Rapport intérimaire - Rapport No. 27, 1958

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

A. A. The complainants' allegations

1. 209. By communications dated respectively 29 November 1956, 7 December 1956, 16 February 1957, 29 December 1956 (transmitted by the United Nations on 2 April 1957) and 8 April 1957, the World Federation of Trade Unions, the Tunisian Union of Handicrafts and Commerce, the International Confederation of Free Trade Unions, the French General Confederation of Labour and the International Confederation of Arab Trade Unions (Cairo)-the last-mentioned being supported by a communication dated 16 April 1957 from the Egyptian Confederation of Labour-formulated a series of allegations, analysed below, of infringements of the exercise of trade union rights in Algeria.
2. 210. All these organisations were informed of their right to furnish further information in substantiation of their complaints within a period of one month. The International Confederation of Free Trade Unions, the French General Confederation of Labour and the Egyptian Confederation of Labour availed themselves of this right and forwarded further information to the Director-General.
3. 211. The allegations contained in the complaints referred to above may be divided under the following heads.
   • Allegations relating to Withdrawal of Representative Status from Certain Trade Union Organisations
4. 212. According to the complainants it has been made impossible for the General Federation of Algerian Trade Unions which, according to the World Federation of Trade Unions, is the oldest trade union organisation in the country, to operate in practice, since by an Order dated 23 October 1956 the Minister Resident in Algeria decided on the complete withdrawal of representative status from the General Federation of Algerian Trade Unions and from all unions affiliated to it. A similar measure is alleged to have been taken against the General Union of. Algerian Workers. The reason for this action is said to be a stand made by these two organisations in favour of the sovereign rights of the Algerian people.
   • Allegations relating to Arrests, Expulsions and Internment of Trade Union Militants
5. 213. The complainants allege that the French authorities are using the insurrection that broke out in Algeria on 1 November 1954 as a pretext for severe repressive action directed against Algerian workers and their trade unions, and are arresting and deporting hundreds of trade union militants. Some are alleged to have been tortured and even murdered. It is stated that a search is being made for those who escaped arrest and are continuing the fight as members of the underground forces at the peril of their lives.
6. 214. As a result of the non-application of existing laws and of the application on the other hand of the Act of 4 April 1955 concerning the state of emergency, workers and trade union militants are said to have been placed for supervision in the concentration camps, including those at Djorf, Berronaghia, Aflou, Gelt-Es-Stel, Lodi, Bossuet and Ain-Sefra. The complainants state that life in these camps, which are surrounded by barbed wire and guarded by military forces, is harder than in a prison ; discipline is very strict (searches, prohibitions on talking or reading newspapers, etc.) ; any protest on the part of those interned is immediately followed by penalties (deprivation of mail, food, etc.).
7. 215. Other militants are said to have been imprisoned under a special procedure, without having been brought within 24 hours before an investigating magistrate as required by law ; they are said to have been directed to reside on police premises where they were tortured.
8. 216. In conclusion the complainants allege that many militants have been expelled and obliged to abandon their families and jobs. Others have been prohibited from residing in a number of Algerian towns and are required to report every day to the police station at their place of residence.
9. 217. The various complainants furnish lists of names in substantiation of the allegations analysed in the preceding paragraphs.
   • Allegations relating to the Seizure and Banning of Trade Union Publications
10. 218. The complainants allege that the trade union press is practically banned in Algeria. The Travailleur Algérien, which is the official organ of the General Federation of Algerian Trade Unions and is published in Arabic and in French, was frequently seized and finally banned. The Ouvrier Algérien, organ of the General Federation of Algerian Workers, is alleged to have been the subject of systematic seizures.
    • Allegations relating to Occupation of Trade Union Premises
11. 219. According to the complaining organisations the premises of many unions have been searched ; several of them have been looted and ransacked and others have been occupied by the army and by the armed security police.
    • Allegations relating to Measures Taken against Strikers
12. 220. Several trade union leaders and militants are stated to have been arrested after the strikes which were called in December 1956 and January 1957. It is alleged that after the general strike in February 1957 the Administration ordered employers in the private sector to dismiss strikers and that the Administration also had recourse to the sanction of suspension and prosecution in the courts in cases of refusal to obey requisition orders made with respect to officials and workers in the public sector. It is contended that 80 per cent of the railwaymen were suspended, 50 per cent of commercial employees dismissed, 2,000 commercial and industrial workers dismissed and 183 officials brought before the courts and sentenced to terms of from eight to 15 days' imprisonment.
    • Allegations relating to Restrictions on the Activities of Trade Union Leaders
13. 221. One complainant alleges, finally, that the competent authorities refused exit permits to certain trade union representatives who were due to go abroad to attend international trade union meetings. It is stated, for example, that a delegate of the General Union of Algerian Workers (U.G.T.A) was prevented in this way from attending the African Regional Conference of the I.C.F.T.U.
    • ANALYSIS OF THE GOVERNMENT'S FIRST REPLIES
14. 222. By two communications dated 22 and 23 January 1957 the Government forwarded its observations on the complaints of the World Federation of Trade Unions and the Tunisian Union of Handicrafts and Commerce, the second of which, it will be recalled, protested against the arrest of leaders of the General Union of Algerian Commerce (U.G.C.A). These two series of observations are analysed separately below.
    • Communication of 22 January 1957 (Observations on the Complaint of the W.F.T.U)
    • Allegations relating to Withdrawal of Representative Status from Certain Trade Union Organisations.
15. 223. In its reply the Government states that in July 1956 the General Federation of Algerian Trade Unions (U.G.S.A.) became an independent trade union federation directly affiliated to the W.F.T.U (decision made public by the W.F.T.U in October 1956). The U.G.S.A. broke with the French General Confederation of Labour, of which it has become an equal. - Furthermore, it has come to take the same line on Algerian issues as the two nationalist Moslem federations, the Algerian Workers' Trade Union Federation (U.S.T.A.) and the General Union of Algerian Workers (U.G.T.A) which were set up in February 1956. Previously the U.G.S.A. was a regional federation of the General Confederation of Labour, consisting of the three federations for the Départements of Algiers, Oran and Constantine respectively. Because the U.G.S.A. remained linked to the General Confederation of Labour until 1 July 1956 no action was taken against it until that time ; it had legal status and its representative character was never challenged. The same does not apply to the U.S.T.A and the U.G.T.A, which correspond in the trade union field to the National Liberation Front and the Algerian Nationalist Movement respectively. As soon as these federations were formed and stated their nationalist beliefs, steps were taken to deprive them of all their representatives on both private and public advisory or decision-taking bodies.
