Rapport intérimaire - Rapport No. 33, 1960

Cas no 178 (Royaume-Uni de Grande-Bretagne et d'Irlande du Nord) - Date de la plainte: 20-AVR. -58 - Clos

1. 39. The complaint of the Aden Trade Union Congress is contained in four communications dated respectively 20 April, 21 May, 21 October and 16 November 1958. This complaint is supported by the International Confederation of Free Trade Unions by a communication addressed to the I.L.O on 13 June 1958. By a communication dated 6 February 1959 the Government of the United Kingdom forwarded its observations on the above complaints.
2. 40. The International Confederation of Arab Trade Unions presented its complaint in two communications dated 30 November and 30 December 1958, copies of which were transmitted to the Government of the United Kingdom on 9 January 1959. In its communication dated 6 February 1959 the Government states that its observations on this complaint will be forwarded as soon as possible.
3. 41. The United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and has declared them to be applicable, without modification, to Aden.

A. A. The complainants' allegations

• Allegations relating to Gatherings and Demonstrations
  42. 42 It is alleged by the Aden Trade Union Congress that on several occasions the police authorities have denied the workers the right to meet and that restrictions are imposed in order to prevent the proper functioning of trade unions with a view to avoiding the building up of workers' solidarity. The complainant annexes purported copies of correspondence as evidence. These include : (a) a copy of a letter from Police H.Q. to the Aden T.U.C refusing a permit for a meeting of the Muslim Association, to discuss the labour situation, because only two days' notice was given, and asking that any further application be made ten days in advance ; (b) a copy of a letter from the Aden T.U.C to Police H.Q. asking for permission to hold a general meeting of all members of trade unions at a football ground two days later, together with a copy of the reply from Police H.Q. asking how long it was proposed the meeting should last, who would be the speakers and on what subjects would they speak and in whose name the permit should be issued.
  43. 43 This complainant also alleges that written applications for permission to organise peaceful demonstrations to mark dissatisfaction and protest against the general situation have been turned down. The complainant annexes an alleged copy of a letter dated 27 June 1957 from Police H.Q. to the Aden T.U.C, in which the authority acknowledges the receipt of a letter dated 24 June requesting permission to hold a procession from the T.U.C headquarters and states that, pursuant to powers under the Control of Processions, Meetings and Assemblies Regulations, " I am not prepared to grant a permit for this procession ". In another purported copy, of a letter dated 5 December 1957 from Police H.Q. to the Aden T.U.C, the authority acknowledges the receipt of a letter dated 27 November, containing a request for " a permit to organise a peaceful demonstration on 15 December ", and states " I am to inform you that no such permit can be granted ".
  44. 44 The Government declares that, while the police have no power to prohibit meetings of workers on trade union premises, police permission is required before public meetings or demonstrations are held owing to the difficulty in Aden of handling large crowds. The Government denies that any refusal of permission has been to hinder the working of the trade union movement and states that restrictions are imposed solely in the interests of public order. As an instance demonstrating the necessity for the Control of Processions, Meetings and Assemblies Regulations (Ch. 119, section 45, Laws of Aden), the Government declares that on 9 July 1957 (a date falling between the dates of the rejected requests to hold public processions or demonstrations cited by the complainants), an illegal procession, for which no permit had been sought, attempted to storm a police station ; much damage was done to property and vehicles, a trade union leader who requested the crowd to disperse was shouted down and, in the resulting disturbance, three persons lost their lives.
