Definitive Report - Report No 12, 1954

Case No 75 (France) - Complaint date: 01-JUN-53 - Closed

A. Analysis of the Complaint

1. 277. The complainant alleges that the French authorities in Madagascar have infringed trade union rights by prohibiting, under an Order dated 21 January 1953, the circulation of a number of trade union publications. The complainant considers that there cannot be any justification for this prohibition because the documents in question are devoted to questions essential to the activities of trade unions and to the defence of the living conditions of the workers and bring with them the benefit of the experience of the international trade union movement. By taking such a decision the French authorities can be seeking only to maintain and strengthen the exploitation to which the working population of Madagascar is subject. The complainant demands the revocation of the arbitrary decision of the French authorities.
2. 278. The complainant annexes to the complaint the text of the Order of the Political Affairs Directorate alleged to prohibit the entry, sale and circulation of pamphlets published by the World Federation of Trade Unions and containing a list of 20 such publications.
3. 279. The text of the Order according to the complainant is as follows:
4. The entry sale and circulation in the territory of papers and pamphlets published, by the W.F.T.U contained in the following list is prohibited:
5. Le Mouvement syndical mondial;
6. Le Bulletin d'information de presse et d'édition de la F.S.M;
7. Le Bulletin de liaison des travailleurs des pays coloniaux;
8. Les agresseurs américains au banc des accusés;
9. La rencontre internationale économique de Moscou;
10. Le rôle des syndicats;
11. Le renforcement de l'unité d'action des travailleurs et le développement des mouvements revendicatifs pour la défense de leurs intérêts économiques et sociaux;
12. Les bulletins d'information de l'Union internationale des syndicats des travailleurs agricoles et forestiers dépendant de la F.S.M;
13. Le Bulletin confédéral des territoires d'outre-mer;
14. Hoan'ny fivoriambe pan afrikana;
15. Faha-Roa;
16. Pour la défense, l'extension et l'amélioration de la sécurité sociale;
17. Les conditions de vie, de travail et de lutte des travailleurs des transports et des ports en Afrique et à Madagascar;
18. Renforcer et développer l'action pour la défense des droits syndicaux;
19. En Afrique noire, pour une sécurité sociale au service des travailleurs;
20. Pour une véritable sécurité sociale, projet de programme;
21. Le contrôle et l'administration de la sécurité sociale par les travailleurs;
22. La lutte pour la sécurité sociale;
23. La protection et la prévoyance contre le chômage;
24. La sécurité sociale et les pays coloniaux.
25. This Order will be registered, published and communicated wherever necessary.
26. Antananarivo, 21 January 1953,
27. For the High Commissioner and Govern or: (Signed) MARTINE, Secretary-General.
28. B. Analysis of the Replies
29. 280. In its reply, dated 7 November 1953, the Government declares that, because of a recurrence of the propaganda put out by the World Federation of Trade Unions, the responsible authorities have been obliged to prohibit the circulation of propaganda publications issued under the auspices of the Federation and bearing a clearly political character.
30. 281. At its Seventh Session (November 1953) the Committee noted the information furnished by the Government but, observing that the titles of some of the publications mentioned in the Order complained against appeared to be of an occupational nature, the Committee requested the French Government to specify in greater detail the respects in which all the publications mentioned in the Order were of a clearly political character.
31. 282. In its letter dated 1 March 1954 the Government emphasises that the contents of the publications of the World Federation of Trade Unions could not fail to disturb the harmony which should prevail among all elements of the population in Madagascar. The Government also cites an extract from a publication in Malagasy distributed by the World Federation of Trade Unions in which it is stated, inter alia, that " the inhuman treatment inflicted by the imperialists has become more and more violent since they began to prepare a Third World War ". Finally, the Government annexes to its reply two pamphlets published by the World Federation of Trade Unions entitled " Racial Discrimination " and " Conditions of Life, Work and Struggle of the Transport and Port Workers in Africa and Madagascar ".

