Interim Report - Report No 51, 1961

Case No 233 (France) - Complaint date: 19-MAY-60 - Closed

1. 72. In a communication dated 19 May 1960, addressed directly to the I.L.O, the W.F.T.U made a complaint of infringement of freedom of association containing allegations that trade union rights had been violated in the Republic of the Congo. The complainants were informed by a letter dated 30 May 1960 of their right to submit within one month additional information in support of their complaint. They did not avail themselves of this right. The complaint of the W.F.T.U was communicated to the French Government for observations in a letter dated 27 May 1960, in which it was pointed out that the case fell within the category of cases to the consideration of which priority is accorded by the Committee and the Governing Body. In a communication dated July 1960 the C.G.A.T made a complaint to the I.L.O on the same subject. The C.G.A.T was informed on 26 July of its right to submit additional information in support of its complaint, but has not availed itself of this opportunity. The complaint of the C.G.A.T was communicated to the Government for observations in a letter dated 27 July 1960. In a communication dated 8 August 1960 the French Government transmitted to the Office the observations of the Government of the Republic of the Congo concerning the allegations made against the latter.
2. 73. On becoming a Member of the International Labour Organisation on 10 November 1960, the Government of the Republic of the Congo stated that it recognises that the Republic of the Congo remains bound by the obligations of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the provisions of which had formerly been declared applicable by France to French Equatorial Africa.

A. A. The complainants' allegations

• Allegations relating to the Search of Trade Union Premises
  74. 74 The complainants allege that in May 1960 the offices of the African General Confederation of Labour were searched and that the police seized the documents of the Confederation. It is also alleged that the headquarters of the C.G.A.T. were put under seal.
  75. 75 In its reply, the Government does not deny having carried out the search which is complained of. It points out, however, that the search was ordered because, in the Employment Exchange, in the premises put at the disposal of trade union organisations by the municipality of Brazzaville, the C.G.A.T shared its offices with a political organisation, the Union of Congolese Youth affiliated to the World Federation of Democratic Youth, which sought by illegal methods to disturb public order and infringe state security.
  76. 76 The Government states that the purpose of the search by the police, carried out on the basis of a magistrate's rogatory commission, was to find documents belonging to the Union of Congolese Youth, the Government having reason to believe that there was collusion between this political organisation and the C.G.A.T. It states that the search confirmed its suspicions and that the documents which were taken away prove that the two organisations are commingled since, it states, " the files contain documents of both organisations without distinction ".
  77. 77 The Government states that the C.G.A.T as such has never been interfered with in any way and that its trade union branches continue to carry out their task of defence of the workers' interests. It is the fact that this organisation thought fit not only to harbour a political organisation but even to support it by all means in its power that compelled the judicial authorities to take provisional possession of its records. The Government points out that the premises of the other trade union federations have not been the subject of any proceedings or search and states that the C.A.T.C and the C.A.S.L have never been bothered, likewise the independent trade unions.
  78. 78 The Government states that the Union of Congolese Youth used not only the C.G.A.T headquarters but also its headed paper for its international relations, and in particular to request funds for the development of its activities from international Communist organisations and the French Communist Party. This statement by the Government would appear to be confirmed by a photocopy supplied by the Government of a letter addressed to the French C.G.T which states, inter alia, " We have decided to ask the French Communist Party, in spite of the present difficulties being suffered by the French working class, for financial aid, the amount of which we leave it to decide itself. We also know that since the establishment of the C.G.A.T it has also provided technical and material assistance, but we thought it best to work through the C.G.T, which knows us best, in dealing with the French Communist Party. The first thing we need is assistance to start a party newspaper. Once questions of principle have been settled, the means of transferring such assistance can be decided later. "
  79. 79 It also appears from this letter that the C.G.A.T did not in fact intend to confine itself to purely trade union activities. The signatory of the letter, Mr. Julien Boukambou, General Secretary of the C.G.A.T, writes as follows: " It is no longer possible for us to carry out the struggle on the trade union level alone, and we have decided to sacrifice two of our militants and to make them responsible for the creation of a political party....
  80. 80 It would indeed seem to follow from the Government's explanations and the proofs it supplies in support of its statements that the search of the C.G.A.T headquarters, which was directed rather at the political movement harboured by the C.G.A.T than at the C.G.A.T itself, was not an infringement of trade union rights as such. In these circumstances, and having regard to the fact that in its reply the Government adds to the statements quoted above that the C.G.A.T has retained not only its legal existence but also all its means of action, the legal headquarters of the organisation having been transferred in April to the home of one of its leaders, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
  81. 81 In addition, since it would appear that the C.G.A.T has carried out, or at least contemplated, political activities of a scope exceeding that which is normally connected with the occupational activities of trade unions, the Committee considers it appropriate, as it has done in similar circumstances, to recommend the Governing Body to express the view that, in the interest of the normal development of the trade union movement in the Republic of the Congo, it would be desirable for the parties concerned to have regard to the principles enunciated in the resolution adopted by the International Labour Conference at its 35th (1952) Session that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers and that when trade unions, in accordance with national law and practice of their respective countries and at the decision of their members, decide to establish relations with a political party or to undertake political action as a means towards the advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions irrespective of political changes in the country.
• Allegations relating to the Arrest of Trade Union Leaders
  82. 82 The complainants allege that after a strike called on 2 May 1960 by the Water and Electricity Company workers with the active support of the various trade union organisations-C.A.T.C. (I.F.C.T.U), C.A.S.L. (Force Ouvrière) and C.G.A.T (W.F.T.U) Mr. Julien Boukambou, General Secretary of the C.G.A.T, was arrested on 10 May, together with Mr. Tauley Nganga, Mr. Matsika Aimé and Mr. Deoudi Ganga, all three officers of the Confederation.
  83. 83 In its reply the Government admits the arrest of Mr. Boukambou, Mr. Tauley, Mr. Matsika and Mr. Ganga, but denies that the arrests had any connection with the strike of the Water and Electricity Company workers. In support of this statement the Government affirms that none of the officials of the company or trade unions who had taken part in the strike were disturbed, except for the C.G.A.T.; that the strike continued after the police operations complained of; that negotiations between the workers, the employers and the Government were never broken off; and that the strike concluded with a joint agreement.
  84. 84 The Government states that it is not as trade union leaders that the persons concerned were arrested but as the promoters of a political movement known under the title of Union of Congolese Youth, which the Government states, as has been seen above, to be disturbing law and order and infringing state security by illegal means.
  85. 85 From the Government's explanations analysed in the two preceding paragraphs, and from the statements in paragraphs 75 to 80 above concerning the search in the C.G.A.T headquarters, it would appear that the C.G.A.T and its leaders, perhaps alongside authentic trade union activities, were engaged in political activities outside the normal scope of action in defence of the occupational interests of their members. On this basis it might have seemed possible for the Committee to recommend the Governing Body to decide that in the absence of proof of infringement of freedom of association this aspect of the case does not call for further examination.
  86. 86 However, in its reply the Government states that the matter is at present the subject of judicial examination " by magistrates who are free and completely masters of their own decisions ". In all past cases where a matter has been the subject of pending proceedings by a national judicial body and where these proceedings are attended by proper guarantees of due process of law, the Committee, considering that the resulting decision might make available information of assistance to it in evaluating allegations, has decided to adjourn the examination of the case until it is in possession of the result of those proceedings.,
  87. 87 In the present case the Committee, following its usual practice, has requested the Director-General to obtain information from the Government on the results of the judicial examination proceedings relating to this matter, and has adjourned its examination of this aspect of the case pending receipt of this information.
• Allegations relating to the Confiscation of the Passport of a Trade Union Leader Wishing to Go Abroad on Trade Union Business
  88. 88 The complainants allege that Mr. Julien Boukambou's passport was withdrawn by the police when, in connection with the celebration of I May, he wished to go abroad on trade union business.
  89. 89 While the Government does not in its reply make any observations on this subsidiary allegation, it may be supposed, since the person concerned was suspected of the subversive political activities described above, that the Government sought by means of the measure complained of to ensure that he could not leave national territory.
  90. 90 In these circumstances the Committee considers, having regard to the information available which is described in paragraphs 74 to 80 and 82 to 85 above, that the complainants have not furnished proof that the confiscation of Mr. Boukambou's passport in this instance was an infringement of trade union rights, and recommends the Governing Body to decide that this aspect of the case does not call for further examination but to recall, while recognising that the refusal to grant a passport is a matter for the sovereignty of a State, that the right of national workers' organisations to affiliate to international workers' organisations, a right which constitutes an important aspect of freedom of association, normally carried with it the right for representatives of national organisations to participate in the work of the international organisations to which their organisations are affiliated.,

