Rapport intérimaire - Rapport No. 70, 1963

Cas no 336 (Bénin) - Date de la plainte: 16-MAI -63 - Clos

1. 388. In a communication dated 16 May 1963 the I.F.C.T.U alleges that Mr. Dossou-Ahoue, a militant of a Dahomean organisation affiliated to the I.F.C.T.U, has been arrested, following a search of his house by the Dahomey police authorities, and incarcerated " for having maintained relations with an international trade union organisation ".
2. 389. This complaint was transmitted to the Government of Dahomey, for its observations, by a letter dated 20 May 1963, in which it was pointed out that the case falls within the class of cases regarded as urgent by the Governing Body and the Government was, for this reason, requested to furnish a particularly speedy reply. In view of the date on which the complaint was transmitted to the Government, the latter has not yet had sufficient time to have been able to forward its observations thereon.
3. 390. A number of considerations, however, have led the Committee to submit a report on the matter to the Governing Body immediately.
4. 391. At its 154th Session-that is, little more than two months ago-the Governing Body approved the recommendations made by the Committee in another case relating to Dahomey in which the principle raised in the present case was also involved.

A. A. The complainants' allegations

1. 392. It is necessary to refer briefly to the matters raised in that previous case. The complainants alleged that the Dahomean Confederation of Christian Workers (C.D.T.C.) had been dissolved by decree. The Government did not deny the fact but pleaded in justification the " compromising anti-national affiliation to an international union " of the C.D.T.C.-meaning, in this instance, the I.F.C.T.U.
2. 393. After observing that Dahomey was a party to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and was, therefore, bound by the provisions of that instrument, the Committee-and the Governing Body, on the recommendation of the Committee-drew the attention of the Government to the importance which the Governing Body attaches to the principle, embodied in Article 5 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that national workers' and employers' organisations should have the right to affiliate with international organisations of workers and employers.
3. 394. The Governing Body also urged the Government of Dahomey to take all necessary measures to ensure that its practice as well as its legislation should be in conformity with all the provisions of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and requested the Government to keep the Governing Body informed of its action in this connection. These recommendations were brought to the notice of the Government by a letter dated 15 March 1963.
4. 395. Not only has the Government so far refrained from indicating whether it contemplates giving effect to the said request, but the Committee now has before it a new complaint which brings into question one of the very principles to which the Governing Body drew attention and for which the Governing Body emphasised the importance of ensuring respect.

B. B. The Committee's conclusions

1. 396. In the absence of any observations by the Government in the present case and without, therefore, prejudging whether the allegations are well founded or not, the Committee nevertheless cannot help feeling some measure of anxiety, having regard to the fact that, so soon after the Governing Body addressed its recommendations to the Government of Dahomey, the Government is again complained against in respect of the very matters which were the subject of those recommendations.

The Committee's recommendations

1. 397. It is for these reasons that the Committee, without at this stage expressing any opinion on the merits of the present case, recommends the Governing Body to urge the Government to furnish, as early as possible, detailed observations on the matters raised in the complaint of the I.F.C.T.U dated 16 May 1963, and to indicate the measures it contemplates taking to give effect to the recommendation made by the Governing Body at its 154th Session (see paragraph 394 above).
   • Geneva, 29 May 1963. (Signed) Roberto AGO, Chairman.