Rapport intérimaire - Rapport No. 83, 1965

Cas no 418 (Cameroun) - Date de la plainte: 26-OCT. -64 - Clos

1. 324. The original complaint is contained in a communication dated 26 October 1964 sent directly to the I.L.O by the African Trade Union Confederation. A separate complaint on the same subject was lodged by the International Confederation of Free Trade Unions (I.C.F.T.U.) by a communication dated 30 October 1964, which was later supplemented by additional information dated 15 January 1965. As these communications were received they were forwarded to the Government for its observations. The Government furnished its observations by two letters dated 17 February 1965 and 20 April 1965 respectively.
2. 325. Cameroon has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 326. The complainants allege that on the occasion of the extraordinary congress held in October 1964 by the Cameroon Trade Union Federation (F.S.C.), the largest trade union organisation in the country, the authorities, and particularly the Office of the Secretary of State for Labour and Social Affairs, resorted to all kinds of interference in an attempt to disrupt the proceedings. Among such acts of interference the complainants instance the fact that a number of delegates who were suspected of loyalty to the General Secretary of F.S.C were prevented from entering the conference hall.
2. 327. The complainants add that there were many irregularities throughout the congress. For example, a steering committee was appointed without the consent of the delegates. When this steering committee submitted draft by-laws to the delegates, and the latter rejected them by a large majority, it ignored these votes and imposed the by-laws, threatening those who protested to have the hall cleared by the police.
3. 328. As a result, say the complainants, two-thirds of the delegates held a meeting at the back of the hall, approved by-laws and, after electing a national committee headed by Mr. Raphaël Ngamby, declared the congress to be closed. However, some 132 delegates out of a total of 351 remained in session and were compelled by threats to accept the appointment of a national executive headed by Mr. Joseph Amouhou, with Mr. Jacques Ngom as General Secretary.
4. 329. In this way, the complainants continue, the congress led to the establishment of two trade union federations in Cameroon, one regularly constituted under the leadership of Mr. Ngamby and the other, under the leadership of Mr. Amouhou and Mr. Ngom, artificially imposed on the workers.
5. 330. Following these events, state the complainants, the following trade union leaders were arrested by the federal police in Douala: Messrs. Pierre Mandeng, Isaac Tchuisseu, Samuel Moudourou, Adolphe Mouandjo Dicka, Simon Nbock Mabenga and Raphaël Ngamby. Many of these persons were subsequently transferred without trial from their prison to the political detention camp at Tchollire, where they were detained arbitrarily and denied any contact with the outside world.
6. 331. The complainants point out, lastly, that one of the men concerned, Mr. Raphaël Ngamby, is a Workers' substitute member of the I.L.O. Governing Body.
7. 332. In its communication dated 17 February 1965 the Government gives the following version of the events described above.
8. 333. The Government declares that, as a result of internal dissension and serious differences of opinion which arose among the members of the executive of F.S.C during 1963, a majority of the executive came out as early as December 1963 in favour of holding an extraordinary congress " which would be solely responsible for determining the rights and wrongs of the case put forward by each of the two factions, whose rivalry was severely handicapping the operations of the Cameroonian national Confederation ".
9. 334. These factions, states the Government, consisted of Mr. Raphaël Ngamby, the General Secretary, backed by Mr. Samuel Moudourou and a few of the younger members of the executive and of a " group of senior union officials " such as Messrs. Jacques Ngom, Joseph Amouhou and Nkeng Lapee. The main grievance of these latter against Mr. Ngamby was that he failed to keep his fellow members of the executive informed of his dealings and contacts with workers' organisations abroad and, in particular, that " he was seeking to arrange behind their backs for the affiliation of F.S.C to I.C.F.T.U, which had, incidentally, been of great material help to Mr. Ngamby ".
10. 335. As the date fixed for the extraordinary congress (18-20 July 1964) approached, the Government statement goes on, a certain amount of tension developed between the two opposing camps, and the authorities responsible for keeping the peace felt compelled to forbid the holding of the congress and order its postponement sine die.
11. 336. The situation, states the Government, remained unchanged until August 1964, when the Council of F.S.C, meeting at Douala, decided, after hearing the views of the members of the executive (Mr. Ngamby being present), to convene an extraordinary congress for October 1964 in order to clarify a situation that had become far too confused. For this purpose a preparatory committee was appointed, of which Mr. Ngamby was not a member, since it had been decided almost unanimously by the members present that he should be left out.