  45. 45 In many cases that have come before it I the Committee has emphasised that the freedom of trade union meetings constitutes one of the fundamental elements of trade union rights. It has also pointed out that the organisation of public meetings, for purely trade union objects, is certainly an important element in the activities of workers' organisations. In Case No. 62 relating to the Netherlands z, however, the Committee affirmed that, while the right of holding trade union meetings is a basic requisite of the free exercise of trade union rights, the organisations concerned must observe the general provisions relating uniformly to public meetings applicable to all. In the present case, the Government claims that, owing to the difficulty of handling large crowds in Aden, it is necessary to make all public meetings, whether organised by trade unions or not, subject to police permission being given, and that the necessity for this is illustrated by the example of one crowd of demonstrators having attacked a police station and caused a disturbance which led to three persons losing their lives. Meetings on trade union premises, however, cannot be restricted. In these circumstances, the Committee considers that, with respect to prohibition of the meetings of the Muslim Association and of the members of all unions at a football ground, and of a peaceful demonstration to mark dissatisfaction and protest against the general situation, the complainants have not offered sufficient evidence to show that the regulations applicable to the whole community were applied in a measure beyond what may reasonably have appeared necessary for the maintenance of public order. With respect to the prohibition of a procession from T.U.C headquarters, the Committee took the view in a previous case that the prohibition of a demonstration on a public highway in a busy city, when it might involve danger of disturbance, should not be regarded as an infringement of a trade union right. Having regard to the circumstances prevailing in the present case, the Committee considers that it should come to the same conclusion.
  46. 46 In all the circumstances, the Committee recommends the Governing Body to decide, while emphasising that the right to organise public meetings constitutes an important aspect of trade union rights, that these allegations do not call for further examination.
• Allegations relating to the Registration of Trade Unions
  47. 47 It is alleged that there is an intentional delay, sometimes more than six months, in complying with requests for registration submitted by trade unions, and that amendments to Constitutions and rules are demanded by the Registrar of Trade Unions. The complainants name five trade unions whose applications for registration, it is alleged, had still not been granted after a period of six months.
  48. 48 The Government declares that difficulties have arisen through applicant trade unions not complying with the Trade Union and Trade Disputes Ordinance (Ch. 152 of the Laws of Aden) and the Trade Unions (Registration) Rules. These difficulties could have been avoided if the applicants had sought the advice of the Labour Commissioner " which is at all times available ".
  49. 49 The Government then goes on to deal with the five specific cases raised by the complainant, giving the following particulars. The Aluminium Workers' Union applied for registration on 7 May 1956 ; it submitted necessary amendments to its Constitution on 9 July 1956 and 11 February 1957, and was registered on 5 April 1957. The Electricity Workers' Union applied for registration on 9 April 1958, submitted amendments on 14 April and was sent a detailed explanatory letter by the Registrar on 24 April 1958, since when the founder committee of the union took no further steps. The Forces Local Employees' Union applied on 15 November 1957 but did not submit necessary amendments until 10 March 1958 ; it was registered four days later. The Stanvac Employees' Union applied on 1 November 1957; correspondence and consultations on necessary changes to comply with the law took place, the final amended rules being submitted on 26 February 1958 and registration ensuing on 3 March 1958. Finally, the All-Aden Bottling Union applied on 14 August 1957, detailed advice being given to the sponsors by the Labour Commissioner on 29 August 1957. Nothing further was heard from the union until 26 February 1958. On 27 February, the Labour Commissioner gave advice as to the amendments to the rules still necessary in order to comply with the law. These were submitted on 22 March 1958 and the union was registered four days later.
  50. 50 Trade unions in Aden are subject to compulsory registration. An application for registration must be granted provided that the formalities prescribed by the Trade Union and Trade Disputes Ordinance, including those relating to the Constitutions and rules of trade unions, are complied with. No allegation is made to suggest that the prescriptions with which a union's rules must comply are of such a nature as to attach to registration conditions which constitute an infringement of freedom of association or of the right of workers to establish organisations of their own choosing without previous authorisation. It is alleged only that registration is unnecessarily delayed, and this with the object of hindering the formation of trade unions. The complainant adduces no element except the time factor in support of the allegation concerning the intentions of the authorities. The Government points out, on the other hand, giving very comprehensive details, that the delays in the cases of the five unions named by the complainant were occasioned solely by the time taken by the founders of the unions to comply with legal formalities. In all cases, states the Government, the advice of the Labour Commissioner was available and, where the unions availed themselves of his advice or that of the Registrar of Trade Unions, compliance with statutory requirements was ensured. It would appear from the dates given by the Government that registration ensued in a very short time after the Constitutions and rules had been so amended as to comply with the law, except in the case of the Electricity Workers' Union, which apparently did not proceed further after receiving detailed advice from the Registrar concerning necessary amendments to be made.
