have been arrested, not as a measure aimed at pickets as such but to enforce the prohibition of public assemblies.
  40. 132. The Government admits that on 5 January 1956 a military patrol arrested a picket at Dhekelia acting in furtherance of a legitimate strike. The military patrol acted without proper authority and a warning was issued later to the security forces not to interfere with lawful picketing.
  41. 133. With regard to the two other specific allegations of interference with pickets, the Government states that the details given are not sufficient to enable it to investigate the incidents, but points out that in one of the cases the complainant alleges that the pickets were demanding the release of trade union leaders held in detention under the Emergency Powers Regulations, this not constituting, in the view of the Government, picketing in furtherance of a trade dispute.
    • Allegations relating to Abrogation of the Right to Strike and to Powers to Control Employment
  42. 134. The Government begins by stating that captured E.O.K.A documents dated 8 February and 23 May 1955 contained plans for mass demonstrations and mass protests, with the participation of the organised population, and that the result of this plot was rioting, arson and the murder of innocent people. Certain leading trade union officials, declares the Government, who were themselves either supporters of terrorism or interested in the continuation of dissension and violence, have assisted in this organised lawlessness.
  43. 135. The Government states that the general strikes of 2 August and 28 September 1955, called in protest, respectively, against the Detention of Persons Law and against the decision of the United Nations not to discuss the Greek motion on Cyprus, gave rise to rioting, violence and the destruction of property ; prominent trade union officials of the Cyprus Workers' Confederation and of the Pancyprian Federation of Labour used their positions to encourage and enforce these strikes and were members of the central organising committee ; intimidation was used to compel workers to observe the strikes and included the blacklisting of persons who failed to comply, the issuing of an open manifesto to men, women and children to report anyone who did not take part, whether they were fathers, husbands or relations, and also threats of reprisals in the event of disobedience. Turkish trade unions, states the Government, have refused to be associated with political strikes of this nature.
  44. 136. The Government considers, therefore, that the authorities had a manifest duty to put a stop to such political strikes, not only in the interests of law and order but to protect individuals from intimidation and to preserve from further abuse the right of trade unions to call a strike for legitimate trade union purposes. Therefore, section 61 of the Emergency Powers Regulations makes it an offence to commence, take part in or act in furtherance of an illegal strike or lockout, defined as " any strike or lockout which has any object other than, or in addition to, the furtherance of a trade dispute ".
  45. 137. Further, declares the Government, as political extremists might attempt to disrupt business activities in general by enforcing a strike under the guise of a trade dispute, it has been considered necessary, in order to preserve the community at large from the disruption that such an organised strike would entail and to protect individual workers from intimidation of this kind, for the Governor to assume powers enabling him to prohibit a strike in connection with a trade dispute should be consider this necessary. This authority, which is contained in section 61 (2) (b) of the Emergency Powers (Public Safety and Order) Regulations, 1955, has not been exercised so far, and it is hoped that legitimate trade union disputes will not be exploited in a way which will make its exercise necessary.
  46. 138. The Essential Works Order prohibiting strikes in essential services, which has been in force since 1943, was extended in 1954 to include hotels and restaurants, following a series of general strikes for political motives in which, states the Government, it had become apparent that great hardship was being caused to the community at large by the closure under duress of these public services. The Government declares that the fact that the services affected are indeed " essential to the life of the community " is apparent from the list quoted in the allegation, that the definition of an " essential service " given in the Order is a guarantee that the list cannot be extended indefinitely as alleged, and that no further addition has been made since December 1954.
  47. 139. In the view of the Government, therefore, it is apparent that the right to strike in the case of a legitimate trade union dispute has not been denied, but that in the emergency conditions prevailing in Cyprus and in the light of past abuse of the right to call strikes it has been necessary both to limit such strikes strictly to matters concerning trade disputes, and to empower the Governor, in case political extremists should seek to abuse even this right for their own ends, to prohibit a strike ostensibly called in furtherance of a trade dispute if in fact it was intended to serve some other, unlawful, purpose.