16. 224. The Government goes on to state that instructions were issued that no elections were to be held for staff representatives. Subsequently Decree No. 56-565 provided for the extension of the term of office of elected or appointed representatives. This measure was designed to maintain the status quo, and affected only the U.G.T.A and the U.S.T.A, which had no representatives on any body. The U.G.S.A. was not affected, and its representatives continued to hold their posts just like those of the French Confederation of Christian Workers or the General Confederation of Labour (Force ouvrière).
17. 225. The Government states that the direct cause of the withdrawal of the representative status of representatives elected or appointed as members of the General Confederation of Labour was the transformation of the U.G.S.A. into a national federation and the disappearance of the General Confederation of Labour. This was the subject of the circular of 6 October 1956, which was followed by Decree No. 56-276 of 26 November. These provisions laid down that agencies and departments must break off all relations with representatives of the U.G.S.A. and terminate their terms of office in all the bodies set up in the public and private sectors. Regulations to implement these provisions are being prepared. The seats held by the representatives of the former General Confederation of Labour have been allocated to organisations with recognised representative status. A first Order of 22 December granted representative status to the four free federations whose independence is beyond dispute. " The U.G.S.A., the U.S.T.A and the U.G.T.A.", the Government continues, " being the tools of political parties that are in armed rebellion against the laws of the French Republic, cannot claim to benefit by the action taken under the Special Powers Act of 16 March 1956."
18. 226. The Government points out in conclusion that these trade union federations are not banned, and that no steps have been taken to secure their dissolution ; they have their registered offices, hold meetings freely, and keep on starting strikes, " which ", the Government states, " are nothing but incitements to political agitation, obeyed by Moslem workers governed by fear of terrorist reprisals ".
    • Allegations relating to Measures Taken against Trade Union Militants.
19. 227. The Government begins by stating that the reference made by the W.F.T.U to the Act concerning the state of emergency is totally lacking in substance, since the validity of that Act expired long before it was superseded by the Act of 16 March 1956 concerning special powers. It next affirms that all the measures affecting individuals who have taken an active part in the rebellion were imposed in accordance with due process of law under the Act concerning special powers and under the Decree of 17 March. It adds that the political opinions of those concerned or the fact that they are trade unionists are not taken into account, and states that the grounds are generally the following reconstitution of dissolved leagues, collection of funds, arms traffic, material assistance to rebels, spreading subversive slogans or incitement to riot.
20. 228. As regards conditions prevailing in the camps, the Government's reply is substantially as follows : the arrangements in accommodation camps are beyond reproach as regards in particular the food and the installations ; it adds that the International Red Cross observed this on a number of occasions. There is very little sense in the complainant's reference to barbed wire ; admittedly it does exist where required, since those accommodated in the camps are regarded as constituting a threat to public order and the strictest precautions are essential to prevent them from escaping or from being set free by the rebels. There is a need for discipline, as always in institutional life, but the inmates move about freely within the camps. It may happen that certain restrictions (prohibition of visits, newspapers, etc.) are imposed owing to the hostile attitude of some of those accommodated. In any case these measures, which are essential for the maintenance of discipline, are only of a fundamentally provisional character. At no time have the physical conditions of the inmates, particularly as regards food, been subject to restrictions, and no example of brutality or ill treatment can be cited.
21. 229. As regards the tortures alleged to have been inflicted on certain trade union militants, the Government rejects this allegation as being an item of political propaganda wholly devoid of any foundation. The conclusion to be drawn from a report by an Inspector-General of Administration in Algeria is that those imprisoned or interned have not been exposed to any brutal treatment. " Further ", the Government adds, " to cut short the false allegations uttered in this connection by the Algerian Communist Party, now dissolved, and repeated by the French Communist Party, the Government did not oppose the establishment of a parliamentary committee of inquiry, which has just completed its work."
    • Allegations relating to the Seizure and Banning of Trade Union Publications
22. 230. The Travailleur Algérien, which is the weekly organ of the U.G.S.A., was banned on 24 May 1956, i.e. before the U.G.S.A. was converted into a "national" federation. This measure was taken not because the paper was a trade union paper but because it was a political one: the idea of the Communist leaders of the U.G.S.A. was that the Travailleur Algérien should replace the daily Alger-Républicain and the weekly Liberté, organs of the Algerian Communist Party, which was dissolved by Decree of 12 September 1955.
23. 231. As far back as 26 September the U.G.S.A. had sent the secretaries of Algerian trade unions a circular letter in which it stated : " We have pleasure in announcing the publication of our four-page weekly, Le Travailleur Algérien. Already last week, after the arbitrary ban imposed on Alger-Républicain, which had opened its columns to us every Tuesday, we were able to publish a two-page issue .... Since the strong action taken against Alger-Républicain has deprived our readers of their paper every Tuesday we are sure that the mere publication of this one will put new drive into the recipients and that every district, every workshop and every office will want to receive a weekly number of copies." This quotation, like many others, shows, in the Government's opinion, that the Travailleur Algérien did not confine itself to news of its organisation and of the trade union movement and that it picked up the Communist propaganda line that had been followed by Liberté and Alger-Républicain.
    • Allegations relating to Occupation of Trade Union Premises
24. 232. It is not to be disputed, the Government states, that it was proper for the withdrawal of all representative status from the U.G.S.A. to be immediately accompanied by the termination by that organisation of the occupancy of municipal premises, a benefit which had been granted to the General Confederation of Labour. No general measure was taken, however, and the U.G.S.A. is still in occupation. Only the military authorities have so far requisitioned what they required for their own needs. So far there has been very little such requisitioning. In Algiers a part of the premises of the Civic Centre has been used to install a police station manned by territorial forces and a number of sections (employing 200 men) of the army postal service. In Constantine the new Trade Union Centre was requisitioned because there were no other premises available, just as in the case of the Labour Exchange at Bône and the premises of the farmers' (employers') unions at Guelma. At Perregaux and at Sidibel-Abbès the reasons given by the military authorities are both the absence of other available premises and the need to move out of educational establishments. " As for the scenes of looting that are alleged to have been associated with the searches ", the Government states, " they have a place in the plaintiff's imagination side by side with the tortures inflicted on militants."
