Informe provisional - Informe núm. 87, 1966

Caso núm. 418 (Camerún) - Fecha de presentación de la queja:: 26-OCT-64 - Cerrado

1. 264. This case has already come before the Committee at its 40th Session in May 1965. On that occasion the Committee submitted an interim report which may be found in paragraphs 324 to 359 of its 83rd Report. The Committee's 83rd Report was approved by the Governing Body at its 162nd Session, during the sitting held on 28 May 1965. The case involved two sets of allegations, one concerning the circumstances surrounding the holding of a congress by the Cameroon Trade Union Federation (F.S.C) in October 1964, and the other relating to the arrest of certain former leaders of that organisation. The Committee having reached its final conclusions concerning the first set of allegations, the paragraphs which follow deal only with the allegations relating to the arrests.

265. The complainants alleged that the following trade union leaders had been arrested by the federal police in Douala: Pierre Mandeng, Isaac Tchuisseu, Samuel Moudourou, Adolphe Mouandjo Dicka, Simon Nbock Mabenga and Raphaël Ngamby. Several of these persons were subsequently transferred without trial from their prison to the political detention camp at Tchollire, where they were detained arbitrarily and denied any contact with the outside world. The complainants pointed out, furthermore, that one of the men concerned, Mr. Raphaël Ngamby, was a Workers' substitute member of the I.L.O. Governing Body.

1. 266. In its observations the Government declared that the arrest of the persons mentioned by the complainants had been motivated by the discovery at Mr. Ngamby's home of subversive documents likely to endanger the internal security of the State, and was consequently totally unconnected with the trade union membership or activities of those concerned.
2. 267. On this aspect of the case the Committee made to the Governing Body the following recommendation, in paragraph 359 of its 83rd Report, which the Governing Body approved:
3. ... the Committee recommends the Governing Body:
4. ......................................................................................................................................................
5. (b) to decide, with regard to the allegations respecting the arrest and detention of trade union leaders:
6. (i) to request the Government to furnish more detailed additional information as to the exact reasons for the arrest of the persons concerned and, in particular, as to the precise nature of the documents the possession of which by those persons has, in the Government's view, justified the measures taken against them;
7. (ii) to emphasise the dangers that measures for the detention of trade unionists might entail for freedom of association if such measures are not accompanied by proper judicial safeguards, and the fact that every government should make it a rule to ensure respect for human rights and, in particular, the right of every detained person to receive a fair trial at the earliest possible moment by an impartial and independent judicial authority;
8. (iii) to request the Government to be good enough to indicate whether the trade unionists mentioned in the complaint have been or are going to be tried with all the safeguards of regular judicial procedure and, if so, to communicate the text of the judgments given and the grounds therefor;
9. (iv) ... to express the hope that Mr. Ngamby's status as member of the Governing Body will receive due consideration in the light of the Government's obligations under article 40 of the I.L.O. Constitution, according to which members of the Governing Body should, as such, enjoy " such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation ", and of the importance attached by the Governing Body and the Conference to the discharge of these obligations.
10. ......................................................................................................................................................
11. 268. These conclusions were brought to the attention of the Government by a letter dated 3 June 1965, to which the Government replied by a communication dated 2 November 1965.
12. 269. In its reply the Government declares that " while remaining convinced of the vital importance of respecting the rights of man and safeguarding the privileges and immunities necessary to enable members of the Governing Body of the I.L.O to fulfil their functions ... it has an equally pressing duty to punish, with means which it legally possesses under its own Constitution, any individuals guilty of an attempt on the life, safety, welfare or prosperity of the inhabitants of this country, whatever their posts or functions ". The Government also declares that " after a detailed examination of the records of this case, the Government of Cameroon solemnly confirms that Raphaël Ngamby and his associates were dealt with according to current national legislation against citizens convicted of subversive activities, affirms that their trade union membership and activities were in no way responsible for these measures and believes that it has furnished the Committee with every explanation in this matter which is compatible with the dignity of an independent State ".
13. 270. The Committee deeply regrets that the Government should have thought fit to adopt this attitude. In paragraphs 353 to 357 of its 83rd Report the Committee has already stated the reasons why, in circumstances such as these, it requests the government concerned for additional information as to the nature of offences alleged to have been committed by arrested trade union leaders and as to the outcome of any legal proceedings which may be brought. Regarding this latter point in particular, the Committee wishes to point out that it has been its constant practice to request governments to furnish particulars of legal proceedings brought and their outcome, and that in many cases governments have been asked specifically to supply the texts of judgments pronounced. Moreover, where governments have refused to furnish information requested on the ground that the matter was entirely unconnected with the trade union activities of the persons involved, the Committee has pointed out that the Governing Body, on the recommendation of the Committee, has always rejected such arguments, declaring that the question as to whether the grounds for a conviction or a prison sentence relate to a criminal or political offence or to the exercise of trade union rights is not one which can be determined unilaterally by the government concerned in such a way as to make it impossible for the Governing Body to continue with its examination of the case.
14. 271. The Committee would therefore like to stress that the requesting of additional information concerning offences of which arrested trade unionists are alleged to be guilty, and concerning the outcome of legal proceedings, is nothing out of the ordinary but a practice constantly followed by the Committee in order to be in a position to assess to the full the facts at issue in each case. In this connection the Committee would also like to point out that in practically all the cases which have come before it the governments concerned have not failed to co-operate in establishing the facts by furnishing the observations and information requested by the Committee or by the Governing Body.
15. 272. In these circumstances the Committee recommends the Governing Body to draw the attention of the Government of Cameroon 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), which, in paragraph 7, "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, in 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 ", and to request the Government to be good enough to review the situation in the light of this resolution.
16. 273. In a communication dated 5 November 1965 the International Confederation of Free Trade Unions, after appealing for the speeding up of action to bring about the release of the trade unionists mentioned in paragraph 265 above, supplies the following details with regard to their fate. According to the complainants these persons are denied the right to be visited by their families, they are refused medical supplies and they have to make their own arrangements to have food brought in to them; even then their guards deliberately delay the distribution of parcels sent to the prisoners by post.
17. 274. The text of this communication was transmitted to the Government by a letter dated 15 November 1965, but the Government has not yet furnished its observations thereon.