The Committee's recommendations

1. 91. In these circumstances the Committee recommends the Governing Body:
   • (a) in respect of the allegations relating to the search of trade union premises:
   • (i) to decide, for the reasons given in paragraphs 74 to 80 above, that this aspect of the case does not call for further examination;
   • (ii) to express the view that in the interest of the normal development of the trade union movement in the Republic of the Congo, it is desirable that the parties concerned should have regard to the principles enunciated in the resolution adopted by the International Labour Conference at its 35th (1952) Session that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers and that when trade unions in accordance with national law and practice of their respective countries and at the decision of their members decide to establish relations with a political party or to undertake political action as a means towards advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions irrespective of political changes in the country;
   • (b) in respect of the allegations relating to the confiscation of the passport of a trade union leader wishing to go abroad on trade union business:
   • (i) to recall, while recognising that the refusal to grant a passport is a matter within the sovereignty of a State, that the right of national workers' organisations to affiliate to international workers' organisations, a right which constitutes an important aspect of freedom of association, normally carried with it the right for representatives of national organisations to participate in the work of the international organisations to which their organisations are affiliated and that it is desirable that full freedom be given to them for this purpose;
   • (ii) to decide nevertheless, in view of paragraphs 74 to 80, 82 to 85 and 88 to 90 above, that this aspect of the case does not call for further examination;
   • (c) to take note of the present interim report of the Committee in respect of the allegations relating to the arrest of trade union leaders, it being understood that the Committee will report further thereon when it has received additional information requested from the Government.
     • Geneva, 16 November 1960. (Signed) Roberto AGO, Chairman.