  48. 140. The Government admits that it fully realises the far-reaching nature of the powers invested in the Governor under section 60 of the Emergency Powers Regulations and hopes that the terrorists' campaign of intimidation will not be directed against workers in essential works to an extent which will make necessary the widespread application of these powers. Identical provisions existed under the Defence Regulations in the United Kingdom during the war, and, in the view of the Government, the existence of similar powers is equally necessary in Cyprus at present to enable the Governor, should the need arise, to control employment " if it appears to him necessary or expedient for securing the public safety, or the maintenance of public order or for maintaining supplies and services essential to the life of the community ".
  49. 141. Regarding the particular allegation concerning the Hellenic Mining Company, the Government states that the proposed strike would have seriously affected the movement of important military stores and equipment and also have caused disruption to the services' building programme. An Order was accordingly issued by the Governor on 22 August 1956 prohibiting for the day of the strike any absence from work of workers employed on certain works and services of a naval, military or air force character. The prohibition did not extend to workers employed on ordinary civilian works of a non-military nature. The Government adds that this is the only occasion on which section 60 of the Regulations has been invoked.

B. B. The Committee's conclusions

B. B. The Committee's conclusions
  1. 142. The Government of the United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947, in respect of Cyprus.
    • General Observations
  2. 143. The Government of the United Kingdom has called attention to the fact that in 1955 a disturbed political situation grew up in Cyprus, attended by great tension, which led to the declaration of a state of emergency in November of that year. The state of emergency has been maintained since that time because, according to the Government, " a group of extremists seeking to further their political aims by violence plunged Cyprus into lawlessness and terrorism " and it has been necessary to take emergency measures " to protect the life and security of individuals and to restore general law and order ". The Government stresses further that, " as long as violence and terrorism continue, a state of emergency will probably have to be maintained and the Government will be obliged to exercise all necessary powers to eliminate terrorism and to maintain law and order ", which " inevitably means placing restrictions on the normal life of the community which affect all members of the community alike ".
  3. 144. The various allegations made in this case are all related to the prevailing political situation in Cyprus and to the situation of tension and danger in the island which is apparent. As the Committee recalled in its First Report, one of the responsibilities entrusted to it by the Governing Body is that of reporting that a case does not call for further examination if the Committee finds that the allegations made are so purely political in character that it is undesirable to pursue the matter further. On the other hand, the Committee indicated that allegations of political origin or presenting certain political aspects may raise questions directly concerning the exercise of trade union rights. In these circumstances the Committee considers, as it did in certain previous cases in which allegations were related to a situation of grave political tension giving rise to a state of siege or emergency, that it should confine itself to the purely trade union aspects of the case, while bearing in mind the principles recalled above and the general background of the political conditions prevailing in Cyprus.
  4. 145. Further, it should be observed that the political aspects of the situation in Cyprus have been considered by the Eleventh Session of the General Assembly of the United Nations, which adopted a resolution on the subject on 26 February 1957.
    • Allegations relating to the State of Emergency, Protests against the Deportation of Archbishop Makarios and Demands for Self -Determination in Cyprus
  5. 146. Several of the complainants and, in particular, the Famagusta and District Agricultural and General Workers' Trade Union, the Central Council of Trade Unions in the People's Republic of Bulgaria and the Pancyprian Federation of Labour, specifically criticise the proclamation of a state of emergency and call for its termination, declaring that, as a result, trade union rights and human and democratic rights generally have been restricted and infringed and difficulties of all kinds placed in the way of the functioning of the trade unions. The International Confederation of Free Trade Unions deplores, in particular, one of the measures taken during the period of emergency, namely the deportation of Archbishop Makarios, and calls for a policy which would grant the right of self-determination to the people of Cyprus.
  6. 147. The Government has asserted on several occasions in its reply that the proclamation of a state of emergency and the taking of subsequent measures have been dictated solely by the need to maintain public order and to combat terrorism and have at no time been aimed at trade unions in order to prevent them from carrying on legitimate trade union functions.
