Rapport définitif - Rapport No. 66, 1963

Cas no 156 (France) - Date de la plainte: 29-NOV. -56 - Clos

1. 58. Since 1956 various complaints have been presented by the I.C.F.T.U and the W.F.T.U against the French Government in respect of Algeria and the Committee has made a continuous examination of them and, in particular, has dealt with these complaints in its 27th Report (October 1957), its 28th Report (February 1958), its 42nd Report (November 1959), its 44th Report (February 1960) and its 58th Report (November 1961). In the two reports last mentioned the Committee submitted to the Governing Body its final conclusions with regard to certain allegations and recommended the Governing Body to request the French Government to be good enough to furnish further information with regard to certain other allegations.
2. 59. With regard to various allegations contained in the complaints, the Governing Body has affirmed the importance of certain principles brought into question. In particular it has drawn the attention of the French Government to the importance which it attaches to the principle of a prompt and fair trial by an impartial and independent judicial authority in all cases, including those in which trade unionists are accused of political or criminal offences which the government considers to be outside the scope of their trade union activities.
3. 60. The requests for further information addressed to the French Government related to the situation of a number of trade union leaders who had been stated to be interned, to inquiries made into the alleged shooting of Mr. Rabah Djirmane and to alleged maltreatment of other trade union militants and to the results of such inquiries, to certain particular points raised in the allegations relating to the withdrawal of representative status from certain trade union organisations, to the furnishing of the text of the judgment of the Permanent Tribunal of the Armed Forces for the zone of South Algiers condemning Mr. Ali Yayia Madjid and certain other persons to terms of imprisonment for endangering the safety of the State, to the furnishing of extracts from banned issues of the Ouvrier algérien and to the furnishing of the French Government's observations on allegations relating to restrictions imposed on the activities of trade union leaders.
4. 61. These different requests to furnish further information have not been replied to as regards the substance. On 29 October 1962 the Director-General received a communication dated 27 October 1962 from the French Government, in which it was stated that: " Algeria having attained independence on 1 July 1962, the question of the exercise of freedom of association in Algeria is no longer within the competence of the French Government, which now has neither the necessary power nor the necessary means to carry out the further inquiries requested of it." The Government also emphasised in this communication " that the agreements concluded between the Algerian authorities and the French Government, while bringing about a novation in the relationship of the two parties concerned, show the desire to ensure the normal exercise in Algeria of public freedoms, including, in particular, freedom of association ".
5. 62. As is well known, since the Committee submitted its last report on this case to the Governing Body the situation has radically changed. Algeria has become an independent State and has been a Member of the I.L.O since 19 October 1962. Consequently, France no longer assumes responsibility for the situation in Algeria.
6. 63. In the present case the situation is different from that which arises when, within the same State, one government succeeds another. In such cases the Committee has taken the view that there exists a bond of continuity between the governments of the same State and that, while a new government can obviously not be held responsible for events which took place under its predecessor, it clearly is responsible for any continuing consequences which such events may have had since its accession to power.
7. 64. However, when a new State invested with international sovereignty has been set up, the situation is clearly different. The procedure for the examination of complaints of alleged infringements of the exercise of trade union rights, as it has been established, provides for the examination of complaints presented against member States of the I.L.O, and it does not follow that a complaint presented against a given State in respect of one of its territories and relating to matters which did not enter within the self-governing powers of such territory must automatically be considered as maintained against a new State which assumes, henceforth, international responsibilities with regard to the territory within which the events giving rise to the initial complaint are alleged to have taken place.
8. 65. Evidently, it is possible for the consequences of events which gave rise to the presentation of the initial complaint to continue after the setting up of a new State which has become a Member of the I.L.O, but, if such a case should arise, the complainants would be able to have recourse, in respect of the new State, to the procedure established for the examination of complaints relating to infringements of the exercise of trade union rights.
9. 66. In the present case a new State Member has assumed international responsibilities in respect of Algeria, with regard to a matter which was previously within the competence of the French authorities.

A. A. The Committee's conclusions

1. 67. Although a number of allegations remain outstanding, in connection with which, as indicated in paragraph 60 above, information was requested by the Committee, the Committee, while regretting that information requested on several occasions was not furnished while the French Government was still responsible for the situation in Algeria and the matters dealt with in the allegations were still current issues, observes that the facts to which the outstanding allegations related have no relationship to the situation which has since developed.

The Committee's recommendations

1. 68. In these circumstances the Committee recommends the Governing Body:
   • (a) to note that Algeria became a Member of the I.L.O on 19 October 1962;
   • (b) to declare closed Case No. 156 (Complaints Presented against the Government of France in Respect of Algeria).