Rapport définitif - Rapport No. 101, 1968

Cas no 365 (République démocratique du Congo) - Date de la plainte: 19-OCT. -63 - Clos

1. 39. The Committee has already had the present case before it at its June 1964, November 1965 and February 1966 Sessions. On these three occasions the Committee presented interim reports, contained respectively in paragraphs 354 to 367 of its 76th Report, paragraphs 461 to 473 of its 85th Report and paragraphs 186 to 199 of its 87th Report. These three reports were approved by the Governing Body at its 159th Session (June-July 1964), 163rd Session (November 1965) and 164th Session (February-March 1966) respectively.
2. 40. The case included three sets of allegations: one concerning the arrest at Butembo in 1963 of Mr. Raymond Beya, National President of the Union of Congolese Workers; another concerning further arrests carried out in 1964, when Mr. Beya was arrested a second time, and Mr. Oscar Nkole, Provincial Inspector of the General Union of Trade Union Federations of Congolese Farmers and Workers, was arrested as well; and a third concerning the murder by the District Officer of Walikale of Mr. Sylvestre Kalunga, Regional Secretary of the General Union of Trade Union Federations of Congolese Farmers and Workers.
3. 41. With regard to the first set of allegations, the Committee has already made its final recommendations to the Governing Body, which has approved them. They will not therefore be mentioned again in the following paragraphs, which will deal only with the two series of allegations still pending.

A. A. The complainants' allegations

• Allegations concerning the Arrest in 1964 of Mr. Beya and Mr. Nkole
  42. 42 It was alleged that Mr. Beya had been arrested in 1964 and that he had been kept in prison several months without being brought to trial. The same allegation was made in respect of Mr. Nkole.
  43. 43 At its November 1965 Session and, in the absence of a reply from the Government, at its February 1966 Session, the Committee recommended the Governing Body to request the Government to inform it of the situation of Mr. Beya and Mr. Nkole.
  44. 44 These recommendations were approved by the Governing Body and the request for information contained in them was brought to the attention of the Government, which replied in a letter dated 1 September 1967.
  45. 45 In its reply the Government states that Mr. Beya and Mr. Nkole were only a few days in prison, that they have been free since 1964 and that they are at present in Kinshasa, where they have been received in the office of the Minister of Labour.
• Allegations concerning the Murder of Mr. Kalunga
  46. 46 It was alleged, though in rather vague terms, that Mr. Kalunga, Regional Secretary of the General Union of Trade Union Federations of Congolese Farmers and Workers for the Walikale district, had been murdered by the District Officer.
  47. 47 The Government, which had not at that time offered its observations on this aspect of the affair, gives the following information in its letter of 1 September 1967.
  48. 48 From an administrative inquiry carried out through the Labour Inspector for the district it appears that Mr. Kalunga, who had gone to the Walikale district to carry on a trade union campaign, was overtaken by the revolt that was then raging there. As a result of the violent and widespread troubles that had been occurring in the area and causing many victims, the Central Government had lost all control of it. The Government states that it has been unable to find any proof that the trade union official in question was murdered and that despite the inquiries it has carried out it has not been able to throw any light on this affair.
  49. 49 The Government adds that the allegation made by the complainant organisation indicates neither the locality nor the exact place where the event is supposed to have occurred nor the name of the District Officer who is supposed to have given the order, which shows the doubtful nature of the complaint and the existence at the time in question of a confused situation.

B. B. The Committee's conclusions

1. 50. With regard to the case of Mr. Kalunga, the Committee observes, firstly, that the incidents referred to in the complaint have been largely overtaken by events, since they go back to 1964. It next recognises that, since the Congo (Kinshasa) was the scene of troubles and bloodshed during the period in question, the resulting situation may have made difficult any serious inquiry into the facts of the matter. With regard to the case of Mr. Beya and Mr. Nkole (the measures alleged to have been taken against them also going back to 1964), the Committee observes that they appear to have recovered their liberty several years ago.

The Committee's recommendations

1. 51. In these circumstances, and in view of the preceding considerations, the Committee feels that it must recommend the Governing Body to decide that there would be no point in pursuing consideration of the matter.