  7. 148. In these circumstances the Committee considers, as it did in certain previous cases with respect to general allegations concerning the effects of a state of siege or emergency or martial law, that the question of the state of emergency in itself presents a purely political aspect on which it is not called upon to express an opinion, but that it should, on the other hand, examine its effects solely from the aspect of freedom of association and trade union rights in respect of the specific allegations made by the complainants which are dealt with under subsequent heads in the Committee's report on this case.
  8. 149. The second point, the deportation of Archbishop Makarios referred to by the International Confederation of Free Trade Unions, on which the Government makes no comment in its reply, may similarly be regarded as a measure upon which the Committee is not called upon to express an opinion except in so far as it might be shown to involve questions affecting the exercise of trade union rights. In the present case, while protesting against the deportation of the Archbishop, the complainant makes no specific allegation that the deportation in itself involves any infringement of trade union rights.
  9. 150. With respect to the demand for self-determination for the people of Cyprus, it will be recalled that in a previous case relating to Cyprus the question of self-determination arose in connection with a trade union congress, the holding of which, as a public meeting, was not permitted by the Government because the subject of " Enosis " (union with Greece) was on its agenda and the discussion of that subject in those conditions was contrary to the sedition laws. The somewhat analogous question of possible detachment of portions of national territory was raised by the Governments of Iran, Pakistan and Greece in cases examined by the Committee when, in their replies, they explained why certain measures had been taken which had been alleged by the complainants in those cases to constitute infringements of trade union rights. In all the four cases referred to above, the Committee, applying the principle indicated in its First Report that allegations of political origin or presenting certain political aspects may raise questions directly concerning the exercise of trade union rights which it is competent to examine, considered the trade union aspects of the matter on which the allegations were based and made reservations of principle with respect to some of them, but came to the conclusion that the allegations were purely political in character. In the present case the question of self-determination for Cyprus is not associated by the complainant with any specific allegation of infringements of trade union rights, which the Committee, in accordance with precedent, might have considered it necessary to examine. Consequently, and again bearing in mind that self-determination is one aspect of the general question relating to Cyprus which, as mentioned earlier, has been the subject of a resolution at the Eleventh Session of the General Assembly of the United Nations, the Committee considers that the issue of self-determination raised in the present case is a political matter on which it is not appropriate for it to express an opinion.
    • Allegations relating to Curfew Regulations
  10. 151. It is alleged that curfews imposed under the Curfew Law seriously impede the normal functioning of trade unions. The Government states that the use of the curfew has been found necessary, in the present state of emergency, in order to help the authorities to prevent rioting and bloodshed and to maintain public order, that the curfew regulations apply equally to all members of the community, and that, if they cause some inconvenience to trade unions, this inconvenience is suffered by them in the same way as, and no more than, by all other sections of the community.
  11. 152. The Government declares that the imposition of a curfew, under the existing conditions in Cyprus, was a measure taken for the sole purpose of preserving law and order and was not specifically aimed at the activities of trade unions. The Committee considers, nevertheless, that a curfew, if unreasonably applied, might seriously curtail the exercise of trade union rights, but that the complainants have not offered sufficient evidence to show that the curfew regulations applicable to the whole community have in fact been so applied in the present case as to constitute an infringement of trade union rights. In these circumstances, subject to the reservation made above, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
    • Allegations relating to the Arrest and Detention without Trial of Trade Union Leaders and Members
  12. 153. Of the trade union leaders and members alleged to have been arrested and detained without trial, the Government states that 25 have been released and two have escaped, while there is no record of seven of those named having been detained. The Government admits that 24 of these persons are still detained, one since 17 August 1955 and the rest since 13 December 1955. Nine of them are officials of the Cyprus Workers' Confederation, all of whom, according to the Government, are known to have been implicated in terrorist activities, and 13 are officials of the Pancyprian Federation of Labour, and, the Government claims, active Communists concerned in acts prejudicial to public safety and order. Although detained without trial-and in the case of some of them who held more important trade union offices the Government states that witnesses cannot be brought to testify without endangering their lives, so that a trial has not been possible these persons, like all detainees under the Detention of Persons Law or the Emergency Regulations, have been informed, according to the Government, of the grounds for their detention and have enjoyed a right of appeal to an Advisory Committee, of which the chairman, so far as the Advisory Committee functioning under the Detention of Persons Law is concerned, was until recently a judge of the Supreme Court. The Government emphasises that no person has been detained on account of legitimate trade union activities, but that detention has been ordered only for unlawful activities not in any way connected with them.