12. 337. The Government gives the following description of events at the congress itself: The congress opened at Yaoundé on 3 October 1964 at the headquarters of the local branch of the Cameroonian Confederation. No government representatives were present, but observers and representatives of the press attended in addition to the trade unionists. There were 12 officers of the congress representing the departmental federations affiliated to F.S.C. Mr. Ignace Ibom, delegate from Wouri, was chairman. The following were the main items on the agenda: the checking of credentials, the report of the preparatory committee, the financial report, the report of the committees and the adoption of resolutions, the revision and adoption of by-laws and the election of managing bodies.
13. 338. From the start it was clear that the congress would be a stormy one. As the Government states, two rival factions were constantly clashing. One was headed by Mr. Raphaël Ngamby and the other by Mr. Jacques Ngom. The clashes between these factions were dominated by the interventions of Mr. Ngamby who, by the circulation of tracts and " discrediting documents ", waged a vigorous campaign against the rival group and against the Secretary of State for Labour of Eastern Cameroon. From the rostrum, the government statement continues, the former General Secretary, Raphaël Ngamby, declared " that the congress had not been organised by the workers but was being imposed on them by the Secretary of State for Labour with the complicity of trade unionists whom he described as ambitious politicians ". According to the Government, Mr. Ngamby, endeavouring to incite the workers to sabotage the work of the congress, urged the participants to demand reimbursement of their travelling expenses and payment of board and lodging allowances for the entire duration of the congress.
14. 339. As the work of the congress progressed, states the Government, the hostility of the participants towards Mr. Ngamby and his followers became increasingly clear. Mr. Ngamby noticeably lost ground during the reading of the financial report which, according to the Government, brought to light the fraudulent way in which F.S.C's funds had been administered by the executive, and in particular by the former General Secretary. Among other acts with which Mr. Ngamby was reproached, states the Government, " the financial report drew attention to figures given of 912,845 francs income and 912,771 francs unjustified expenditure, while Mr. Samuel Moudourou, the faithful companion of Mr. Ngamby, had caused to be printed on his own initiative and for his own personal use 10,000 F.S.C membership cards, valued at one million francs. In addition, Mr. Ngamby had diverted to his own use all the donations sent to F.S.C by foreign trade union Confederations and appropriated for himself the greater part of the office furniture and equipment belonging to the Cameroon Trade Union Federation ".
15. 340. Faced with this irrefutable evidence, the Government statement goes on, Mr. Ngamby felt impelled to walk out of the congress, claiming that its proceedings were tainted with irregularities. Before leaving the hall, however, he circulated a list of the members of a pseudo-executive of F.S.C, headed by his own name. Despite the split thus provoked, which was followed by only a minority of delegates, a new national council elected the present executive of F.S.C.
16. 341. Thus, concludes the Government, contrary to what the complainants allege, " there was absolutely no question of the forming of two rival federations as a result of this congress. Mr. Ngamby and his followers were got rid of by the democratic procedures provided for in F.S.C's by-laws ".
17. 342. The Government adds that the new executive of this trade union Confederation has the sympathy of a very large number of the Cameroonian working class. It also points out that the breakaway attitude of Mr. Ngamby during the congress has been unfavourably commented upon by public opinion, which unanimously condemns interference from outside in the affairs of the Cameroonian trade union movement.
18. 343. As for the arrest of Mr. Ngamby and the other persons mentioned by the complainants, the Government declares that it was motivated by the discovery at Mr. Ngamby's home of subversive documents likely to endanger the internal security of the State. It was the discovery of these documents, states the Government, which led to the arrest of the persons concerned in conformity with the legislation currently in force. The Government declares that " it is therefore utterly false to claim, as has been done by the leaders of foreign workers' organisations to which not a single union in Eastern Cameroon is affiliated, that Mr. Ngamby and his associates have been the victims of attacks on freedom of association or interference with the exercise of trade union rights by the Government of this country. These persons, who have broken laws which are binding on all citizens of the country, will have to account for their behaviour in accordance with the said laws and under the same conditions as other citizens, since neither their status as militant trade unionists nor their personal collusion with associations of foreign interests can be allowed to enable them to evade the civic obligations which are incumbent upon them ".
