Informe provisional - Informe núm. 26, 1957

Caso núm. 136 (Reino Unido de Gran Bretaña e Irlanda del Norte) - Fecha de presentación de la queja:: 29-DIC-55 - Cerrado

1. 112. The Committee, at its 16th Session (Geneva, February 1957), had before it a series of complaints contained in the following communications from various trade union organisations in respect of all of which it had received the observations of the Government of the United Kingdom : 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. In addition, the Committee was informed of the receipt of a further communication dated 5 January 1957 from the Pancyprian Federation of Labour, which the Committee did not examine, except in so far as it related to allegations raised in the other complaints, as the Government had not yet presented its observations thereon.
2. 113. In its 25th Report the Committee submitted conclusions and recommendations, which were approved by the Governing Body at its 134th Session (Geneva, March 1957), on the following allegations with respect to the exercise of trade union rights in Cyprus raised in the different complaints : (a) allegations relating to the state of emergency, protests against the deportation of Archbishop Makarios and demands for self-determination in Cyprus ; (b) allegations relating to curfew regulations ; (c) allegations relating to the proscription of trade unions and confiscation of their property ; (d) allegations relating to closure and searching of trade union premises ; (e) allegations relating to the proscription of newspapers ; (f) allegations relating to the prohibition of meetings ; (g) allegations relating to interference with picketing. These allegations are, therefore, not referred to further in the present report of the Committee. With respect to certain allegations relating to the arrest and detention without trial of trade union leaders and members, the Governing Body, on the recommendation of the Committee, drew certain principles to the attention of the Government and requested the Government to keep it informed as to further developments. With respect to other allegations relating to abrogation of the right to strike and powers to control employment, the Committee presented an interim report to the Governing Body (see below, " Request for Further Information ") ; these allegations, which are still before the Committee, are analysed below. The analysis relates also to those allegations contained in the complaint of the Pancyprian Federation of Labour, dated 5 January 1957, on which the Government had not presented its observations when the Committee met in its 16th Session in February 1957. Finally, the analysis takes no account of a complaint dated 27 February 1957 from the Cyprus Building, Wood and General Workers' Trade Union, because it merely refers in general terms to matters already examined in detail by the Committee in its 25th Report ; for this reason, also, this complaint has not been communicated to the Government of the United Kingdom.