25. 233. In conclusion the Government states that full freedom of association exists in Algeria, the only qualification being that acts punishable by law and apt to disturb public order cannot be tolerated.
    • Communication of 23 January 1957 (Observations on the Complaint of the Tunisian Union of Handicrafts and Commerce (U.T.A.C))
26. 234. As an introduction to its reply the Government makes the following observations : the General Union of Algerian Commerce (U.G.C.A.) was founded in Algiers on 6 May 1956 for the ostensible purpose of defending the business interests of Algerian tradespeople. It is in fact an offshoot of the National Liberation Front. The Government states this is apparent from its origins, from its own statements (press articles, tracts, miscellaneous documents), from the political background of its chief leaders and from its activities.
    • Origins of the U.G.C.A.
27. 235. The U.G.C.A was formed under the auspices of the National Liberation Front, which is trying to extend its influence over all the active members of the Moslem population of Algeria. The National Liberation Front first managed to form a specific Moslem labour trade union federation, the U.G.T.A. This first objective having been secured, the National Liberation Front applied itself to forming a federation of employers' unions, and with that purpose in view it took over the plan of the Algerian People's Party and Movement for the Triumph of Democratic Liberties : as far back as 1945 the latter had considered organising all the indigenous tradespeople and craftsmen into a federation of Moslem tradesmen. Such a federation was in fact established in 1947 under the presidency " of a man with a lot of drive but few scruples, Rihani Saddock ". Several organisations immediately joined the federation. In spite of an excellent start the federation soon fell into the doldrums " chiefly owing to Rihani's irregular and more or less fraudulent activities ". He was declared bankrupt in 1950 and expelled in 1952 from the Algerian People's Party and Movement for the Triumph of Democratic Liberties. At the end of November 1954 Rihani joined Messali and resumed his trade union work. He was shot down in Algiers in September 1956 by an unknown assailant. Though it cannot be proved that the shooting was connected with a settling of old scores between the Algerian Nationalist Movement and the National Liberation Front, the fact remains, the Government states, that by removing a forceful Messalist competitor Rihani's disappearance served the purposes of the National Liberation Front in the trade union field.
    • Collusion between the National Liberation Front and the U.G.C.A.
28. 236. Right at the beginning of 1956 the National Liberation Front had decided to form under its own auspices a specifically Moslem employers' federation to be known as the General Union of Algerian Tradesmen (U.G.C.A.). The Government then cites the following passage taken from the archives of the rebel chief Krim Belkacem:
    • The U.G.C.A, which has been in process of formation for many months, must play an important part, side by side with the parallel workers' organisation, the U.G.T.A. The National Liberation Front must assist it to grow quickly by bringing about the most favourable political conditions : (a) anti-tax drive ; (b) boycott colonialist and Poujadist wholesalers who lend active support to the imperialist war ; (c) collection of funds for the Resistance ; and (d) political strikes to support the insurrection.
    • The Government finally refers to several quotations from the October and November-December 1956 issues of the paper El Igticad el Djazairi (" The Algerian Economy ")
    • The U.G.C.A is not an occupational organisation but an Algerian occupational organisation, i.e. a national one.
    • Negotiations for a cease-fire in Algeria should be discussed solely with the National Liberation Front, which is the genuine and exclusive representative of the Algerian people.
    • The only solution is to get in touch immediately with those who are doing the fighting, that is to say with the only organisation qualified to speak for the Opposition-the National Liberation Front, which is the exclusive representative of the Algerian people.
    • The Algerian tradespeople, industrialists and craftsmen solemnly and sincerely believe that the National Liberation Front genuinely represents our people and that in view of this fact it is the only organisation qualified to speak for the Opposition.
    • The Government also refers to tracts disputed by the U.G.C.A in connection with the strikes it promoted in November 1956 ; these tracts demanded " an immediate end to the colonialist war, to be achieved through negotiation with the National Liberation Front, which is the only spokesman for the National Liberation Army; the genuine and exclusive representative of the Algerian people ".
    • Political Background of U.G.C.A Leaders
29. 237. The provisional Executive of the U.G.C.A was formed on 6 May 1956. Its President was Mr. Ben Ouenniche who, the Government states, belongs to a family that is wholly devoted to the nationalist cause and is known for its connections with the National Liberation Front. Mr. Ben Ouenniche put his property at Fort-de-l'Eau at the disposal of wounded rebels as a hospital. The Vice-Presidents were the following persons : Mr. Abbas Turqui, manager of the El Amal Company, known for his connections with the reformist ulemas, Sheik Brahimi Bachir and Ferhat Abbas, leader of the Union for the Defence of the Algerian Manifesto. Mr. Bellarbi, formerly a militant member of the Communist Party and subsequently a member of the Algerian People's Party, now supports the National Liberation Front. Mr. Hamdi-Aboulyakdan, formerly an influential member of the Algerian People's Party and Movement for the Triumph of Democratic Liberties, subsequently became an ardent follower of the National Liberation Front. The Government then states that the membership of the provisional Executive of the U.G.C.A was subsequently altered several times, particularly after the arrest of Ben Ouenniche. The U.G.C.A is now led by Taleb Amar, a former member of the Executive Committee of the Union for the Defence of the Algerian Manifesto, who has been made responsible, the Government states, for organising the collection of funds for the National Liberation Front and for putting an end to the misappropriations of which certain collectors have been guilty.
    • Activities of the U.G.C.A.
