Interim Report - Report No 60, 1962

Case No 262 (Cameroon) - Complaint date: 28-APR-61 - Closed

1. 204. The complaint by the Cameroun Confederation of Believing Workers was examined by the Committee at its 29th Session (November 1961), when the Committee submitted definitive conclusions on several of the allegations made, namely those relating to the refusal to negotiate on a draft collective agreement, the lending of the premises of the Confederation to a student's association for a meeting, and the wrongful dismissal of a worker. These conclusions are contained in paragraphs 659 to 671 (a) of the Committee's 58th Report, and were approved by the Governing Body at its 150th Session (November 1961). The present report deals only with the allegations still pending.

A. A. The complainants' allegations

• Allegation relating to the Arrest of 32 " Trade Unionist Schoolmasters "
  205. 205 The complainants allege in rather vague terms that 32 " trade unionist schoolmasters " (moniteurs) were arrested while pressing claims of an occupational character. In its reply dated 8 September 1961 the Government stated that the subprefecture of Saa (département of Nyong-et-Sanaga) was informed during April 1961 that the teachers in the Roman Catholic Mission, " acting under the influence of certain politicians who were urging violent action to secure the eviction of the European missionaries ", intended to submit claims affecting the status of teachers in private schools to the authorities of the Emana mission and that, if those claims were not accepted immediately, the persons concerned would take direct action against the mission authorities. The administrative authorities exercised surveillance locally and surprised some 30 teachers holding a meeting to plan direct action of the kind mentioned above without previously having requested permission to hold a meeting from the sub-prefect. In accordance with the legislation in force in the départements in which the emergency legislation (Ordinance No. 60/52 of 7 May 1960) was applicable, the persons concerned were arrested and placed in the hands of the Public Prosecutor. Finally, the Government stated that, after being brought before the investigating magistrate, they were detained in Yaoundé prison pending trial by the competent military tribunal on a charge of holding a meeting without prior authorisation.
  206. 206 At its 29th Session (November 1961) the Committee recalled that in the past it has followed the practice of not proceeding to examine matters which were the subject of pending national judicial proceedings, provided that these proceedings were attended by proper guarantees of due process of law, where such proceedings might make available information of assistance to the Committee in appreciating whether or not allegations were well founded; in particular, it followed this practice in Case No. 235 relating to Cameroun, in which the Government explained the procedure before the military tribunals.
  207. 207 In the light of these precedents the Committee recommended the Governing Body to request the Government to be good enough to inform it of the outcome of the proceedings pending before the military tribunal and, in particular, to forward the text of the judgment, together with the grounds given, and, pending receipt of that information, to defer consideration of this aspect of the case.
  208. 208 This request for information was conveyed to the Government by a letter of the Director-General dated 27 November 1961. The Government transmitted its reply on 19 January 1962.
  209. 209 In this latter communication the Government states that the teachers at private schools, who had been arrested on 22 April 1961, on the charge of holding a meeting without previous official permission and brought before a military court, were released on 6 July 1961, the military investigating magistrate having ruled-by order of the same date-that he was not competent to examine their case. The Government adds that the relevant administrative authorities have re-examined the matter and that the case will now come before a court of summary jurisdiction, which has been declared competent. In conclusion the Government states that further developments will be the subject of a later communication, to which all the necessary documents will be attached.

B. B. The Committee's conclusions

1. 210. In the circumstances, for the same reasons as are given in paragraph 206 above, the Committee has asked the Director-General to request the Government to communicate the results of the intended proceedings before the civilian court (as it has undertaken to do), together with the text of the judgment and the grounds adduced, and in the meantime has decided to defer consideration of the case.

211. The Committee therefore recommends the Governing Body to take note of the present interim report.