A. A. The complainants' allegations

• Allegations relating to Abrogation of the Right to Strike and to Powers to Control Employment
  114. 114 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.
  115. 115 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 ". These points are raised also by the Pancyprian Federation of Labour in its communication dated 5 January 1957.
  116. 116 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.
  117. 117 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.
  118. 118 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 not accept a given employment.
  119. 119 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.
• Allegations relating to the Application of the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Right to Organise and Collective Bargaining Convention, 1949
  120. 120 The Pancyprian Federation of Labour, in its communication dated 5 January 1957, alleges that the Government of the United Kingdom, although it has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Right to Organise and Collective Bargaining Convention, 1949, has not yet applied the provisions of these two Conventions in Cyprus.
• Allegations relating to the Application of the Right of Association (Non-Metropolitan Territories) Convention, 1947
  121. 121 The Pancyprian Federation of Labour also alleges that the provisions of the Right of Association (Non-Metropolitan Territories) Convention, 1947, have not been applied in Cyprus although the Government undertook, in March 1950, to apply them without modification.
• Allegations relating to Collective Bargaining
  122. 122 The same complainant alleges further that the right of legal trade unions to enter into collective agreements guaranteed by Articles 2 and 3 of the Right of Association (Non-Metropolitan Territories) Convention, 1947, is violated by the big undertakings such as the Cyprus Mines Corporation and the Hellenic Mining Company, with the forbearance and encouragement of the Government.
• ANALYSIS OF THE GOVERNMENT'S FIRST REPLY (Communication dated 19 December 1956)
• Allegations relating to Abrogation of the Right to Strike and to Powers to Control Employment
  123. 123 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.
  124. 124 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.
  125. 125 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 ".
  126. 126 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.
  127. 127 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.
  128. 128 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.
  129. 129 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 provision 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 ".
  130. 130 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.
• REQUEST FOR FURTHER INFORMATION
  131. 131 At its 16th Session (Geneva, February 1957), the Committee, in addition to recommending the Governing Body to express the hope that the Government would keep it informed as to the legal or judicial proceedings which might be instituted in the case of those trade union leaders or members as were still in custody and as to the result of such proceedings (see paragraph 138 below), decided to ask the Government to furnish further information with respect to certain matters raised in the allegations presented with respect to abrogation of the right to strike and powers to control employment. In particular, it requested the Government to furnish information as to what machinery for the conciliation or arbitration of disputes or other safeguards of the interests of the workers were 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.
• ANALYSIS OF THE GOVERNMENT'S SECOND REPLY (Communication dated 6 May 1957)
  132. 132 The Government replied to the points indicated in paragraph 131 above, and also presented in a communication dated 6 May 1957 its observations on the complaint of 5 January 1957 presented by the Pancyprian Federation of Labour.
  133. 133 The Government refers in the first place to the request by the Governing Body to be kept informed as to the proceedings that might be taken against detained trade union leaders and members. The Government repeats its previous statement that the detention of the persons in question had no connection with their trade union status or legitimate trade union activities, but adds that the cases of all detained persons are now under review. The Government then proceeds to comment on the other allegations still outstanding before the Committee.
• Allegations relating to Abrogation of the Right to Strike and to Powers to Control Employment
  134. 134 The Government states that in the event of a strike being prohibited under the Essential Works Order or under sections 60 or 61 of the Emergency Powers (Public Safety and Order) Regulations, 1955, the Governor has power, under both the Supplies and Services (Transitional Powers) (Cyprus) Order, 1946, and section 61 (2) (a) of the Emergency Powers (Public Safety and Order) Regulations, 1955, to establish a tribunal for the settlement of trade disputes and to regulate the procedure of the tribunal. Thus, when a strike of electricity employees was threatened in 1955, the Governor made the Trade Dispute (Electricity) (Tribunal) Order, whereby a tribunal was appointed and the dispute promptly settled to the satisfaction of both parties. With respect to the proposed strike on 23 August 1956, which resulted in an order being made to ensure that enough workers were available in undertakings engaged in essential work, the Government points out that the establishment of a tribunal was not called for as the strike was intended as a one-day sympathy strike only.
• Allegations relating to the Application of the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Right to Organise and Collective Bargaining Convention, 1949
  135. 135 The Government does not refer to these allegations.
• Allegations relating to the Application of the Right of Association (Non-Metropolitan Territories) Convention, 1947
  136. 136 The Government states that it has accepted the application of this Convention to Cyprus without modification and has made annual reports to the I.L.O since 1954 on its application under article 22 of the Constitution.
• Allegations relating to Collective Bargaining
  137. 137 The Government declares that the trade union movement in Cyprus is free to organise and is in no way debarred by the Government from bargaining collectively or from taking legitimate measures to protect its membership in the field of employment. While stating that it is not aware of violations of Articles 2 and 3 of the Convention by enterprises such as the Cyprus Mines Corporation and the Hellenic Mining Company, the Government deplores the bad relations which have existed between the two companies and certain of their employees and expresses the hope that the attitude of the parties will become more tolerant as normal conditions return in Cyprus.