  51. 51 In these circumstances, the Committee considers that the complainants have not offered proof to show that any infringement of trade union rights took place.
• Allegations relating to Police Interference
  52. 52 The Aden T.U.C alleges that trade unionists have been threatened by the police and that a police officer asked the treasurer of the Aluminium Workers' Union whether contributions had been collected and expended. On 25 March 1957 the Aden T.U.C wrote to the Labour Commissioner protesting against this action.
  53. 53 The Government declares that the said police inquiries related to the fact that an unregistered body calling itself a trade union was collecting money and that it was established that a number of technical offences had been committed by inexperienced members of the founder committee of the union. No action was taken and the position was regularised by the registration of the union on 5 April 1957.
  54. 54 The complainant offers, in support of the general allegations as to threats by the police, only evidence as to police inquiries into the collection of contributions by members of the founder committee of a union who were not entitled to collect them because their union had not yet been registered and did not legally exist as a union at the date in question. Nevertheless, no action was taken in respect of the technical offences committed. In these circumstances the Committee considers that the complainants have not offered proof of any infringement of trade union rights and, therefore, recommends the Governing Body to decide that these allegations do not call for further examination.
• Allegations relating to a Trade Union Newspaper
  55. 55 The Aden T.U.C alleges, in its communication dated 21 May 1958, that the organisation applied on 25 August 1956 for a licence to issue a weekly paper and that it was only granted over 12 months later, and subject to the usual press restrictions, after repeated representations had been made. In a later communication, dated 21 October 1958, the organisation protests against " constant indirect threats " by the Government against its newspaper.
  56. 56 The licensing of newspapers, according to the Government, is controlled by the Press and Registration of Books Ordinance (Ch. 125 of the Laws of Aden). Many applications are received, but the number of licences is limited. The Government states that a licence was issued for the Aden T.U.C newspaper, " although there were a number of earlier applications on the waiting list ".
  57. 57 In certain previous cases, the Committee has expressed the view that the right to express opinions through the press or otherwise is clearly one of the essential elements of trade union rights. It would appear that in Aden the right to issue a trade union publication is, as in the case of all other publications, subject to the issue of a permit. In this connection, the Committee has expressed the opinion that an obligation to request authorisation for the publication of a trade union newspaper under the general law applicable to the press is not in itself an infringement of the free exercise of the right of trade union publication. Whether the existence of such an obligation restricts the exercise of the right in a particular case depends essentially on the conditions governing the grant of authorisation. In the present case, the Government does not deny the allegation that over 12 months elapsed before the Aden T.U.C's request for a licence was granted, but simply states that many such applications are received each year and that few licences are issued. The Government gives no other reasons for the delay in this particular instance. In these circumstances, the Committee considers that for a central national organisation of workers to be deprived for such a period of the right to publish a trade union newspaper must of necessity have involved some interference with the right of the organisation to organise its activities and to formulate its programmes. The Committee therefore recommends the Governing Body: (a) to draw the attention of the Government to the importance which it attaches to the right of trade union organisations to express their opinions through the press and to the desirability of ensuring, in cases in which the issue of a trade union publication is subject to a licence being granted, that any application for such a licence shall be considered and dealt with by an expeditious procedure ; (b) to decide, subject to the above reservations, that, having regard to the fact that a licence was eventually issued, no useful purpose would be served by pursuing this aspect of the matter further.
• Allegations relating to the Essential Services Ordinance
  58. 58 It is alleged by the Aden T.U.C that under the Essential Services Ordinance, the greater part of the port workers are deprived of the right to strike, contrary to the procedure adopted with respect to such categories in other parts of the world.
