Rapport définitif - Rapport No. 236, Novembre 1984

Cas no 963 (Grenade) - Date de la plainte: 07-MAI -80 - Clos

1. 70. The Committee has examined this case on three previous occasions, presenting interim conclusions to the Governing Body [see 207th Report, paras. 221 to 230, 217th Report, paras. 528 to 539 and 226th Report, paras. 132 to 140] which were adopted at its 215th, 220th and 223rd Sessions [March 1981, May-June 1982 and May-June 1983] respectively.
2. 71. At its November 1983, February and May 1984 meetings, the Committee adjourned its further examination of this case and, most recently, addressed an urgent appeal to the Government for its observations on the allegations. It pointed out [see para. 17 of its 234th Report, approved by the Governing Body at its 226th Session (May-June 1984)] that, in accordance with the procedure in force, the Committee would examine this case in substance at its next meeting even if the Government's comments had not been received at that date. No reply has been received from the Government in this connection since 12 April 1983.
3. 72. Grenada has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examinations of the case

1. 73. In its original communication of 7 May 1980 the World Confederation of Labour (WCL) alleged the arrest of six named trade union leaders, the expulsion from the country of one of those leaders (Mr. Stanley Cyrus) and the arbitrary closure of the trade union press. In a further communication dated 11 March 1982, the WCL confirmed that the five arrested trade union leaders were still in prison and added the names of two other trade unionists to the list of detainees; it also indicated that Mr. Cyrus was still in exile. In its letter of 16 March 1983, the WCL stated that one of the already named trade unionists (Roland Budhlall) had been beaten, tortured and forced - under the threat of firearms - to sign a statement prepared by the police. According to the WCL, during his trial Mr. Budhlall claimed that he had signed the document out of fear of being tortured again.
2. 74. The Government's replies consisted of a denial of the arrest of one of the trade union leaders (Mr. Lloyd Roberts) and a statement to the effect that five of the other named persons had not been known to be members of any trade union or trade union leaders; it also stated that Mr. Cyrus was wanted in Grenada on a charge of murder. The Government, in addition, suggested that an ILO mission could be sent to Grenada to verify the facts.
3. 75. Despite the paucity of information before it, and while noting the Government's denial of the arrest of one of the persons named by the complainant, the Committee - in its earlier examinations of the case - made the following recommendations to the Governing Body.
   • - regarding the arrests of eight trade union leaders listed by the complainant it recalled the importance of the principle of prompt and fair trial by an independent and impartial judiciary and hoped that the Government, if it had not already taken measures to secure the release of all those arrested on account of their trade union membership or activities, would do so rapidly. It requested the Government to provide detailed information on the fate of these persons and to send its observations on the complainant's latest communication in which the names of Roland Budhlall and Super Bartholomew are added to the list of detained trade unionists;
   • - as regards the alleged expulsion from Grenada of the trade union leader Stanley Cyrus, the Committee recalled generally that forced exile not only deprives the persons concerned of the possibility of working in their country and joining their families but constitutes an infringement of freedom of association in that it weakens the trade union movement by depriving it of its leaders. It considered that Mr. Cyrus should be able to return to Grenada to perform the trade union offices to which he had been elected and hoped that the Government had taken or would take the measures necessary to this end;
   • - as regards the alleged closure of the trade union press, the Committee recalled that the full exercise of trade union rights rests on freedom of expression through such means as the trade union press and requested the Government to supply information on the measures it had taken or would take to re-establish this freedom.
4. 76. At its most recent examination of the case, in May 1983, the Committee recommended the Governing Body to approve the following conclusions: In view of the seriousness of the allegations made, including the detention, expulsion from the country and torture of trade unionists, the Government should indicate its consent to the carrying out of a direct contacts mission by a representative of the Director-General so that the Committee might have before it at its November meeting a full report on the situation. Despite preparations to this effect, and an on-the-spot visit by a representative of the Director-General, the Government at the time did not extend the facilities it had promised to enable the mission to be carried out.

B. The Committee's conclusions

1. 77. The Committee notes that since its most recent examination of the case a change of government took place in Grenada towards the end of 1983.
2. 78. Nevertheless, after making a detailed examination of the serious allegations (the detention, expulsion and torture of trade unionists and arbitrary closure of the trade union press), the Committee considers it useful to recall its earlier conclusions addressed to the former Government in this case. In the first place, it would recall that where trade union leaders are arrested and detained, there should be a prompt and fair trial by an independent and impartial judiciary at the earliest possible moment. Secondly, the exile of trade union leaders from their country for having engaged in trade union activities is not only a violation of human rights but also constitutes an interference in the trade union movement. Thirdly, as regards the closure of the trade union press, the Committee considers that the full exercise of trade union rights rests on freedom of expression through such means as the trade union press. Lastly, as regards the alleged torture of trade unionists, the Committee has always stressed the importance of carrying out an inquiry into the facts in order to identify the persons responsible and take proceedings against them [see, for example, 234th Report, Case No. 1192 (Philippines), para. 540].

The Committee's recommendations

1. 79. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions.
   • (a) The Committee notes that since its last examination of this case a change of Government took place in Grenada towards the end of 1983.
   • (b) The Committee recalls that where trade union leaders are arrested and detained there should be a prompt and fair trial by an independent and impartial judiciary at the earliest possible moment.
   • (c) The Committee also recalls that the exile of trade union leaders for having engaged in trade union activities is not only a violation of human rights but also constitutes an interference in the trade union movement.
   • (d) As regards the closure of the trade union press, the Committee considers that the full exercise of trade union rights rests on freedom of expression.
   • (e) In cases of alleged torture of trade unionists, the Committee has always stressed the importance of carrying out an inquiry into the facts in order to identify the persons responsible and take proceedings against them.