30. 238. The First Congress of the U.G.C.A was held in Algiers on 13 and 14 September 1956 with Mr. Ben Ouenniche in the chair. A big political meeting attended by some 300 people concluded the proceedings on 14 September. All the speakers - Aichoune Omar (Milkmen's Union), Belloul Akli (Bakers' Union) and Kerma Mohamed (Tunisian Union of Craftsmen and Tradespeople) -pleaded the cause of the National Liberation Front in impassioned language and declared that there could be only one way of settling the Algerian question, namely to negotiate with those doing the fighting-that is to say with the National Liberation Front-which was the only organisation qualified to speak for the Opposition. The Government states that Kerma Mohamed said, inter alia : " The U.G.T.A was the first pillar of independence, the second is now the U.G.C.A, and tomorrow there will be a third, the General Algerian Farmers' Union." During the meeting every reference to " the Algerian people's fight for independence " and to those fighting in the ranks of the National Liberation Front was greeted with acclaim.
31. 239. After holding its First Congress the U.G.C.A attempted to develop its activities by recruiting many members and by forming new unions. On 24 October it called on Moslem tradespeople to close their shops on 1 November which would be the second anniversary of the events of 1 November 1954. It also asked the leaders of the U.G.T.A, the workers' organisation that is subservient to the National Liberation Front, to join in. The closing order was obeyed by almost all the Moslem tradespeople in the Algiers area. Two other stoppages took place at the instigation of the U.G.C.A in November 1956. A further eight-day stoppage is being planned with the purpose, the Government states, of drawing the attention of the United Nations to the Algerian question. The Government concludes by stating that all these activities are part of the propaganda organised by the National Liberation Front in connection with the 11th Session of the General Assembly of the United Nations.
    • PREVIOUS DECISIONS OF THE COMMITTEE
32. 240. When the case came before it at its 16th Session (Geneva, February 1957), the Committee decided, before formulating its final conclusions, to await the Government's observations on the complaint of the I.C.F.T.U, which had arrived too late to enable the Government to present its reply and, also, to request the Government to furnish further information on certain specific points.
33. 241. This request for information related to the following questions (a) after noting the Government's statement that the loss of their representative status did not prevent the organisations concerned from functioning freely, the Committee asked the Director-General to request the Government to be good enough to indicate whether this free functioning of the organisations in question included their enjoyment of the right to take part in collective negotiations ; (b) the Committee also instructed the Director-General to draw the attention of the Government to the importance which it attaches to the principle that all detained persons should enjoy all the guarantees afforded by due legal process applied at the earliest possible moment and to request the Government to keep it informed as to the procedures applied in the case of the persons stated by the complainants to have been detained and, in due course, as to the outcome of the proceedings that might be taken against them.
34. 242. The Director-General informed the French Government of the Committee's decisions by a letter dated 8 March 1957.
    • ANALYSIS OF THE GOVERNMENTS REPLY TO THE COMMITTEES REQUEST FOR FURTHER INFORMATION
35. 243. By a communication dated 19 April 1957 the French Government forwarded to the Office the further information requested by the Committee.
36. 244. In its reply the Government states that the withdrawal of representative status from the organisations in question necessarily makes it impossible for them to participate in collective negotiations, a function which is reserved by law to the occupational organisations recognised as being the most representative ; thus, the organisations concerned will be unable to participate in the preparation of collective agreements, the application of which may be extended. On the other hand, at the undertaking level, the Government adds, freedom of association authorises all the negotiations prescribed by the Labour Code as normal features of employer-employee relations.
37. 245. With respect to the second point on which the Committee asked for information, namely the procedure according to which certain persons were placed in camps, the Government puts forward the following arguments in its reply : (a) that the political opinions or trade union status of the persons affected do not enter into account ; (b) that " the assignation of a residence " or " prohibition of residence " are administrative measures ; (c) that the power to apply them was given to the Government by the Act of 16 March 1956, that they are essentially temporary and limited to Algeria and that they are exceptional measures justified solely by the need to protect persons and property ; (d) that the persons who have been the subject of administrative measures of internment have taken an active part in rebellion, the principal charges against them being reconstitution of dissolved leagues, collecting funds for the rebels, trafficking in arms, material assistance to rebels, propagation of subversive language and incitement to disorder ; (e) that persons to whom a residence is assigned have the right to appeal to seek the cancellation of the orders made against them and to be assisted by counsel ; and (f) that the cancellation of an order is followed by immediate liberation.
    • ANALYSIS OF THE GOVERNMENTS LATEST REPLIES
38. 246. By three communications dated 21 May 1957 the Government presented its observations on the complaints of the I.C.F.T.U, the C.G.T and the International Confederation of Arab Trade Unions. As these complaints relate to the general situation of the trade union movement in Algeria and assume, therefore, the same general character as the complaints concerning which the Government had already furnished a reply, the Government takes up in its latest communications the greater part of the observations contained in the earlier reply. Accordingly, the analysis given below is confined to those points which had not previously been the subject of observations on the part of the Government.
    • Allegations relating to Measures Taken against Strikers
39. 247. The Government states that the general strike of 5 July 1956 referred to by the complainants was eminently insurrectional in character. Following this strike no dismissals were pronounced within the Administration, but administrative measures were taken, such as reprimand, censure, diminution or suppression of allowances or output and end-of-year bonuses, and deduction in some cases of a certain number of days' salary. The Government states that, subsequently, some of these measures were cancelled. The Government adds that no orders to effect dismissals were issued to heads of undertakings and that, while it is possible that the latter decided to dismiss employees for " breach of contract ", these measures were not brought about, either directly or indirectly, by the public authorities.
40. 248. With regard to the 48-hour strike called on 31 December 1956 by the Algerian tramwaymen, the Government declares that the strike was organised by the leaders of the U.G.T.A, following incidents which occurred in connection with the funeral of Mr. Froger, murdered a short time previously. It was in no way occupational in character. " The tramwaymen's strike ", continues the Government, "was exploited as a reason for calling a general solidarity strike on 3 January, which proved to be a great failure from the point of view of U.G.T.A. It is certain that the sanctions imposed on the 'strike organisers' were imposed for this reason."