  59. 59 The Government declares that the Essential Services Arbitration Ordinance (Ch. 57 of the Laws of Aden) applies only to a limited number of services and that it is not true to say that the greater part of the port workers are denied the right to strike. The Ordinance applies to employees of the Port Trust, who include tug crews, pilots, pilot launch crews, crane drivers and a small number of other employees ; the vast majority of port workers-those engaged in bunkering, coaling, stevedoring, watering and other services-are not employed by the Trust and are not subject to the Ordinance. In respect of those who are subject to its provisions, the Ordinance provides that a worker shall not take part in a strike unless the dispute has been reported to the Labour Officer and 21 days have elapsed without the dispute having been referred to a duly constituted arbitration tribunal.
  60. 60 Under section 5 of the Ordinance, it is the duty of the Labour Officer to endeavour to conciliate the parties to the dispute. If the parties have machinery of their own under collective agreements, the dispute must be referred to that machinery. In the event of failure to negotiate a settlement, the Governor may refer the dispute to an arbitration tribunal, on which the employers and the workers' organisation concerned nominate representatives equally (section 4). Awards of such a tribunal are binding on both sides, as is an agreement reached through the negotiating procedure (section 8).
  61. 61 As the Committee has observed in a number of previous cases', the right of workers and their organisations to strike as a legitimate means of defence of their professional interests is generally recognised, provided that the right is exercised with due regard to temporary restrictions placed thereon (e.g. cessation of strikes during conciliation and arbitration proceedings in which the parties concerned can take part at every stage). In the present case the Committee considers that this condition appears to be fulfilled by the machinery provided. In these circumstances the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to Picketing
  62. 62 It is alleged that on 25 April 1958 peaceful pickets were forced by the police to leave their station near a taxi rank. The Government states that certain trade union officials wearing armbands were asked by a police officer to move to one side to permit taxis to move freely, but that the officer did not forbid them to speak to taxi drivers or stop lawful picketing.
  63. 63 The Committee, in an earlier case, emphasised the importance that it attaches to the principle that pickets acting in accordance with the law should not be subject to interference by the public authorities. In the present case the allegation is in very vague terms and it would appear from the Government's reply that the intervention of the police did not exceed what was necessary to ensure the free circulation of traffic on a public highway. In these circumstances the Committee considers that no evidence has been offered to show that the intervention constituted an infringement of the right to picket peacefully in accordance with the law and, therefore, recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to Deportations
  64. 64 It is alleged by the Aden T.U.C, in a telegram dated 16 November 1958, that the authorities had deported 250 workers and that employers were declaring workers redundant. The Government confines itself to a statement that the deportations were in no way connected with the question of trade union membership.
  65. 65 While recognising that the complainant makes no allegation as to the reasons for the deportations in question and submits no evidence to show that they were related to the exercise of trade union rights, the Committee would appreciate it if the Government would furnish further information concerning the nature of the measures of deportation adopted, in order to enable it to form an opinion as to whether any question concerning trade union rights may be involved.
• Allegations relating to Security Measures
  66. 66 It is alleged by the Aden T.U.C that it was announced in a London B.B.C. Arabic Section broadcast on 19 April 1958 that two warships and British troop reinforcements had arrived in Aden on 18 April 1958 and would stand by until the threat of the general strike was over. This caused " a very serious psychological reaction " which could endanger the solidarity of the workers. It is further alleged that barbed wire was set up on the main road to stop the procession of small cars accompanying the Aden T.U.C's delegation to the Government and that the police ordered them to return to T.U.C headquarters, this incident being witnessed by the I.C.F.T.U representative in Aden.
  67. 67 The Government does not comment specifically on these particular allegations, which are moreover closely related to the events alleged in the complaint of the International Confederation of Arab Trade Unions which is analysed subsequently and concerning which the Government has expressed its intention of forwarding its observations as early as possible. The Committee, therefore, has decided to request the Government to furnish its observations on this aspect of the case and to examine them when it also has before it the observations of the Government on the complaint of the International Confederation of Arab Trade Unions.
