Rapport définitif - Rapport No. 68, 1963

Cas no 262 (Cameroun) - Date de la plainte: 28-AVR. -61 - Clos

1. 33. The complaint by the C.C.S.C 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 allegation regarding the arrest of 32 " trade unionist schoolmasters " is still pending and is the only subject dealt with in the following paragraphs. It was examined earlier by the Committee at its 30th Session (February 1962), when the Committee made an interim report on the subject to the Governing Body which can be found in paragraphs 204 to 211 of the Committee's 60th Report.

A. A. The complainants' allegations

1. 34. 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 Sub-Prefecture 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-Prefecture. 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.
2. 35. At its 29th Session (November 1961) the Committee recalled that in previous cases" 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 the pending judicial proceedings might make available information of assistance to the Committee in appreciating whether or not allegations were well-founded. It also recalled that it had followed this practice in Case No. 235 relating to Cameroon, in which the Government explained the procedure before the military tribunals.
3. 36. 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.
4. 37. 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 and it was placed before the Committee at its 30th Session (February 1962).
5. 38. In this communication the Government stated 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 that he was not competent to examine their case. The Government added that the relevant administrative authorities had re-examined the matter and that the case would now come before a court of summary jurisdiction, which had been declared competent. In conclusion the Government stated that further developments would be the subject of a later communication, to which all the necessary documents would be attached
6. 39. At its 30th Session, for the reasons indicated in paragraph 35 above, the Committee once again recommended the Governing Body to defer consideration of this case until the Government had notified it of the result of the proceedings before the civilian court and supplied the text of the judgment and the grounds adduced.
7. 40. This request was made to the Government in a letter from the Director-General dated 13 March 1962, and the Government forwarded its reply in a communication dated 24 January 1963.
8. 41. In this communication the Government confirms that all the individuals concerned were released on 6 July 1961. It adds that the case was concluded on 17 July 1962, when the charge was dismissed.

The Committee's recommendations

1. 42. In these circumstances considering that it would serve no useful purpose to pursue the matter further, the Committee recommends the Governing Body to decide that the case does not call for further examination.