  13. 154. In several previous cases which have come before the Committee, in which it was alleged that trade union officers or members had been preventively detained, the Committee has expressed the view that measures of preventive detention may involve a serious interference with the exercise of trade union rights which it would seem necessary to justify by the existence of a serious emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period, and that it should be the policy of every government to take care to ensure the observance of the rights of man, especially of the rights of all detained persons to receive a fair trial at the earliest possible moment.
  14. 155. In the present case the Government maintains that the introduction of preventive measures in Cyprus has been due to the existence of an emergency of an exceptional character. The Committee notes the Government's assertion that many of the leaders of the largest central trade union organisation in Cyprus who have been detained belonged to a political party which has been declared unlawful because of its implication in unlawful and terrorist activities. While recognising that the present circumstances in Cyprus may be exceptional and while noting the Government's statement that detainees have a right of appeal to a body which would appear to be quasi-judicial in character, the Committee nevertheless considers that it must reaffirm the importance which it has always attached in such cases to the guarantees of due legal process. In the past, moreover, where allegations that trade union leaders or workers have been arrested for trade union activities have been met by governments with statements that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings. The Committee notes the United Kingdom Government's explanations as to the various unlawful activities outside the normal sphere of trade union activity in respect of which, and solely in respect of which, it declares the persons in question to have been detained, and its statements that nearly half of the trade union personalities named have been released and that the reason that others in custody have not been tried is the danger to which witnesses would be exposed if they appeared in court. The Committee considers that holding persons indefinitely in custody without trial on account of the difficulty of securing evidence according to normal legal procedure is a practice which involves inherent danger of abuse and is for this reason subject to criticism. The Committee recommends the Governing Body to draw the attention of the Government to the importance which it attaches to the right of all detained persons to receive a fair trial at the earliest possible moment and to express the hope that the Government will bear this principle in mind and inform it in due course as to the legal or judicial proceedings which may be instituted in the case of those of the persons in question who are still in custody and as to the results of such proceedings.
    • Allegations relating to the Proscription of Trade Unions and Confiscation of Their Property
  15. 156. The only specific instance referred to by the complainants in support of this allegation is the case of the Cyprian Peasants' Federation (E.A.K), alleged to have been a trade union of small holders affiliated to the International Union of Trade Unions of Workers in Agriculture and Forestry (Trade Department of the W.F.T.U). The Government declares that this organisation, which it calls the Communist Farmers' Association, was never registered as a trade union and did not carry on the activities of a trade union, but was an association of farmers possessing small holdings which existed as a satellite organisation of the Reform Party of the Working People and was proscribed when the parent political party was proscribed under the Criminal Code for participation in unlawful and terrorist activities. The Government adds that no trade unions have been proscribed or had their property confiscated.
  16. 157. In these circumstances, the Committee considers that the complainants have not offered sufficient proof to show that trade union rights have been infringed in this connection and, therefore, recommends the Governing Body to decide that these allegations do not call for further examination.
    • Allegations relating to Closure and Searching of Trade Union Premises
  17. 158. It is alleged that, in several towns, trade union premises were searched by the police or the army and archives carried away, the premises being closed in some cases and damage being caused at the premises in Nicosia. The Government admits that several such searches were made, stating that, while regard has always been paid to the private nature of trade union records, trade union premises have been liable, like any other premises, to search in the event of reasonable suspicion of their being used for illegal purposes. The Government declares that there was abundant evidence that some trade union premises were being so used and points out that in some cases incriminating documents having no connection with trade union affairs were found and confiscated. Although some premises were closed, the Government states that this was a strictly temporary measure while the mass of documents was being examined and that in no case have trade union funds or legitimate trade union documents been confiscated. With respect to the alleged damage at the trade union premises in Nicosia, the Government explains that, while instructions have been given to exercise care in searching trade union premises so as to avoid damage and to ensure wherever possible that a representative of the trade union is present during the search, on the occasion in question the premises were unoccupied and the trade union could not be contacted in time, so that the searchers had to exercise the legal power of forcible entry provided for in such circumstances with respect to premises in general.