41. 249. With regard to the general strike at the beginning of February 1957 the Government states that " the insurrectional character of this general strike needs no further confirmation ". The measures taken by the Government to prevent it and to repress it were taken pursuant to the Act of 16 March 1956. Officials and assimilated categories were dismissed, temporarily suspended, demoted, transferred or sentenced to terms of imprisonment (the sentences being suspended in some cases and not in others) for refusal to comply with requisition orders or interference with the freedom to work. Dismissals of workers were in no way occasioned by administrative instructions. Moreover, many employers took back part of their staffs (20 per cent on average) and most of those who were not taken back found jobs in other similar undertakings. The Government emphasises that all the measures taken against officials were suspended as from 15 March, and that the only measures which continued to subsist were those imposed as a result of penal sentences.
    • Allegations relating to Restrictions on the Activities of Trade Union Leaders
42. 250. With regard to the allegation that certain representatives of the U.G.T.A were refused exit permits when they wished to go abroad to take part in international trade union meetings, the Government gives the following information only one representative of the U.G.T.A, Mr. Allal Abdelkader, applied for a passport, which was not issued to him ; after disappearing on 4 January, Mr. Abdelkader was made prisoner on 29 March in the course of an operation against the armed group of rebels to which he belonged ; he is now charged with endangering the external safety of the State. The Government affirms that the U.G.T.A has not been the subject of any discriminatory measure with respect to the issue of exit permits from Algeria ; its militants have the same rights and the same obligations as all inhabitants of Algeria and of metropolitan France.

B. B. The Committee's conclusions

1. 251. France has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1947 (No. 87), but has not formally undertaken to apply the provisions of the Convention in Algeria, which is regarded as a non-metropolitan territory within the meaning of article 35 of the Constitution of the International Labour Organisation. In accordance with its normal practice, however, the Committee has been guided by the general principles contained in this Convention in its examination of the present case.
   • Allegations relating to Withdrawal of Representative Status from Certain Trade Union Organisations
2. 252. The complainants allege that several Algerian trade union federations have been deprived of all representative status.
3. 253. In its reply the Government does not deny the measure alleged by the complainants. It points out, however, that the Algerian Workers' Trade Union Federation (U.S.T.A) and the General Union of Algerian Workers (U.G.T.A) represent in the trade union field the National Liberation Front and the Algerian Nationalist Movement respectively, both these being nationalist political movements, and that it is solely for this reason that they have not been allowed, since they were set up, any representation in the advisory and deliberative bodies in either the private or the public sector of industry.
4. 254. The Government states that the U.G.S.A., to which the complaint of the W.F.T.U especially refers, was originally a regional federation of the C.G.T, grouping the three trade unions of the Départements of Algiers, Oran and Constantine. It continued to be attached to the C.G.T until 1 July 1956, and prior to that date its representative character had not been questioned and no measures had been taken against it.
5. 255. On 1 July 1956 the U.G.S.A. broke with the C.G.T and became an autonomous " national " trade union federation directly affiliated to the W.F.T.U, and from that moment its character became essentially political. The Government declares that the direct cause of the suppression of the representative status previously enjoyed by the delegates elected or nominated under C.G.T auspices must be looked for both in this transformation of the character of the U.G.S.A. and in its separation from the C.G.T.
6. 256. In autumn 1956 the mandates of the U.G.S.A. representatives on all bodies set up in the public and private sectors were terminated. The seats previously held by those who were representatives of the C.G.T were allocated to the organisations whose representative status is recognised. An Order of 22 December 1956 granted representative status to the four free central organisations whose independence, in the Government's view, cannot be contested. In conclusion, the Government indicates that organisations such as the U.G.S.A. - tools of a political party " in armed rebellion against the laws of the French Republic "- cannot claim to benefit from the representative status accorded to other organisations which are strictly trade union organisations.
7. 257. The Government adds, however, that the fact of having lost representative status or of having had it refused since their creation has not entailed any measure of prohibition or dissolution for the organisations concerned. These organisations, declares the Government, have headquarters, hold meetings without hindrance and call strikes in freedom.
8. 258. Further, in its reply to the request for further information made by the Director-General in the name of the Committee, the Government states that the withdrawal of representative status from the organisations concerned necessarily renders it impossible for them to participate in the collective negotiations reserved by law to the occupational organisations recognised, on the basis of criteria laid down by law, as being the most representative ; thus, for example, the organisations concerned cannot take part in the preparation of collective agreements the scope of application of which may be extended. On the other hand, the Government adds, at the level of the undertaking freedom of association carries the right to take part in all the negotiations prescribed by the Labour Code as normal features of employer-employee relations.
9. 259. The enactment which deals with these matters in France is the Act of 11 February 1950 respecting collective agreements and proceedings for the settlement of collective labour disputes, which amended the Labour Code and was made applicable in Algeria. Under the provisions of this Act all workers' trade union organisations have the right to conclude collective agreements, but only the national trade union organisations of workers which are regarded as being most representative may participate in the conclusion of collective agreements applicable to the whole territory, and only the most representative trade union organisations of workers in any one branch of activity may conclude regional and local collective agreements, which may be made compulsory for every employer and worker falling within the territorial and occupational scope of the agreement by Order of the Minister of Labour and Social Security (Labour Code, First Book, Part II, Chapter IVbis, section 31 (f) to (j)).
10. 260. The representative nature of each occupational organisation is determined according to the following criteria : membership ; independence ; contributions ; the experience and age of the organisation ; patriotic attitude during the occupation (section 31 (f)).
11. 261. On more than one occasion the Committee has expressed the view that the right to bargain collectively constitutes an important element in freedom of association and has emphasised the principle that "trade unions should have the right, through collective bargaining or other lawful means, to seek to improve the living and working conditions of those whom the trade unions represent, and that the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof ". In the present case, admittedly, the withdrawal of representative status has certainly not completely deprived the organisations concerned of all possibility of bargaining collectively, because it is still legally possible for these organisations to conclude ordinary collective agreements. It is nevertheless true that the organisations in question are deprived, by the withdrawal or refusal of representative status, of the right to participate in the negotiations which are of most outstanding importance by reason of the fact that they lead to the conclusion of local, regional or national agreements which have a wide field of application and may be made compulsory for all the employers and workers concerned by Ministerial Order. It would seem normal that the right to participate in such negotiations should be reserved to organisations fulfilling certain criteria as to representativeness, and the Labour Code lays down general criteria for this purpose. A question may arise, therefore, as to the extent to which the organisations whose representative status has been withdrawn or refused have ceased to satisfy these criteria or never have satisfied such criteria.
