Interim Report - Report No 62, 1962

Case No 289 (Senegal) - Complaint date: 23-MAR-62 - Closed

1. 202. By a communication dated 23 March 1962, the W.F.T.U submitted directly to the I.L.O a complaint of infringement of freedom of association by the Government of Senegal.
2. 203. The complaint was transmitted to the Government, for its observations, by a communication dated 2 April 1962.
3. 204. The Government replied by a letter dated 19 May 1962.
4. 205. Senegal has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 206. The W.F.T.U alleges that Mr. Abdoulaye Thiaw, an officer of the autonomous unions of Senegal, was arbitrarily arrested at Dakar on 6 January 1962. According to the complainants the reason for this arrest was the fact that the person concerned had attended the Fifth World Trade Union Congress in Moscow.
2. 207. The complainants allege further that the Government intends to bring Mr. Abdoulaye Thiaw before a special tribunal, pursuant to a law of 16 September 1961.
3. 208. In its reply dated 19 May 1962 the Government admits the arrest of the person concerned.
4. 209. But the reason for the arrest, declares the Government, had no connection whatever with the trade union activities of Mr. Abdoulaye Thiaw or with the fact that he attended the Fifth World Trade Union Congress. In support of this contention, the Government points out-as do the complainants themselves-that several other Senegalese trade unionists attended the Congress but have not been troubled.
5. 210. For some time, states the Government, Mr. Abdoulaye Thiaw had been suspected of anti-national activity. He was arrested when he returned from the U.S.S.R, and a considerable sum of money in dollars and documents establishing his anti-national activity were found in his possession.
6. 211. Mr. Abdoulaye Thiaw is now being prosecuted on two counts: fraudulent importation of foreign exchange; and activities calculated to endanger public security, to foment disturbance, to discredit national political institutions and to incite citizens to break the national laws. To answer the second charge the person concerned will appear before the tribunal responsible for dealing with activities of such a nature.

B. B. The Committee's conclusions

1. 212. In the past the Committee has followed the practice of not proceeding to examine matters which are the subject of pending national judicial proceedings where such proceedings may make available information of assistance to the Committee in appreciating whether or not allegations are well-founded.

The Committee's recommendations

1. 213. In accordance with that practice the Committee recommends the Governing Body to request the Government-which indicates in its reply that it is ready to furnish the Committee and the Governing Body with any further information they may wish-to be good enough to inform the Governing Body as to the outcome of the proceedings instituted before the national tribunals and, in particular, to furnish the text of the judgment given and of the reasons therefor set forth therein.
   • Geneva, 28 May 1962. (Signed) Henry HAUCK, Chairman.