Rapport intérimaire - Rapport No. 217, Juin 1982

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

1. 528. The Committee has already examined this case at its meeting in February 1981, when it presented an interim report to the Governing Body. The World Confederation of Labour (WCL) sent certain additional information in relation to this complaint in a communication dated 11 March 1982, which was transmitted to the Government for its comments. Since then, a communication has been received from the Government dated 31 March 1982.
2. 529. 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 examination of the case

1. 530. The WCL alleged that the Secretary-General of the Progressive Labour and General Workers' Union, Lloyd Roberts, and five other leaders - Kenneth Budhlall, Kennedy Budhlall, Evan Bhola, Rodney Nelson and Stanley Cyrus - had been arrested, that Mr. Cyrus had been expelled from the country and that the trade union press had been arbitrarily shut down. The Government's reply the status and situation of Lloyd Roberts, denied the arrest of that trade union leader, but made no reference to the other allegations.
2. 531. Despite the paucity of the information before it and while noting the Government's denial of the arrest of Mr. Roberts, the Committee recalled that measures of preventive detention of trade unionists may involve a serious interference in trade union activities where no grounds for conviction are subsequently found and which it would seem necessary to justify by the existence of a serious situation or emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period. The Committee requested the Government to supply further details as to the present situation of Mr. Roberts, as well as its observations on the allegations concerning the arrest of Kenneth Budhlall, Kennedy Budhlall, Evan Bhola, Rodney Nelson and the expulsion of Stanley Cyrus and on the alleged closure of the trade union press.

B. Further developments

1. 532. In its letter of 11 March 1982, the WCL states that the Government refused to allow a mission from the Confederation of Latin American Workers (CLAT) to visit the country to assess the situation of the imprisoned trade union leaders. It reaffirms that Messrs. Kenneth Budhlall, Kennedy Budhlall, Evan Bhola and Rodney Nelson are still in prison and names two other trade unionists, both members of CLAT - Roland Budhlall and Super Bartholomew - as also detained. The WCL attaches copies of the testimony of Dr. Stanley Cyrus given to the Inter-American Commission on Human Rights on 1 October 1980.
2. 533. In its communication dated 31 March 1982, the Government repeats the information which it supplied previously to the effect that the union to which the persons concerned allegedly belonged has not been active since 1971. It adds that Kenneth Budhlall, Kennedy Budhlall, Evan Bhola, Rodney Nelson and Stanley Cyrus have not been known to be members of any trade union, nor trade union leaders. Lastly, the Government states that Mr. Cyrus is wanted in Grenada one charge of murder.

C. The Committee's conclusions

1. 534. The Committee notes the Government's reply that Kenneth and Kennedy Budhlall, Evan Bhola, Rodney Nelson and Stanley Cyrus have not been known to be trade unionists or trade union leaders. It must point out that this statement does not shed any light on the allegation that they were arrested, nor on the allegation that Mr. Cyrus was expelled from the country. It does appear nevertheless from the Government's last statement that he is wanted on a murder charge and that he is not in Grenada. Whether he left the country voluntarily or under force can only be speculated, although the Government's above-mentioned statement seems to imply that his non-return is voluntary. The Committee is also obliged to note that the Government's reply makes no reference to the alleged closure of the union press which was raised by the complainant in its original communication of May 1980, nor does it give any information as to the present situation of Lloyd Roberts.
2. 535. In view of the vague and imprecise nature of information supplied by the Government, the Committee must recall that the purpose of its procedure for the examination of complaints is to promote respect for the freedom of association both in law and in fact. It believes that whereas the procedure protects governments against unreasonable accusations, governments should in turn recognise the importance of replying in detail to the allegations in order to make it possible to examine them objectively.
3. 536. Furthermore, the Committee, while noting the Government's earlier denial that one of the trade union leaders - Mr. Roberts - had been arrested, must point out that it appears that four of the leaders listed by the WCL, and possibly others according to the March 1982 list supplied by the complainant, have remained in detention since May 1980. The Committee further observes that, in the absence of more precise information from the Government, it appears that none of the trade union leaders concerned have benefited from any form of trial. In this respect, it would point out, as it has done in the past, that one of the fundamental principles of trade union rights, and indeed human rights in general, is the right of all detained persons to receive a prompt and fair trial by an independent and impartial judiciary in all cases. In view of the time which has elapsed since the complaint was lodged, the Committee can only hope that the Government, if it has not already taken measures to secure the release of all those arrested owing to their trade union membership or activities, will do so rapidly. It requests the Government to provide detailed information on the fate of these persons and to send its observations on the complainant's latest communication which adds the names of Roland Budhlall and Super Bartholomew to the list of allegedly detained trade union leaders already mentioned.
4. 537. As regards the alleged expulsion of the trade union leader Stanley Cyrus, the Committee, although it has no specific information thereon from the Government apart from the unsubstantiated statement that he has not been known to be a member of any trade union, would recall generally that the forcing of trade unionists into exile deprives them of the possibility of working in their country and joining their families. It is also an infringement of freedom of association in that it weakens the trade union movement by depriving it of its leaders. The Committee can only hope that the Government has taken or will take the measures necessary to allow Mr. Cyrus to return to Grenada, if he so wishes, to carry out the trade union functions apparently entrusted to him by the trade union organisation to which he belongs.
5. 538. As regards the alleged closure of the trade union press, the Committee would recall that the full exercise of trade union rights calls for a free flow of information, opinions and ideas, and to this end workers and their organisations should enjoy freedom of opinion and expression at their meetings or through their press. It requests the Government to supply information on the measures it has taken or will take to re-establish freedom of expression through the trade union press.

The Committee's recommendations

• Recommendations of the Committee
  539. 539 In these circumstances, the Committee recommends the Governing Body to approve the present interim report, and in particular the following conclusions:
       • (a) The Committee recalls that the purpose of the procedure for the examination of complaints submitted to the Committee is to promote respect for trade union rights both in law and in fact, and that whereas the procedure protects governments against unreasonable accusations, the governments in turn should recognise the importance of sending detailed replies to the allegations in order to make it possible to examine them objectively.
       • (b) Regarding the arrests of eight trade union leaders listed by the complainant, the Committee recalls the importance of the principle of prompt and fair trial by an independent and impartial judiciary in all cases. It hopes that the Government, if it has not already taken measures to secure the release of all those arrested owing to their trade union membership or activities will do so rapidly. It requests 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 Poland Budhlall and Super Bartholomew are added to the list of detained trade unionists.
       • (c) As regards the alleged expulsion from Grenada of the trade union leader Stanley Cyrus, the Committee recalls generally that the forced exile of trade unionists not only deprives them 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. The Committee considers that Mr. Cyrus should be able to return to Grenada and to perform the trade union offices to which he was elected. It hopes that the Government has taken or will take the measures necessary to this end.
       • (d) As regards the alleged closure of the trade union press, the Committee recalls that the full exercise of trade union rights rests on freedom of expression through such means as the trade union press and requests the Government to supply information on the measures it has taken or will take to re-establish this freedom.