Rapport définitif - Rapport No. 58, 1962

Cas no 235 (Cameroun) - Date de la plainte: 26-JUIL.-60 - Clos

1. 49. This case was submitted to the Committee at its 26th Session (November 1960). The Committee reached certain conclusions relating to some of the allegations submitted, namely those relating to general developments in Cameroun and those relating to the economic situation. When the case came before it again, at its 28th Session (May 1961), the Committee made its final recommendations to the Governing Body relating to certain of the allegations outstanding, namely those relating to the ill-treatment of the persons arrested and those relating to the emergency legislation. With regard to the other allegations, relating to the arrest of workers and trade union leaders, the Committee adopted two interim reports, being of the opinion that it would require further information if it were to be able to reach a decision with a full knowledge of the facts. The present report deals with these pending allegations.
2. 50. When Cameroun became a Member of the International Labour Organisation on 7 June 1960 the Government recognised that the country remained bound by the obligations of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the provisions of which had previously been declared applicable by France to the territory of Cameroun; furthermore, it undertook to continue to apply the provisions of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), until it had been able to ratify the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Arrest of Workers and Trade Union Leaders
  51. 51 The plaintiffs alleged that Mr. Ndooh Isaac, a member of the Executive Committee of the Building Workers' Union, Mr. Ekwalla Robert, secretary of the C.G.C.L, Mr. Mayao Beck, Secretary-General of the C.G.C.L, Mr. Etame Ebenezer and Mr. Ngosso Martin, secretaries of the C.G.C.L, and Mr. Mouangue David, a foreman carpenter (whom the Government alleges is not a member of a trade union), had been arrested by the authorities.
  52. 52 As regards the first two persons named, the Committee, when it considered the case at an earlier session, noted that the Government had provided information concerning the outcome of the legal proceedings taken against them; it was clear from the information submitted that the steps taken against them were based not on trade union activities but on subversive acts committed by them (carrying weapons, organising armed bands, terrorism, etc.). As regards the third person named in the preceding paragraph, the Committee took note of the information supplied by the Government to the effect that the events in which he was concerned took place outside the territory of Cameroun.
  53. 53 As regards the cases of Mr. Ngosso, Mr. Etame and Mr. Mouangue, the Committee, at its 26th Session (November 1960), took note of the Government's statement that legal proceedings were pending against them and requested the Government to supply information on the outcome of those proceedings and to furnish the texts of the judgments.
  54. 54 When it resumed consideration of the case at its 28th Session (May 1961) the Committee had before it a communication from the Government, dated 14 April 1961, in which the latter indicated, in the first place, that the persons in question had been sentenced by military tribunals and pointed out that such tribunals had been organised in Cameroun in pursuance of Ordinance No. 59/91 of 31 December 1959, which prescribed their powers and regulated their working. Section 9 of that ordinance provided that " in the case of infractions falling within the competence of permanent or temporary military tribunals, the judicial police and the preliminary investigations are carried out in accordance with the rules governing order and law, subject to the supervision and control of the attorney-general, through the officers of the judicial police and the magistrates carrying out preliminary investigations for the tribunal of the first instance of the military court, these being competent for all matters lying within the province of the court ". Consequently, according to the Government, the military tribunals are not exceptional courts, but courts having a specific competence, which in times of peace cover the following cases: crimes against the external security of the State (articles 75 to 86 of the Penal Code); infringements provided for in the Decree of 20 March 1939 respecting military information and by that of 21 April 1939 for the repression of foreign propaganda, and special military crimes and offences dealt with and punishable under sections 193 to 248 of the Act of 9 March 1928 respecting the code of military justice for the land forces.
  55. 55 As regards the case of the persons specifically mentioned, the Government supplied the following information: Mr. Etame Ebenezer was sentenced by the military court of Douala, at a sitting held on 16 January 1961, to 18 years' imprisonment and 15 years' restricted residence (interdiction de séjour) for crimes against the security of the State and for associating with criminals; Mr. Ngosso Martin was sentenced, by the same court and at the same sitting, to 13 years' imprisonment with hard labour and a 15-year term of restriction of residence. The case of Mr. Mouangue David, who was convicted of having taken part in a meeting organised by a terrorist chief with a view to continuing armed resistance and who pleaded guilty to this, was referred to the public prosecutor; the accused was stated to be in custody at New Bell. Finally, the Government stated that copies of the judgments on the above-mentioned persons had been requested and would be communicated to the Office. The Committee therefore decided not to make any recommendations until it had received the supplementary information promised.
  56. 56 In a communication dated 31 August 1961 the Government transmitted to the Office the text of the judgment concerning Mr. Etame and Mr. Ngosso. From those judgments-which appear to have been attended by the safeguards of normal legal procedure (public hearings, presence of lawyers and interpreters)-it appears that the grounds for the sentences inflicted on the accused relate, not to their activities as trade unionists, but to their political activities; the counts on which they were convicted were the distribution of tracts " urging the population to rebel against the legally constituted authorities ", sending young people abroad to receive " politico-military " training, participation in a plot to commit acts of violence directed towards overthrowing or replacing the Government, designed to incite the citizens or inhabitants to take up arms against one another or against the legal authorities, or directed towards causing " devastation, massacres or looting in one or more communes in the State ".

B. B. The Committee's conclusions

1. 57. In these circumstances the Committee recommends the Governing Body to decide that the allegations relating to the measures taken against Mr. Etame and Mr. Ngosso do not call for further examination.
2. 58. Lastly, as regards the case of Mr. Mouangue, it appears that the measures taken against him have no connection with any trade union activities in which he might have been engaged. In this connection it should be noted that, according to the Government, Mr. Mouangue is not a member of a trade union and that he was convicted of, and admits to, having taken part in a meeting organised by a terrorist chief with a view to continuing armed resistance.

The Committee's recommendations

1. 59. In these circumstances the Committee recommends the Governing Body to decide that no further action be taken on the case as a whole.