12. 262. It would appear from the reply of the French Government that the withdrawal or refusal of representative status had a twofold origin : firstly, the fact that the U.G.S.A. broke with the C.G.T and declared itself to be autonomous and " national ", which brought about the cancellation of the representative status of the delegates elected or appointed under the auspices of the C.G.T and, secondly, the political activities of the different organisations concerned, which are stated to have gone far beyond the trade union sphere. It is also to be observed that one of the complaining organisations itself attributes this withdrawal of representative status to the attitude adopted by the organisation concerned " in favour of the sovereign rights of the Algerian people ". The Government took the view that the organisations affected placed in the foreground of their activities the promotion of doctrines advocated by certain political movements to which they gave allegiance and which advocate and seek to bring about by force the overthrow of the established order. This situation was considered by the Government to be incompatible with the criterion of independence which, under French law, is one of the criteria to be taken into account in determining whether an organisation is representative or not.
13. 263. The resolution concerning the independence of the trade union movement adopted by the International Labour Conference at its 35th Session (1952) declares, in its fifth paragraph, that when trade unions decide to establish relations with a political party or to undertake political action this should be in accordance with the Constitution and with national law and practice. The Committee took account of this principle when it examined Case No. 62 relating to the Netherlands', in which the Government concerned argued that, whatever might be the criteria for determining whether an organisation is representative, there must be the certainty that the organisation " respect the Constitution and is willing and able to take a constructive part in the organised consultation and to bear the resulting responsibility ".
14. 264. In the present case it should be observed that, while the organisations concerned appear to have engaged in political activities exceeding the normal scope of the occupational activities of trade unions, these activities, which the Government has regarded as affecting their independence, have not been considered to be of such a nature as to justify the institution of judicial proceedings for the purpose of bringing about their suspension or dissolution, because, as the Government points out, the organisations concerned continue to have their headquarters and to carry on trade union activities. It is also necessary to take account of the fact that, with respect to the membership of the organisations concerned, which constitutes another of the criteria for determining representativeness, the Government does not contest the strength of the organisations from a numerical point of view, but that, since the U.G.S.A. separated from the C.G.T, trade union elections do not appear to have taken place in Algeria which would make it possible to ascertain whether the strength of that organisation has been affected by the separation or not. Finally, it should be noted that decisions relating to the representative character of an organisation are taken by the executive authorities on the basis of general criteria laid down in the Act of 1950.
15. 265. In these circumstances the Committee considers it appropriate to recommend the Governing Body to note that, while the withdrawal of representative status from or the refusal to recognise the representative character of the organisations concerned has not made it entirely impossible for these organisations to bargain collectively, it has nevertheless resulted in their authority being reduced and in their being deprived of the right to participate in the most important collective negotiations ; and to draw the attention of the French Government to the fact that, while having regard to the situation prevailing at the present time in Algeria the decision in question may be explained to a certain extent by the political activities of the organisations concerned, it would nevertheless be desirable, in order to avoid any possibility of abuse and of giving grounds for criticism, that decisions having such consequences should be taken in all cases in accordance with a procedure offering every guarantee of impartiality, in view of the importance which the Governing Body attaches to the right of trade unions to seek to improve through collective bargaining the living and working conditions of those whom they represent without any interference on the part of the public authorities which would restrict this right or impede the lawful exercise thereof.
16. 266. At the same time, having regard to the fact that it would appear that the organisations concerned have engaged in political activities of a nature and scope exceeding those normally associated with the occupational activities of trade unions, the Committee considers it appropriate, as it has already done in comparable circumstances', to recommend the Governing Body to express the view that, in the interests of the normal development of the Algerian trade union movement, it would be desirable for the parties concerned to have regard to the principles enunciated in the resolution adopted by the International Labour Conference at its 35th Session (1952) that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers, and that when trade unions in accordance with the national law and practice of their respective countries and at the decision of their members decide to establish relations with a political party or to undertake political action as a means towards the advancement of their economic and social objectives, such political relations or action should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions, irrespective of political changes in the country.
    • Allegations relating to Measures Taken against Trade Union Militants
17. 267. The complainants allege that the public authorities have taken severe anti-trade union measures and, in particular, have arrested or deported numerous trade union leaders and militants, a list of whose names is given by the complainants. One complainant alleges also that three trade union militants, Messrs. Ladjabi, Boudour and Bouzour, were murdered following their arrest on 27 March 1956.
18. 268. In its reply the Government begins by formally denying the allegations that persons detained have been subjected to ill-treatment. In support of this statement it invokes the testimony of the International Red Cross, whose representatives have on several occasions inspected camps and prisons.
19. 269. Moreover, the Government states that all the measures relating to the individuals mentioned by the complainants have been pronounced in due form according to law. The law in question is exceptional legislation for the purpose of restoring order in Algeria-the Special Powers Act of 16 March 1956. This Act gives the Government power to apply administrative measures (assignation of or prohibition of residence) which are essentially temporary and limited to Algeria ; they are, the Government argues, of an exceptional nature and justified by the need to protect persons and property.
20. 270. With regard to the reasons which occasioned the measures adopted the Government declares that these are entirely unconnected with the trade union status, or even with the political opinions, of the persons concerned. It states that all those arrested or placed under surveillance have been subjected to these measures because of their subversive activities, the nature of which were as follows : reconstitution of dissolved leagues, collection of funds for insurgents, arms traffic, material assistance to rebels, spreading of subversive slogans or incitement to riot.
21. 271. Finally, in response to the request for further information made on behalf of the Committee by the Director-General, the Government states that the persons affected by the measures criticised have the right to appear to seek the cancellation of the orders relating to them and to have the assistance of counsel, and it states that cancellation of the order is followed by immediate liberation.