B. B. The Committee's conclusions

• Allegations relating to the Arrest and Detention Without Trial of Trade Union Leaders and Members
  138. 138 When it examined these allegations at its 16th Session (Geneva, February 1957), the Committee recalled, in paragraphs 153 to 155 of its 25th Report, its previous practice and principles enunciated in a considerable number of cases involving the preventive detention of trade union officers or members that had come before it, and also expressed the view 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. Accordingly, the Governing Body, on the recommendation of the Committee, drew 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 would bear this principle in mind and inform the Governing Body in due course as to the legal or judicial proceedings which might be instituted in the case of the persons still in custody and as to the results of such proceedings.
  139. 139 In its latest reply the Government, repeating its previous statement that the detentions of trade union officers or members had no connection with their trade union status or legitimate trade union activities, declares that the cases of all persons under detention are now under review.
  140. 140 In these circumstances the Committee, while noting the Government's statement that all detention cases are now under review, considers it necessary to reaffirm the conclusions stated in its 25th Report and approved by the Governing Body, namely:
• 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 Abrogation of the Right to Strike and to rowers to Control Employment
  141. 141 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.
  142. 142 The Government declared in its first reply 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 whose objects 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 admitted that strikes in essential undertakings were prohibited as alleged, but denied that the list could be extended indefinitely.
  143. 143 The Government admitted that the powers to control employment under section 60 of the Emergency Powers Regulations (identical with powers under the Defence Regulations in the United Kingdom during the war) are far-reaching, but hoped that workers in essential employment would 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, declared 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 of the Regulations 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.
  144. 144 When examining these allegations at its 16th Session (Geneva, February 1957), the Committee recalled that, in a number of cases, it 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.
  145. 145 The Committee noted the Government's statement 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 of the community - the restriction of which types of strike the Committee has already regarded as not constituting an infringement of trade union rights. Nevertheless, the Committee noted that there was no evidence before it 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 stated, had on one occasion been used to prohibit a proposed strike. In these circumstances the Committee considered that, before it formulated its final recommendations on this aspect of the case to the Governing Body, it should, while thanking the Government for the observations which it had 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.
  146. 146 The Government points out in its second reply, dated 6 May 1957, that in the case of strikes being prohibited under the different enactments referred to above, the Governor has statutory power to establish a tribunal for the settlement of trade disputes and to regulate the procedure of the tribunal, and gives an example of the exercise of this power in the case of a dispute in the electricity industry which, according to the Government, led to a settlement regarded as satisfactory to both parties concerned. In the case of the particular strike which was to have been called in August 1956, with respect to which the Government states that a prohibition was enforced only to the extent necessary to ensure that enough workers were available in essential undertakings, the Government points out that there was no occasion for the Governor to appoint a tribunal as the strike was only a one-day sympathy strike.
  147. 147 The Committee considers, therefore, that in cases in which strikes are prohibited in essential undertakings, or, alternatively, under the present emergency legislation in Cyprus, where, as observed above, a situation of exceptional character appears to exist, powers exist to appoint appropriate machinery to ensure the settlement of disputes involving workers deprived of the right to strike in furtherance of an occupational dispute. The Committee also considers that, in the case of a strike which was intended to be only a one-day sympathy strike rather than a strike in furtherance of a normal trade dispute, there would seem to be no issue necessitating the reference of the matter to arbitration machinery. The Committee notes, however, that the appointment of machinery for the settlement of disputes concerning workers in essential services appears to depend on the exercise of a discretionary power by the Governor. It is therefore of the opinion that, in such circumstances, the extent to which the existence of such a power can be regarded as an adequate guarantee of the rights of the workers concerned will depend on the extent to which the power is used in practice in cases in which its exercise would be appropriate. In all the circumstances, subject to this reservation, the Committee recommends the Governing Body to decide that the allegations relating to abrogation of the right to strike do not call for further examination.
