304. The complaints contain three series of allegations: one series relating to executions and threats of execution of trade union leaders in October-November 1965, the second and third series, part of which may have been superseded by the very serious present situation, relating to arrests and threatened executions in 1964 and to the murder of four trade unionists in January 1962.
- 304. The complaints contain three series of allegations: one series relating to executions and threats of execution of trade union leaders in October-November 1965, the second and third series, part of which may have been superseded by the very serious present situation, relating to arrests and threatened executions in 1964 and to the murder of four trade unionists in January 1962.
A. A. The complainants' allegations
A. A. The complainants' allegations
- Allegations relating to Executions and Threats of Execution of Trade Union Leaders in October-November 1965
- 305 In a cable dated 2 November 1965 the Secretary-General of I.F.C.T.U stated that Mr. Niyirikana, President of the Burundi Christian Trade Union, and Mr. Mayondo, counsellor of that organisation, had been executed on 25 October 1965 at Bujumbura, without trial, and that other trade union leaders had been placed on a list of persons to be executed. His Federation asked the Director-General to intervene urgently on behalf of other leaders who, it contended, were also to be executed.
- 306 Immediately upon receipt of this cable, on 3 November 1965, the Director-General despatched a cable to the Prime Minister of Burundi in which, after indicating the contents of the cable received from I.F.C.T.U, he stated that, in accordance with the existing procedure, the complaint would be brought to the notice of the Committee on Freedom of Association set up by the Governing Body for the purpose of examining such complaints in accordance with the procedure established at the request of the United Nations. The Director-General informed the Prime Minister that the Committee would meet on 8 November, but said that he felt obliged to draw the matter to the personal attention of the Prime Minister without delay, and that he would keenly appreciate receiving information on the matter.
- 307 No reply to his cable dated 3 November 1965 has been received by the Director-, General from the Prime Minister of Burundi.
- 308 The Committee has always attached the greatest importance to the right of all detained persons to receive a fair trial at the earliest possible moment. At the present moment it has before it allegations of executions and threatened executions of trade union leaders with complete disregard for the principle of fair trial.
- 309 In these circumstances the Committee recommends the Governing Body:
- (a) to draw the attention of the Government of Burundi to the importance which it has always attached to the right of all detained persons to receive a fair trial by an impartial and independent judicial authority at the earliest possible moment;
- (b) to express its grave concern in view of the allegations it has before it concerning executions and threatened executions of trade union leaders in Burundi without trial;
- (c) to urge the Government to furnish to the Governing Body, as a matter of special urgency, its observations on the matters raised in the cable from I.F.C.T.U dated 2 November 1965 which the Director-General brought to the personal attention of the Prime Minister of Burundi in a cable dated 3 November 1965.
- Allegations relating to Arrests and Threatened Executions of Trade Union Leaders in 1964
- 310 Earlier complaints were received from I.F.C.T.U dated 13 May, 10 July and 23 October 1964.
- 311 The essence of the allegations in the first two complaints was that, in July 1964, Mr. Mayondo and certain other trade unionists were in Rwanda but that several leading and active members of the Burundi Christian Trade Union were in prison in Burundi, including the following eight persons: Messrs. Gabriel Gegera, Mathieu Ntahomarikiye, Léon Monwangari, Lucien Nahinana, Uoachim Baridwegur, Venant Ntwenga, Emile Nigere, Anaclet Burundi.
- 312 The complaint dated 23 October 1964 expressed fears that six trade unionists, including Messrs. Ntwenga and Burundi, were about to be executed.
- 313 After having failed to reply to six separate requests to furnish its observations on these complaints, the Government, in a letter dated 8 September 1965, states that the circumstances of the case are " in no way of general significance " and that " the persons concerned in the complaint have been dealt with not as trade unionists but as individual persons ". The Government considers that " it would therefore be desirable for this case to be closed without further action, thereby putting an end to the interminable correspondence which has already been exchanged in this connection ".
- 314 The Committee has pointed out in many cases in the past that, where allegations that trade union leaders or workers have been arrested or detained on account of trade union activities for reasons of internal security or for common law crimes, the Committee has always followed the rule that the governments concerned should be requested to submit further information as precise as possible concerning the arrests or detentions and the exact reasons therefor.
- 315 In particular, the Committee, in view of the importance it has always attached as the right of all detained persons to receive a fair trial at the earliest possible moment, h always followed the practice in such cases of requesting governments to be good enough to inform it whether legal proceedings had been instituted against the persons concerned and, if so, to furnish copies of the judgments given and of the reasons adduced therein.
- 316 In the present case the Government appears to consider that a very brief and general reply which it has made is sufficient.
- 317 In this connection the Committee has pointed out, in certain past cases in which governments have sought to maintain that a reply in general terms to the effect that detentions of trade unionists have been due to unlawful or subversive activity and not to their trade union activities should be regarded by the Committee as adequately substantiated, that the question as to whether the matter in respect of which sentences have been imposed or detentions ordered is to be regarded as a matter relating to a criminal offence or a matter relating to the exercise of trade union rights is not one which can be determined unilaterally by the government concerned, in such a manner as to prevent the Governing Body from inquiring into it.