22. 272. It would appear to be fairly evident from the precise and detailed replies of the Government that the measures taken against the persons mentioned in the complaints were occasioned not by the trade union status or trade union activities of those concerned but by other activities of a political and revolutionary nature, the precise character of which is indicated by the Government-arms traffic, material assistance to rebels, incitement to riot, etc. In previous cases relating to Pakistan and Iran the Committee has considered such measures by governments to be justified. However, in several previous cases which have come before the Committee, in which it was alleged that trade union members had been preventively detained (as would appear to be the case with respect to persons mentioned in the complaints now before the Committee), the Committee has expressed the view that measures of detention may involve a serious interference with the exercise of trade union rights, which it would seem necessary to justify by the existence of a serious emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period, and that it should be the policy of every government to take care to ensure the observance of human rights and, especially, of the rights of all detained persons to receive a fair trial at the earliest possible moment.
23. 273. In the present case the Government maintains that the introduction of administrative measures of a preventive character in Algeria has been due to the existence of an emergency of an exceptional character. While recognising the exceptional nature of the present circumstances in Algeria and while noting the Government's statement that detainees have a right of appeal to seek the cancellation of the measures taken against them, the Committee nevertheless considers that it must reaffirm the importance which it has always attached in such cases to the guarantees of due legal process. In the past, moreover, where allegations that trade union leaders or workers have been arrested for trade union activities have been met by governments with statements that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings.
24. 274. In these circumstances the Committee recommends the Governing Body to draw the attention of the Government to the importance which it attaches to the principle that, when trade unionists are accused of political or criminal offences which a government considers to be outside the scope of free trade union activities, they should be judged promptly by an impartial and independent judicial authority, 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 taken in the case of those of the persons in question who are still interned and as to the results of such proceedings.
25. 275. Finally, the Government appears to have refrained from making any reference in its reply to the cases of Messrs. Ladjabi, Boudour and Bouzour, the murder of whom is alleged by one of the complainants. In cases in which the loss of human life has been alleged, the Committee has always considered it necessary to request more detailed information concerning the circumstances which led to the deaths of the persons mentioned in the complaint, if such deaths did, in fact, occur. The Committee therefore recommends the Governing Body to ask the Director-General to request the French Government, in the name of the Governing Body, to furnish detailed information with regard to this particular aspect of the case.
    • Allegations relating to the Seizure and Banning of Trade Union Publications
26. 276. The complainants allege that issues of several trade union publications, including the Travailleur Algérien, the official organ of the General Federation of Algerian Trade Unions (U.G.S.A.), and the Ouvrier Algérien, organ of the U.G.T.A, were confiscated on several occasions and that the Travailleur Algérien was finally banned.
27. 277. In its reply the Government confirms the prohibition alleged by the complainants. It declares, however, that the Travailleur Algérien was intended in the minds of the Communist leaders of the U.G.S.A. to replace the daily Alger-Républicain, and the weekly Liberté, organs of the Algerian Communist Party dissolved by a Decree of 12 September 1955. In support of its statement the Government furnishes certain extracts from the Travailleur Algérien, with the object of showing that this publication did not confine itself to giving in its columns information of an organisational and trade union character but reverted to the themes of Communist propaganda formerly publicised in the banned newspapers. The Government states also that, prior to the banning of Alger-Républicain, the U.G.S.A. published weekly articles in that newspaper. In conclusion, the Government declares that the measures taken against the publications mentioned by the complainants were taken not on account of their trade union character but solely because of their political character and subversive policy.
28. 278. The Committee points out once again, as it did in Case No. 125 relating to Brazil, that it is not called upon to examine questions affecting the freedom of the press in general but that it is concerned only with questions relating to the trade union press in particular.
29. 279. Moreover, it is desirable, when considering a prohibition of the kind now before the Committee, to distinguish, as the Committee did in Case No. 75 (France-Madagascar), between trade union publications and those which deal with problems normally regarded as falling directly or indirectly within the competence of trade unions and those which are obviously political or antinational in character.
30. 280. In the present case it would appear from the evidence available to the Committee that, if the publications which were prohibited or seized were, in fact, trade union publications, they also bore an eminently political character, which the Government invokes as a reason justifying its decision. Consequently, while reaffirming, as it did in Case No. 101 relating to British Guiana, that the right to express opinions through newspapers or publications is certainly an essential element in trade union rights, the Committee recommends the Governing Body to express the view that trade union organisations, when issuing their publications, should have regard, in the interests of the development of the trade union movement, to the principles enunciated by the International Labour Conference at its 35th Session " for the protection and independence of the trade union movement and the safeguarding of its fundamental task of advancing the social and economic well-being of the workers ".
    • Allegations relating to Occupation of Trade Union Premises
31. 281. The complainants allege that the premises of numerous trade union organisations have been occupied by the army.
32. 282. In its reply the Government begins by stating that the withdrawal of all representative status from the U.G.S.A. would normally have been accompanied immediately by the termination of the occupation by that organisation of municipal premises, a concession which had been made to the C.G.T. It adds, however, that no general measure has been taken up to the present and that the U.G.S.A. continues to occupy municipal premises. The Government states that the occupation of premises alleged by certain complainants were requisitions made by the army according to its needs. The Government declares that these requisitions were very limited in number and gives a list of the requisitioned premises, from which it would appear that they include not only the premises of workers' organisations but also those of employers, schools, etc. According to the Government, the army has taken decisions to requisition trade union premises only where no other premises were available.
33. 283. It would seem, therefore, that the occupation of trade union premises has been in no way a measure directed against trade union organisations as such, but that it has been a result of military operations which have obliged the army to make requisitions, these requisitions, however, not being confined to trade union premises.
34. 284. In these circumstances, having regard to the large-scale military operations now being undertaken in Algeria and bearing in mind that the requisitions made by the army were not limited to trade union premises but affected premises of widely varying kinds, the Committee considers that the complainants have not furnished sufficient proof to show that trade union rights have been infringed in the present case and, therefore, recommends the Governing Body to decide that this aspect of the case does not call for further examination.
    • Allegations relating to Measures Taken against Strikers
35. 285. One complainant, the I.C.F.T.U, alleges that after the strikes called in Algeria at the end of 1956 and the beginning of 1957 the authorities ordered the employers to dismiss the strikers ; it is also alleged that workers in the public sector who had taken part in the strikes were suspended and brought before the courts.