  148. 148 Finally, with regard to the allegation concerning the power to assign a worker to or to force him to continue in a certain employment, the Committee considers that there is no evidence before it that these powers, which have been used on only one occasion and for one day only, have been used in a manner involving an infringement of trade union rights. In these circumstances, the Committee regards the allegation as outside its competence.
• Allegations relating to the Application of the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Right to Organise and Collective Bargaining Convention, 1949
  149. 149 It is alleged by the Pancyprian Federation of Labour that these two Conventions, ratified by the Government of the United Kingdom, are not applied in Cyprus, an allegation on which the Government presents no observations.
  150. 150 The Government of the United Kingdom has made no declaration under article 35 of the Constitution of the I.L.O undertaking to apply the provisions of either of the two Conventions in Cyprus.
  151. 151 In these circumstances, therefore, the Committee recommends the Governing Body to decide that these allegations do not call for further examination.
• Allegations relating to the Application of the Right of Association (Non-Metropolitan Territories) Convention, 1947
  152. 152 It is alleged by the Pancyprian Federation of Labour that this Convention is not applied in Cyprus although the Government undertook, when it ratified it, to apply its provisions without modification. The Government states that the Convention is applied and that it has furnished annual reports on its application since 1954 in accordance with article 22 of the Constitution of the I.L.O.
  153. 153 The Government of the United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947, and has undertaken to apply its provisions in Cyprus without modification. It has, in fact, furnished annual reports' on its application in accordance with article 22 of the Constitution of the I.L.O. These reports have been duly examined by the Committee of Experts on the Application of Conventions and Recommendations, which, on the basis of the information contained in the reports, has made no observations concerning the application of the Convention in Cyprus. In these circumstances, the Committee considers that these allegations do not call for further examination by the Governing Body.
• Allegations relating to Collective Bargaining
  154. 154 It is alleged by the Pancyprian Federation of Labour that the right of legal trade unions to enter into collective agreements, guaranteed by Articles 2 and 3 of the Right of Association (Non-Metropolitan Territories) Convention, 1947, is violated by large undertakings, with the forbearance and encouragement of the Government. The Government declares that it is not aware of any such violations, and that the trade unions organise freely and are in no way debarred by the Government from bargaining collectively, although the Government deplores the fact that bad relations have existed between the undertakings referred to by the complainant and certain of their employees.
  155. 155 Article 3 of the Right of Association (Non-Metropolitan Territories) Convention, 1947, provides that all practicable measures shall be taken to assure to trade unions which are representative of the workers concerned the right to conclude collective agreements with employers or employers' organisations. In Case No. 57 relating to British Guiana the Committee expressed the view that " nothing in Article 3 of Convention No. 84 places a duty on the Government concerned to enforce collective bargaining by compulsory means ". The Committee reaffirmed this view in a previous case relating to Cyprus and, considering that the Government had fulfilled its legal obligation under Article 3 of the Convention by recognising trade unions under the Trade Union Act, 1949, as competent to regulate employment relations, recommended the Governing Body to decide that the case did not call for further examination. As nothing raised either in the allegations or in the Government's reply in the present case makes it appear that the situation in this respect in Cyprus is different from the situation existing when the Committee examined similar allegations in Case No. 59, and as no evidence is offered in support of the contention that the Government is encouraging employers not to conclude collective agreements, the Committee recommends the Governing Body to decide that these allegations do not call for further examination.

The Committee's recommendations

1. 156. In all the circumstances the Committee recommends the Governing Body:
   • (a) to note, with respect to the allegations relating to the arrest and detention without trial of trade union leaders and members, the Government's statement that all detention cases are now under review ; to draw the attention of the Government to its view 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 ; to draw the attention of the Government once again 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 may still be in custody after the conclusion of the current review of detention cases and as to the results of such proceedings ;
   • (b) to decide that, for the reasons indicated in paragraphs 141 to 148 above, the allegations relating to abrogation of the right to strike and to powers to control employment do not, subject to the reservations made in paragraph 147, call for further examination ;
   • (c) to decide that, for the reasons indicated in paragraphs 149 to 155 above, the allegations relating to the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948, the Right to Organise and Collective Bargaining Convention, 1949, and the Right of Association (Non-Metropolitan Territories) Convention, 1947, and the allegations relating to collective bargaining do not call for further examination.
     • Geneva, 29 May 1957. Henry HAUCK, Chairman.