  18. 159. Having regard to the detailed explanations set forth above and to the Government's statement that a considerable number of the officers of the trade unions concerned have been detained because of their association with a proscribed political party or for unlawful acts outside the trade union sphere, the Committee notes the Government's statement that the premises concerned were being used for illegal or terrorist purposes and its assurances that no trade union funds or legitimate trade union documents were removed and that any closure of premises was strictly temporary until the searches were completed.
    • Allegations relating to the Proscription of Newspapers
  19. 160. The complainants allege that two daily and two weekly newspapers and a monthly magazine " of the women's organisation " were proscribed ; no specific statement is made to the effect that any of these were trade union publications. The Government, on the other hand, states specifically that none of the publications were trade union publications but that all of them were organs of a proscribed political party which promoted disorder and spread sedition on behalf of that party.
  20. 161. The Committee considers, as it stated in Case No. 125 relating to Brazil, that it is not called upon to examine questions affecting the freedom of the press in general, but that it is concerned only with questions related to the trade union press in particular, in the light of the principle which it has expressed on previous occasions, and especially in Case No. 101 relating to the United Kingdom-British Guiana ", " that the right to express opinions through newspapers or publications is certainly an essential element in trade union rights ". In that case, however, the Committee also expressed the view that trade union organisations, when issuing their publications, should have regard, in the interests of the development of the trade union movement, to the principles enunciated by the International Labour Conference at its 35th Session " for the protection and independence of the trade union movement and the safeguarding of its fundamental task of advancing the social and economic well-being of the workers ".
  21. 162. Having regard to the fact that the complainant has not specifically alleged that any of the proscribed newspapers were trade union publications and to the Government's definite assertion that they were not trade union publications but organs of a proscribed political party, the Committee considers that no sufficient evidence has been offered to show that the trade union right to issue publications dealing with occupational questions was infringed in this particular case.
    • Allegations relating to the Prohibition of Meetings
  22. 163. It is alleged that, by a Proclamation dated 26 November 1955, all meetings, including trade union meetings, were prohibited and that, in particular, permission was refused for the holding of a Pancyprian Conference of Municipal Workers and Employees on 27 November 1955, which was convened for the purpose of discussing purely trade union matters such as the formation of a federation of municipal workers' unions.
  23. 164. The Government states that the Emergency Powers Regulations do in fact permit of the prohibition of any assembly, irrespective of whether it is a trade union assembly or not, but that this measure has not yet been invoked for this purpose. Where assemblies have been prohibited, the Government declares, the prohibition has been ordered under normal legislation, also applicable to the community as a whole and not specifically to trade unions. The Government explains that, while under the present circumstances public meetings are a source of danger, generally no obstacle has been placed in the way of trade union meetings in trade union premises if the authorities have been satisfied that they were called for purely trade union purposes. With respect to the conference in question, states the Government, the local authorities, on the day immediately following the Proclamation, withheld permission because they were uncertain as to the position, but written authorisation for the conference to be held was given on 5 December 1955.
  24. 165. In many cases which have come before it the Committee has emphasised that the freedom of trade union meetings constitutes one of the fundamental elements of trade union rights. In Case No. 62 relating to the Netherlands, however, the Committee affirmed that, while the right of holding trade union meetings is a basic requisite of the free exercise of trade union rights, the organisations concerned must observe the general provisions relating uniformly to all public meetings and, subject to the same reservation of principle, the Committee recognised in Case No. 61 relating to Tunisia that a requirement of prior authorisation for meetings even of a trade union character may be legitimate in the case of public meetings during a state of siege. The Committee considers, therefore, that the enactment of emergency regulations empowering the Government to place restrictions on public meetings applicable not only to public trade union meetings but to all public meetings and occasioned by events which the Government considered so serious as to call for the declaration of a state of emergency, does not in itself constitute a violation of trade union rights. There remains the question whether any such violation has occurred in connection with the application of the regulations.