• Allegations relating to Victimisation
  68. 68 It is alleged by the Aden T.U.C that on 25 April 1958 it carried out a peaceful strike for 24 hours, which was observed by all affiliated unions. As a result, it is contended, members of the teachers' union were threatened in circulars issued by the Director of Education and, in the case of teachers who took part in the strike, the decision was taken to withhold their increments for 12 months and to withdraw a month's bonus payment, while an assistant headmaster was downgraded. It is alleged that the Labour Commissioner interviewed executive members of the unions of workers of the port trust, posts and telephones, public works and municipal and electricity services, in order to deter them from participating in the general strike. The complainant produces a purported copy of a letter addressed by the Public Works Department to an overseer employed by the water authority who had taken part in the strike informing him that he would forfeit one day's pay and lose any increment falling due within the next 12 months.
  69. 69 The Government declares that teachers were advised not to take part in the strike, which was called in protest against the Government's immigration policy and did not arise out of a trade dispute.
  70. 70 These allegations, also, are closely related to the detailed allegations concerning the strike of 25 April 1958, which forms part of the subject of the complaint of the International Confederation of Arab Trade Unions, concerning which the Government has stated that it will forward its observations as soon as possible. This complainant, for example, alleges that 60 teachers who took part in the strike were reprimanded and were deprived of their annual increments and quarterly allowances. The Committee, therefore, has decided to await the Government's observations on the latter complaint before making its recommendations on this aspect of the complaint of the Aden T.U.C.
• Allegations relating to the Government's Immigration Policy
  71. 71 In its complaint dated 30 December 1958 the International Confederation of Arab Trade Unions comments at some length on the economic policy applied in Aden. According to the complainant, unrest has been caused by the policy applied with respect to the immigration of foreign labour, the Government disregarding developments in the local labour market, so that local skilled and semi-skilled labour is not used and unemployment is increasing. For these reasons the Aden T.U.C representatives on the Immigration Panel withdrew two years ago. It is alleged that the governmental administration has hampered the Aden T.U.C in its efforts to improve the situation and to solve some problems through the development of good industrial relations. The complainant sums up the Aden T.U.C's case by stating that the T.U.C recognises the need for highly qualified experts in Aden but that these experts should promote local skills. It is alleged that it was the Governor's disregard for the T.U.C's representations on these matters, coupled with various other administrative shortcomings and discriminatory measures-not all of which, the complainant admits, are matters within the competence of the Committee-that led to the strike of 25 April 1958,
  72. 72 In support of this last thesis the complainant furnishes certain texts. The first is a bulletin or manifesto issued by the Aden T.U.C to the workers and to its affiliates on the occasion of its first annual conference on 1 November 1957. This document declares the support of the Aden T.U.C for certain unions engaged in disputes and then sets forth its aims and demands, especially with regard to immigrant labour and the general employment policy of the Government. A second document, later but undated, issued by the Aden T.U.C, analyses the reasons for the general strike of 25 April 1958. This document reviews the immigration policy of the Government, which, it is alleged, has brought unemployment and hardship to Aden and increased the price of basic foodstuffs. It then goes on to explain the representations which had been made by the Aden T.U.C to the Government in its efforts to defend the economic interests of the workers-demands that experts coming to Aden should train local workers, that immigration should not be allowed in order to fill posts for clerks, typists, cooks, barbers, fitters, electricians, etc., when Aden itself, with its Technical Institute and Commercial Institute, produces people to perform these jobs, that proper price controls should be instituted and that a tripartitely administered unemployment bureau should be set up. It is contended that it was the dissatisfaction aroused by the complete rejection of these demands that caused the strike of 25 April 1958.
  73. 73 The Government not yet having replied to this complaint but having indicated its intention of doing so, the Committee has adjourned its examination of these allegations until it has received the Government's observations.