C. C. The Committee's conclusions

1. 283. The complainant alleges that the French authorities in Madagascar have infringed trade union rights by prohibiting the circulation of a number of trade union publications and contends that these publications were devoted to questions essential to the activities of the trade unions and to the defence of the living conditions of the workers.
2. 284. The Government admits that it is true that the publications of the World Federation of Trade Unions have been prohibited in Madagascar but states that the reason for their being prohibited was the clearly political character of these publications.
3. 285. The Government annexes to its letter of 1 March 1954 two pamphlets published by the World Federation of Trade Unions and entitled " Racial Discrimination " and " Conditions of Life, Work and Struggle of the Transport and Port Workers in Africa and Madagascar ". It appears that, while these publications may seem to be tendentious in their presentation, they deal nevertheless with subjects which are normally regarded as coming directly or indirectly within the competence of trade union organisations.
4. 286. The pamphlet on racial discrimination deals with the principal fields in which, the World Federation of Trade Unions alleges, the workers are affected by racial discrimination, including wages, engagement, vocational training, conditions of employment, social security, forced labour and civil, political and trade union rights. The pamphlet on the conditions of life, work and struggle of the transport and port workers m Africa and Madagascar deals, among other things, with the exploitation of the workers, unemployment, housing, social welfare and social security, education, promotion of workers, trade union freedoms and religious liberty, repression alleged to be exercised against the workers, organised action by the workers, international solidarity, etc.
5. 287. The Freedom of Association and Protection of the Right to Organise Convention, 1948, has been ratified by France with respect to its metropolitan territory, but the French Government has not, up to the present, transmitted to the Director-General, as prescribed by article 35 of the I.L.O. Constitution, a Declaration concerning the application of the provisions of the Convention to Madagascar.
6. 288. The Committee recalls that it has emphasised on several occasions and, in particular, in Case No. 40 relating to Tunisia, that the principle that national organisations of workers should have the right to affiliate with international organisations carries with it the right for these organisations to make contact with one another and, in particular, to exchange their trade union publications.
7. 289. But the Government maintains that the contents of the World Federation of Trade Unions' publications are likely to disturb the harmony which should prevail among all elements of the population of the island. In support of this statement the Government quotes in its reply an extract from page 10 of a Malagasy pamphlet distributed by the World Federation of Trade Unions in Madagascar, which reads as follows:
   • II. Preparation for War
   • The inhuman treatment inflicted by the imperialists has become more and more violent since they began to prepare a Third World War.
   • These dictatorial nations need Africa and Madagascar as a reservoir of soldiers for their adventurous plans.
   • They need the resources necessary for their war preparations and it is for this reason that uranium from the Belgian Congo is necessary for the manufacture of atomic bombs.
   • They need suitable military bases for their troops and it is for this reason that they are rapidly constructing roads, railways, and aerodromes and ports for their ships.
   • They also need the youth of Africa and Madagascar whom they will sacrifice in the war they are preparing. For all these reasons the dictatorial nations are bitterly opposing the emancipation of the peoples of Africa and Madagascar.
8. 290. The Committee recalls in this connection that, while the right to express opinions through newspapers or publications is certainly an essential element in trade union rights, trade union organisations when issuing their publications should have regard, in the interests of the development of the trade union movement, to the principles enunciated by the International Labour Conference at its 35th Session " for the protection and independence of the trade union movement and the safeguarding of its fundamental task of advancing the social and economic well-being of the workers ", principles to which the Committee has already had occasion to draw attention. It is only in so far as they do not allow their occupational demands to assume a clearly political aspect that trade union organisations can legitimately claim that there should be no interference with their activities.

The Committee's recommendations

1. 291. However, as it appears from the information available in the present case that all the publications of the World Federation of Trade Unions are prohibited from being distributed in Madagascar, the Committee considers that it should recommend the Governing Body to draw the attention of the French Government to the question as to whether it would not be desirable to request the French authorities in Madagascar to re-examine the Order of 21 January 1953 in the light of the principle that trade union organisations should have the right to distribute the publications in which their programmes are formulated, with a view to distinguishing among the publications of the World Federation of Trade Unions between those which deal with problems normally regarded as falling directly or indirectly within the competence of trade unions and those which are obviously political or antinational in character.