  25. 166. With respect to the refusal of permission for the holding of a particular trade union conference on 27 November 1955, the day after the declaration of a state of emergency, the Committee, bearing in mind the Government's explanation that so soon after that declaration the local authorities concerned were not sure how far the prohibition of assemblies was to be enforced, and its assurance that written permission was given on 5 December 1955 for the conference to be held, and also noting that the complainant has omitted to state whether the conference was to be held on trade union premises or not, considers that it would be purposeless to pursue this particular aspect of the matter further.
  26. 167. Finally, while the Government declares that the proclamation in question has been liberally interpreted in the case of private meetings and that generally no obstacle has been placed in the way of trade union meetings held on their own premises when the authorities have been satisfied that their only purpose was the discussion of legitimate trade union affairs, nevertheless the holding of meetings by trade unions on their own premises would appear to be subject to the discretion of the authorities. In Case No. 61 relating to events in Tunisia during a state of siege, the Committee, noting that a trade union meeting on trade union premises was prohibited because the authorities had specific reason for believing that the meeting would be used for political ends, recommended the Governing Body to decide that the allegations relating to restrictions on trade union meetings did not call for further examination. It came to this conclusion only after observing that trade union meetings were not subject to prior authorisation as alleged but only to notification of the meeting to the authorities concerned. In the present case, the Committee considers that if the Government were to exercise its full powers so as to prohibit trade union meetings on trade union premises simply because the authorities might not be satisfied that the discussions would be limited to what they regarded as legitimate trade union affairs, this might, in the absence of specially cogent reasons connected with public order making the prohibition justifiable in certain cases, infringe the principle that trade union organisations should have the right to meet in full freedom on their own premises without interference on the part of the authorities. In the absence of any specific evidence, however, that the Government has, apart from the somewhat special case dealt with in paragraph 166 above, actually used its powers to prohibit trade union meetings on trade union premises, the Committee, subject to the observations made above, recommends the Governing Body to decide that these allegations do not call for further examination.
    • Allegations relating to Interference with Picketing
  27. 168. It is alleged : (1) that eight pickets at Dhekelia posted during a strike of N.A.A.F.I employees in furtherance of occupational demands were arrested and driven to a point eight miles away before being liberated ; (2) that 11 pickets were arrested on 11 January 1956 when demanding the release of detained trade union leaders ; (3) that on 12 January 1956 N.A.A.F.I employees on a 48-hour strike were prohibited from posting pickets.
  28. 169. It is to be noted that the Government declares that the law of Cyprus permits picketing in connection with a lawful strike if it is exercised peaceably and in furtherance of a trade dispute.
  29. 170. With regard to the first point alleged, the Government states that the picketing was lawful and that the patrol effecting the arrests did so without authority. Having acknowledged that a mistake was made on the occasion in question, the Government states that it took steps to avoid a repetition of such an incident by warning the security forces not to interfere with lawful picketing. The Committee, while emphasising the importance that it attaches to the principle that pickets acting in accordance with the law should not be subject to interference by the public authorities, notes the steps taken by the Government in order to avoid any repetition of such an interference with lawful picketing.
  30. 171. With respect to the second point, the Government states that the allegation is too vague to enable it to verify the precise incident to which reference is made. The Government points out, however, that pickets organised other than in furtherance of a trade dispute have been arrested, on occasions, not as pickets but as participants in an unlawful public assembly, and that if the pickets concerned in the allegation were sent out to demand the release of detainees this could hardly be regarded as picketing in furtherance of a trade dispute. The evidence of both parties in the case would seem to imply that the persons concerned were publicly demonstrating in protest against a measure taken under the regulations in force and so rendered themselves liable to arrest as participants in a public assembly prohibited under those regulations, and that they cannot therefore claim immunity as pickets acting peaceably in furtherance of a trade dispute. In these circumstances the Committee considers that, with respect to this particular instance, the complainants have not offered sufficient evidence to show that trade union rights were infringed.