• Allegations relating to Proceedings in Respect to an Article in a Trade Union Newspaper
  74. 74 It is alleged by the International Confederation of Arab Trade Unions that part of the Aden T.U.C's campaign in support of the policies that it advocates was to promote a publicity campaign. The Vice-President of the T.U.C, Mr. A. K. Soliman, and a member of its Executive, Mr. M. Salem, published an article on 17 September 1958 in the T.U.C weekly (Al-Amel). Messrs. Soliman and Salem were respectively chief editor and proprietor of the printing press which produced the newspaper. A translation of the article is given by the complainants. It is entitled " Bribery in Administrations " and, after stating that business in the municipality, the immigration office, customs, the port " and the courts " is " not concluded in a normal way ", goes on to describe the various forms of bribery alleged to prevail in Aden and to tell the citizen what he should do about it. Messrs. Soliman and Salem were charged with contempt of court and, on 31 October 1958, were each sentenced to three months' imprisonment, although, the complainant contends, their article referred not to the judicial authority but only to the administrative aspect of the courts. The news of the decision gave rise to general disturbances, violence and bloodshed. The same day, the Aden T.U.C called for a general strike, but the general security position, which " ran out of hand ", and the military's " cruel actions ", according to the complainants, led to the strike being called off on 2 November.
  75. 75 With regard to these allegations also, the observations of the Government are in course of preparation, and the Committee has adjourned its examination until they are received.
• Allegations relating to the Prosecution of the Assistant Secretary-General of the Aden T.U.C.
  76. 76 It is alleged by the International Confederation of Arab Trade Unions that the decision to end the above-mentioned strike was taken after a meeting at which the Governor-General promised an Aden T.U.C delegation that there would be no reprisals against its members. However, it is alleged, seven teachers were dismissed and the Assistant Secretary-General of the T.U.C, Mr. Hanbala, was arrested 50 yards from the T.U.C offices and kept in custody without trial for three weeks. Then he was sentenced by the Divisional Court to four years' imprisonment for instigating riots and disorder. The complainant contends that the police witnesses all made conflicting statements, that the court disregarded the alibi of the accused (proved by witnesses) and that in the 15 minutes which had elapsed between his leaving the court on 31 October and arriving outside the T.U.C offices four miles away he could not possibly have committed the offences with which he was charged.
  77. 77 The Committee has adjourned its examination of these allegations also until it has received the Government's observations.

The Committee's recommendations

1. 78. In all the circumstances the Committee recommends the Governing Body:
   • (a) to decide that, for the reasons indicated in paragraphs 52 to 54 and 58 to 65 above, the allegations relating to police interference, to the Essential Services Ordinance and to picketing do not call for further examination ;
   • (b) to decide, while emphasising that the right to organise public meetings constitutes an important aspect of trade union rights, that the allegations relating to gatherings and demonstrations do not, for the reasons indicated in paragraphs 42 to 46 above, call for further examination ;
   • (c) to decide, with respect to the allegations relating to the registration of trade unions, for the reasons indicated in paragraphs 47 to 51 above, that the complainants have not offered proof to show that in this respect any infringement of trade union rights took place;
   • (d) with respect to the allegations relating to a trade union newspaper examined in paragraphs 55 to 57 above:
   • (i) to draw the attention of the Government to the importance which the Governing Body attaches to the right of trade union organisations to express their opinions through the press and to the desirability of ensuring, in cases in which the issue of a trade union publication is subject to a licence being granted, that any application for such a licence shall be considered and dealt with by an expeditious procedure;
   • (ii) to decide, subject to the above reservations, that, having regard to the fact that a licence was eventually issued, no useful purpose would be served by pursuing this aspect of the matter further ;
   • (e) to take note of the present interim report on the allegations relating to security measures, to victimisation, to the Government's immigration policy, to proceedings, in respect to an article in a trade union newspaper and to the prosecution of the Assistant Secretary-General of the Aden T.U.C, it being understood that the Committee will report more fully on these allegations when it has received the Government's observations thereon.