Report in which the committee requests to be kept informed of development - Report No 41, 1960

Case No 152 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 19-SEP-56 - Closed

1. 196. When the Committee examined this case at its 18th Session (Geneva, October 1957), it made certain recommendations to the Governing Body in its 27th Report, which the Governing Body approved at its 137th Session (Geneva, October-November 1957). In particular, with respect to certain allegations in the complaints relating to arrests or restrictions on the movements of trade union leaders, the Committee recommended the Governing Body:
   • to request the Government to furnish information as to what judicial safeguards are available to the trade union officers whose movements are restricted, including information as to the nature of the Advisory Committee referred to in the Government's latest reply, and the extent to which measures are being taken or are envisaged to lift the restrictions so that such trade union officers may resume their trade union functions in full freedom.

A. A. The complainants' allegations

1. 197. At its 19th Session (Geneva, February 1958) the Committee had further information from the Government before it, and noted from the Government's reply that the procedure followed in Northern Rhodesia afforded judicial safeguards by providing for an inquiry of a judicial character into cases involving restriction orders. The Committee concluded:
   • The Government's reply does not, however, indicate how far the relaxation of restriction orders as the result of such inquiry has permitted any of the trade union leaders in question to return to the areas in which they normally carried on their trade union activities. In these circumstances the Committee, considering that over a year has elapsed since the ending of the state of emergency, recommends the Governing Body to request the Government to indicate how far the relaxation of the restrictions has permitted the trade union officers concerned to resume their trade union functions in full freedom.
2. 198. At its 20th Session (Geneva, November 1958), the Committee had before it a communication dated 30 October 1958, in which the Government of the United Kingdom stated that the number of restriction orders in force, which was originally 53, had then been reduced to 33, of which 14 were suspended subject to good behaviour on the part of those concerned, the remaining orders continuing in force. The Government did not specify how the 28 union officials referred to in the complaints were divided among these different categories, nor did it state whether those officials in the case of whom restriction orders had been cancelled had thereupon been enabled to resume their trade union functions in full freedom. The Committee recommended the Governing Body:
   • (a) to express the hope that it will be possible to relax the restriction orders still in force at an early date, so as to permit of all the trade union officers concerned resuming their trade union functions in full freedom ;
   • (b) to request the Government to be good enough to continue to keep the Governing Body informed of any developments in this connection.
3. 199. The Committee now has before it a letter from the Government of the United Kingdom stating that, as at 13 October 1959, the number of restriction orders in being in respect of trade union officials and members had been reduced to 11, the operation of one of these has been suspended since September 1958 subject to good behaviour on the part of the person concerned. The Government adds that the persons to whom the ten orders still in operation apply are subject to varying degrees of restriction on their freedom of movement, but that these orders continue to be kept under constant examination and will be relaxed whenever it is considered that this can safely be done without danger to public order and good government.

The Committee's recommendations

1. 200. In these circumstances the Committee recommends the Governing Body:
   • (a) to note the Government's statement that the number of restriction orders in force in respect of the 28 trade union officials or members named in the complaints has been reduced to 11, one of these having been suspended subject to good behaviour on the part of the person concerned;
   • (b) to express the hope that it will be possible to relax the ten restriction orders still in force at an early date, so as to permit of all the trade union officers concerned resuming their trade union functions in full freedom;
   • (c) to request the Government to be good enough to keep the Governing Body informed of any developments in this connection.
     • Geneva, 12 November 1959. (Signed) Paul RAMADIER, Chairman.