B. B. The Committee's conclusions

1. 275. In these circumstances the Committee recommends the Governing Body to urge the Government to be good enough to furnish its observations respecting the communication from I.C.F.T.U to which reference is made in paragraph 273 above.

The Committee's recommendations

1. 276. As regards the case as a whole the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government of Cameroon 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), which, in paragraph 7, " 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 whole-hearted 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, in 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 ", and to request the Government to be good enough to review the situation in the light of this resolution;
   • (b) to urge the Government once again, bearing in mind the resolution cited in the preceding subparagraph and for the reasons stated in paragraphs 270 and 271 above, to be good enough, firstly, to furnish more detailed additional information as to the exact reasons for the arrest of the persons mentioned in the complaint and, in particular, as to the precise nature of the documents the possession of which by those persons has, in the Government's view, justified the measures taken against them, and, secondly, to indicate whether the trade unionists mentioned in the complaint have been or are going to be tried with all the safeguards of regular judicial procedure and, if so, to communicate the text of the judgments given and the grounds therefor;
   • (c) to express the hope once again that Mr. Ngamby's status as member of the Governing Body will receive due consideration in the light of the Government's obligations under article 40 of the Constitution of the International Labour Organisation, according to which members of the Governing Body shall, as such, enjoy " such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation ", and of the importance attached by the Governing Body and the Conference to the discharge of these obligations;
   • (d) to request the Government to be good enough to furnish its observations in respect of the matters raised in the communication from the International Confederation of Free Trade Unions dated 5 November 1965;
   • (e) to note the present interim report, on the understanding that the Committee will report further when it has received the information specified in subparagraphs (b) and (d) above.