- 318 The Committee draws special attention to the resolution concerning freedom of association and protection of the right to organise adopted by the First African Regional Conference of the International Labour Organisation (Lagos, December 1960). Paragraph 7 of this resolution:
- Requests the Governing Body of the International Labour Office to invite governments in respect of whose countries complaints may be made to the Governing Body Committee on Freedom of Association to give their wholehearted co-operation to that Committee, in particular by replying to requests for observations made to them and by taking the fullest possible account of any recommendations which may be made to them by the Governing Body following examination of such complaints;
- and paragraph 8:
- Requests the Governing Body to accelerate as far as possible the procedure of its Committee on Freedom of Association and to give greater publicity to the conclusions of that Committee, particularly when certain governments refuse to co-operate loyally in the consideration of complaints submitted against them.
- 319 In these circumstances the Committee recommends the Governing Body:
- (a) to draw the attention of the Government to the fact that the question as to whether the matter in respect of which sentences have been imposed on trade unionists or detentions ordered is to be regarded as a matter relating to a criminal offence or a matter relating to the exercise of trade union rights is not one which can be determined unilaterally by the government concerned, in such a manner as to prevent the Governing Body from inquiring further into it;
- (b) to request the Government to be good enough to furnish, as a matter of urgency, information as to the exact reasons for the detentions of the persons referred to in the complaints dated 10 July and 23 October 1964 and as to their present situation, and to state whether legal proceedings have been instituted against any of the persons concerned and, if so, to furnish copies of the judgments given and of the reasons adduced therein;
- (c) to draw the attention of the Government to the importance which should be attached to the resolution adopted by the First African Regional Conference of the International Labour Organisation (Lagos, December 1960), and in particular to paragraphs 7 and 8 of the resolution cited in paragraph 318 above.
- Allegations relating to the Murder of Four Trade Unionists in January 1962
- 320 In their communications of January and February 1962 the complainants alleged that on 15 January 1962 four trade unionists, Messrs. Nduwabike, Ndinzurwaha, Ntaymerijakiri and Baravura, had been assassinated at Usumbura. They allege that these murders were committed by youth members of the Uprona Party at the instigation of the authorities.
- 321 When these complaints were presented, as Belgium was responsible for the international relations of Burundi, the request for observations was addressed to the Belgian Government. On 4 April 1962 the Belgian Government replied stating that as soon as the facts were known immediate measures were taken and some 20 suspects were arrested.
- 322 The Committee, and then the Governing Body, asked to be kept informed of the results of the inquiry undertaken. Burundi meanwhile having gained independence and become a Member of the I.L.O, this request was addressed to the Government of Burundi, for the first time, by a letter dated 9 April 1963. This request was repeated no less than 14 times without any reply ever being received by the I.L.O.
- 323 In these circumstances, while recognising that the events in question are now a matter of the past, as they took place in January 1962, the Committee recommended the Governing Body to draw the attention of the Government to the importance which should be attached to the resolution adopted by the First African Regional Conference of the I.L.O and, in particular, to the paragraphs of that resolution cited in paragraph 318 above.
The Committee's recommendations
The Committee's recommendations
- 324. In these circumstances the Committee recommends the Governing Body:
- (a) to draw the attention of the Government of Burundi to the importance which the Governing trial fair Body has always attached to the right of all detained persons to receive a by an impartial and independent judicial authority at the earliest possible moment;
- (b) to express its grave concern in view of the allegations it has before it concerning executions and threatened executions of trade union leaders in Burundi without trial;
- (c) to urge the Government to furnish to the Governing Body, as a matter of special urgency, its observations on the matters raised in the cable from I.F.C.T.U dated 2 November 1965 which the Director-General brought to the personal attention of the Prime Minister of Burundi in a cable dated 3 November 1965;
- (d) to decide, with regard to the allegations relating to arrests and threatened executions of trade union leaders in 1964:
- (i) to draw the attention of the Government to the fact that the question as to whether the matter in respect of which sentences have been imposed on trade unionists or detentions ordered is to be regarded as a matter relating to a criminal offence or a matter relating to the exercise of trade union rights is not one which can be determined unilaterally by the government concerned, in such a manner as to prevent the Governing Body from inquiring further into it;
- (ii) to request the Government to be good enough to furnish, as a matter of urgency, information as to the exact reasons for the detentions of the persons referred to in the complaints dated 10 July and 23 October 1964 and as to their present situation, and to state whether legal proceedings have been instituted against any of the persons concerned and, if so, to furnish copies of the judgments given and of the reasons adduced therein;
- (e) to draw the attention of the Government to the importance which should be attached to the resolution adopted by the First African Regional Conference of the I.L.O. (Lagos, December 1960) and, in particular, to paragraphs 7 and 8 of that resolution which are cited in paragraph 318 above.