36. 286. In its reply the Government declares that the strikes referred to by the complainants were all of an obviously insurrectional character and entirely unconnected with any economic or occupational demands, and that it was for this reason, and only for this reason, that sanctions were imposed by the Administration on workers employed in the public sector of the economy ; moreover, adds the Government, all these sanctions were suspended as from 15 March 1957. With regard to the private sector, the Government formally denies that it incited employers to dismiss those of their employees who had taken part in the strikes.
37. 287. In the particular circumstances now prevailing in Algeria it is difficult to determine with certainty whether the demonstrations which took place were essentially occupational or political in character. In fact, it may happen that in the course of the same demonstration both occupational and political demands are made together. In the present case, the complainants do not allege that the strikes to which they refer were occupational or economic in character, while the Government formally denies that they bore any character of this kind. The Government maintains that the strikes were of an insurrectional nature, intended to provoke disturbances and to interfere with public order, and affirms that all the measures which were taken-and subsequently suspended--were taken not in consequence of a normal strike but because of the subversive character of the strike movement. While the Committee has always regarded the right to strike as constituting a fundamental right of workers and of their organisations, it has regarded it as such only in so far as it is utilised as a means of defending their economic interests.
38. 288. Police measures or measures of repression deliberately intended to impede the activities of trade unions in defence of occupational interests would constitute infringements of freedom of association, and so would measures prejudicing a worker solely because of his trade union activities. But the complainants would not appear to have furnished sufficient proof to show that such measures were taken in the present case ; on the contrary, it would seem from the Government's reply that no obstacle appears to have been placed in the way of the actual exercise of the right to strike for the purpose of defending occupational interests.
39. 289. In these circumstances the Committee considers, for the reasons indicated in paragraphs 285 to 288 above and subject to the observations made in those paragraphs, that this aspect of the case does not call for further examination by the Governing Body.
    • Allegations relating to Restrictions on the Activities of Trade Union Leaders
40. 290. It is alleged by the I.C.F.T.U that the competent authorities opposed the departure from Algerian territory of certain trade union representatives who were due to go abroad to participate in international trade union meetings ; in particular, this complaint states that a delegate of the U.G.T.A was prevented from attending the African Regional Conference of the I.C.F.T.U.
41. 291. The Government declares that only one person-Mr. Abdelkader, a representative of the U.G.T.A - applied for a passport. This was not issued to him because, after disappearing as from 4 January, he was taken prisoner on 29 March in the course of an operation against the armed group of rebels to which he belonged and is now held on charges of endangering the external safety of the State.
42. 292. In these circumstances, while emphasising the importance which it attaches to the principle that the right of national organisations of workers to affiliate with international organisations, which constitutes an important element in freedom of association, normally carries with it the right for the representatives of the national organisations to maintain contact with the international organisations to which they are affiliated and to take part in meetings of such international organisations, the Committee considers that the complainants have not furnished proof to show that this principle was infringed in the present case and, therefore, recommends the Governing Body to decide, subject to the observation made above, that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 293. In these circumstances the Committee recommends the Governing Body:
   • (a) to note that, while the withdrawal of representative status from or the refusal to recognise the representative character of the organisations concerned has not made it entirely impossible for these organisations to bargain collectively, it has nevertheless resulted in their authority being reduced and in their being deprived of the right to participate in the most important collective negotiations ; to draw the attention of the French Government to the fact that, while having regard to the situation prevailing at the present time in Algeria the decision in question may be explained to a certain extent by the political activities of the organisations concerned, it would nevertheless be desirable, in order to avoid any possibility of abuse and of giving grounds for criticism, that decisions having such consequences should be taken in all cases in accordance with a procedure offering every guarantee of impartiality, in view of the importance which the Governing Body attaches to the right of trade unions to seek to improve through collective bargaining the living and working conditions of those whom they represent, without any interference on the part of the public authorities which would restrict this right or impede the lawful exercise thereof ;
   • (b) to express the view that, in the interests of the normal development of the Algerian trade union movement, it would be desirable for the parties concerned to have regard to the principles enunciated in the resolution adopted by the International Labour Conference at its 35th Session (1952) that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers, and that, when trade unions, in accordance with the national law and practice of their respective countries, and at the decision of their members, decide to establish relations with a political party or to undertake political action as a means towards the advancement of their economic and social objectives, such political relations or action should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions, irrespective of political changes in the country ;
   • (c) to draw the attention of the French Government to the importance which it attaches to the principle that when trade unionists are accused of political or criminal offences which a government considers to be outside the scope of their trade union activities they should be judged promptly by an impartial and independent judicial authority ; to express the hope that the Government will bear this principle in mind and inform it in due course as to the legal and judicial proceedings which may be taken in the case of those of the persons referred to by the complainants who are still interned and as to the results of such proceedings ;
   • (d) to request the Director-General to obtain from the French Government, on behalf of the Committee, detailed information concerning the circumstances which led to the deaths of Messrs. Ladjabi, Boudour and Bouzour, if such deaths actually occurred, it being understood that a further report will be submitted to the Governing Body when the information requested from the Government has been received ;
   • (e) to reaffirm that the right to express opinions through newspapers or publications is an essential element in trade union rights and to express the view that trade union organisations, when issuing their publications, should have regard, in the interests of the development of the trade union movement, to the principles enunciated by the International Labour Conference at its 35th Session for the protection and independence of the trade union movement and the safeguarding of its fundamental task of advancing the social and economic well-being of the workers ;
   • (f) to emphasise the importance which it attaches to the principle that the right of national organisations of workers to affiliate with international organisations of workers, which constitutes an important element in freedom of association, naturally carries with it the right for the representatives of the national organisations to maintain contact with the international organisations to which they are affiliated and to take part in meetings of such international organisations and, subject to this reservation, to decide that, for the reasons indicated in paragraphs 290 to 292 above, the allegations relating to restrictions on the activities of trade union leaders do not call for further examination ;
   • (g) to decide, for the reasons indicated in paragraphs 281 to 284 and 285 to 289 above, that the allegations relating to occupation of trade union premises and to measures against strikers do not call for further examination.