  31. 172. With regard to the third point, also, the Government states that the complainant is not sufficiently precise to enable the point alleged to be investigated. Although a specific date is given the Committee notes that the complainant does not say at which particular place or at which of the many N.A.A.F.I stores the alleged incident took place. In this particular instance, therefore, the Committee considers that the allegation is too vague to enable an examination of it to be made on its merits.
    • Allegations relating to Abrogation of the Right to Strike and to Powers to Control Employment
  32. 173. It is alleged, firstly, that hotels and restaurants have been added to the list of essential undertakings (including bakeries, electricity and drinking water supply services, hospitals, telecommunications, docks and civilian employment on R.A.F aerodromes) in which strikes are prohibited-a list which, it is claimed, can be extended indefinitely ; secondly, that under the Emergency Powers Regulations all strikes are illegal except when they are regarded as having " no other object than the settlement of a labour dispute " ; thirdly, that the Governor can prohibit a strike even when it is not illegal in order to prevent the interruption of work ; fourthly, that " under section 60 of the Emergency Powers Regulations " the Governor may assign any person to any task specified by him on terms and conditions determined by himself and may prohibit workers formally from absenting themselves from work or from arriving late for work on several consecutive occasions ; fifthly, that a strike called by three of the central trade union organisations in support of a strike of mineworkers was banned by a special Order.
  33. 174. The Government declares that, after there had been general strikes for political purposes, accompanied by serious intimidation of those who were unwilling to take part in them, it took certain measures to ensure law and order. The Emergency Powers Regulations outlawed all strikes the objects of which were not confined to the furtherance of a trade dispute. The Governor also has power to prohibit even a strike in furtherance of a trade dispute, although this particular power is stated not to have been exercised so far. The Government admits that strikes in essential undertakings are prohibited as alleged, but denies that the list can be extended indefinitely.
  34. 175. The Government admits that powers to control employment under section 60 of the Emergency Powers Regulations (identical with powers taken under the Defence Regulations in the United Kingdom during the war) are far-reaching, but hopes that workers in essential employment will not be intimidated so as to make widespread use of these powers necessary, although, if the need arose, the powers would be used in order to maintain public safety or public order or supplies and services essential to the life of the community. In fact, declares the Government, these powers have been used once only-with respect to the proposed strike in sympathy with employees of the Hellenic Mining Company mentioned by the complainants. An Order was made pursuant to section 60 prohibiting on the day on which it was proposed to call a strike any absence from work of workers employed on certain works and services of a naval, military or air force character ; the prohibition did not extend to workers employed on ordinary civilian works of a non-military nature.
  35. 176. In a number of cases the Committee has thought it appropriate to point out that in most countries strikes are recognised as a legitimate weapon of trade unions in furtherance of their members' interests so long as they are exercised peacefully and with due regard to temporary restrictions placed thereon. In particular, the Committee has observed that in the case of essential services strikes may be temporarily restricted until existing means of negotiation, conciliation or arbitration have been exhausted, but that limitation of the right to strike in essential services involves the corollary of satisfactory alternative arrangements for the redress of grievances ; the Committee has always stressed the importance which it attaches in such cases to ensuring adequate guarantees to safeguard to the full the interests of the workers thus deprived of an essential means of defending occupational interests.
  36. 177. The Government points out that certain of the measures now restricting strikes in Cyprus were the result of the occurrence of serious political strikes or strikes to coerce the Government or the community-the restriction of which types of strike the Committee has already regarded as not constituting an infringement of trade union rights. It is also true that the Committee, in Case No. 73 relating to the United Kingdom (British Honduras), held that under wartime legislation of any country engaged in hostilities it may be necessary for trade unions, like other collectivities or individuals, to accept the placing of greater restrictions on their freedom of action than is normally the case under peacetime legislation, and may consider that a situation of such an exceptional character as now appears to exist in Cyprus may in many ways be similar, in this connection, to that in a country engaged in declared hostilities. Nevertheless, there is no evidence before the Committee to show what machinery is available for the settlement of disputes and the safeguarding of the interests of the workers deprived of the right to strike in furtherance of an occupational dispute by virtue of the legislation applicable in the case of essential undertakings and services, the further power to prohibit under section 61 of the Emergency Powers Regulations even strikes which are otherwise lawful, and the power to control employment under section 60 of the Regulations which, as the Government states, has on one occasion been used to prohibit a proposed strike. In these circumstances, bearing in mind that even under the wartime legislation restricting strikes considered in the case relating to British Honduras mentioned above there was provision for compulsory arbitration, the Committee considers that, before it formulates its final recommendations on this aspect of the case to the Governing Body, it should, while thanking the Government for the observations which it has already forwarded, request it to be good enough to furnish information as to what machinery for the conciliation or arbitration of disputes or other safeguards of the interests of the workers are available in the event of a strike being prohibited under the Essential Works Order or sections 61 or 60 of the Emergency Powers Regulations respectively.

The Committee's recommendations

The Committee's recommendations
  1. 178. In all the circumstances, the Committee recommends the Governing Body:
    • (a) to decide:
    • (i) that the allegations relating to the state of emergency, protests against the deportation of Archbishop Makarios and demands for self-determination in Cyprus relate to political matters and, accordingly, do not call for further examination ;
    • (ii) that, with respect to the allegations relating to the proscription of trade unions, the confiscation of their property and the curfew regulations, the complainants have not offered sufficient proof to show that trade union rights have been infringed, and that these allegations, therefore, do not call for further examination ;
    • (b) to note, with respect to the allegations relating to closure and searching of trade union premises, the statement of the authorities that they had reasonable grounds for suspecting that the premises concerned were being used for illegal or terrorist purposes and the assurances given by the Government that no trade union funds or legitimate trade union documents were removed and that any closure of premises was strictly temporary until the searches were completed, and, in these circumstances, to decide that these allegations do not call for further examination ;
    • (c) to note, with respect to the allegations relating to the proscription of newspapers, that no sufficient evidence has been offered to show that the trade union right to issue publications dealing with occupational questions was infringed in this case, and to decide that these allegations, therefore, do not call for further examination ;
    • (d) to draw the attention of the Government, with respect to the allegations relating to the prohibition of meetings, to the importance which it attaches to the principle that the freedom of trade union meetings constitutes one of the fundamental elements of trade union rights and to its view that, if the Government were to exercise its full powers so as to prohibit trade union meetings on trade union premises simply because the authorities might not be satisfied that the discussions would be limited to what they regarded as legitimate trade union affairs, this might, in the absence of specially cogent reasons connected with public order making the prohibition justifiable in certain cases, infringe the principle that trade union organisations should have the right to meet in full freedom on their own premises without interference on the part of the authorities ; to decide, however, in the absence of any specific evidence that the Government has, apart from the somewhat special case dealt with in paragraph 166 above, actually used its powers to prohibit trade union meetings on trade union premises, that, subject to the observations made above, the allegations do not call for further examination ;
    • (e) with respect to the allegations relating to interference by the security forces with picketing permitted by law, to note the Government's assurance that, after there had been such interference in one case mentioned in the allegations, it took steps to avoid a repetition of such an incident by warning the security forces not to interfere with lawful picketing ; to note, with respect to the second case of alleged interference with pickets, that the complainants have not offered sufficient evidence to show that trade union rights were infringed, and that, with respect to a third case, the allegation is too vague to enable an examination of it to be made on its merits ;
    • (f) to note, with respect to the allegations relating to the arrest and detention without trial of trade union leaders and members, that a number of trade union leaders are still detained, and, while recognising that the circumstances in Cyprus maybe exceptional, to draw the attention of the Government to the importance which it attaches to the right of all detained persons to receive a fair trial at the earliest possible moment and to express the hope that the Government will bear this principle in mind and will inform the Governing Body in due course as to the legal or judicial proceedings which may be instituted in the case of those of the persons in question who are still in custody and as to the results of such proceedings ;
    • (g) to take note of the present interim report with respect to the allegations relating to abrogation of the right to strike and powers to control employment, it being understood that the Committee will report further to the Governing Body on these questions when it has received further observations thereon from the Government of the United Kingdom.
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