19. 344. The complaints lodged against Cameroon comprise two main allegations: one concerning the circumstances in which the F.S.C congress was held and the other concerning the arrest of certain former leaders of this organisation.
20. 345. With regard to the first of these allegations, it is fairly clear from the data available to the Committee that it is a matter of internal dissension within one and the same trade union federation. Convened to a congress in an effort to overcome the difficulties caused by the existence of two factions, F.S.C was faced with a situation which showed that the two rival factions were irreconcilable. It would seem that one of them, the majority faction, prevailed over the other after revelations had been made, inter alia, about the conduct of affairs by the former leaders.
21. 346. Contrary to what the complainants state, without, incidentally, giving sufficiently detailed information in support of their allegations, there is nothing to show that the public authorities played any part in the events leading to the removal of the members of the former executive; this seems to have been due entirely to the decision of the majority of delegates present.
22. 347. In virtue of Article 3 of Convention No. 87, which has been ratified by Cameroon, the only obligation of the Government of that country in circumstances such as those described above is to refrain from any interference which would restrict the right of the workers' and employers' organisations to draw up their Constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes, and from any interference which would impede the lawful exercise of that right.
23. 348. In the absence of sufficient evidence that the Government has contravened the provision mentioned in the preceding paragraph, the Committee, believing that in the case under consideration no interference with freedom of association has been established, recommends the Governing Body to decide that this aspect of the case does not warrant further examination.
24. 349. With regard to the second allegation, which concerns the arrest of a certain number of trade union leaders named by the complainants, there is one point which relates to the particular case of Mr. Ngamby and which the Committee must examine first.
25. 350. Mr. Ngamby, as the complainants point out, is a Workers' substitute member of the I.L.O. Governing Body. When the Committee has been called upon to examine similar situations', it has always emphasised the fact that under article 40 of the I.L.O. Constitution members of the Governing Body should, as such, enjoy " such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation ".
26. 351. In this connection both the Committee and the Governing Body itself have found it necessary, on several occasions, also to stress the fact that no member should be interfered with in any way on account of his activities as a member of the Governing Body, or in such a way as to prevent his exercise of those activities. The same principles were restated by the International Labour Conference in connection with another case in the resolution it adopted at its 46th Session in 1962 concerning the rights and freedom of members of the Governing Body of the International Labour Office to carry out their functions. In each case the attention of the Government concerned was drawn to these principles in particular, and the hope was expressed that the status of the Governing Body member concerned would receive due consideration in the light of the Government's obligations under the Constitution and of the importance attached by the Governing Body and the Conference to the discharge of these obligations.
27. 352. The Government declares that the arrest not only of Mr. Ngamby, but also of the other persons named by the complainants, was motivated by subversive activities and not by their trade union activities or membership.
28. 353. On many occasions, where allegations that trade union leaders or workers had been detained on account of trade union activities have been met by governments with statements that the persons concerned were, in fact, detained for subversive activities, for reasons of internal security or for common law crimes, the Committee has followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the detentions and the exact reasons therefor. If, in certain cases, it has concluded that allegations relating to the arrest and detention of militant trade unionists did not call for further examination, it has done so only after receiving information from the governments showing with sufficient clarity and in sufficient detail that the arrests or detentions were in no way occasioned by trade union activities, but solely by activities outside the trade union sphere which were detrimental to public order or of a political nature.
29. 354. In the case under consideration, while the Government declares that the persons concerned were arrested because they were found in possession of subversive documents likely to endanger the internal security of the State, it does not specify the exact nature of those documents or how they were detrimental to national security.
30. 355. The Committee, feeling that it would need more detailed information on this point to be able to form an opinion with full knowledge of the facts, recommends the Governing Body to request additional information from the Government.
31. 356. The Committee also notes that the Government, in its reply (see paragraph 343 above), states that, since the persons concerned have broken the laws currently in force, they " will have to account for their behaviour in accordance with the said laws ". The Committee takes this to mean that the persons concerned will be tried in the competent national courts.
32. 357. If this interpretation is correct, the Committee must recall that in the past it has followed the practice of postponing examination of matters which were the subject of pending national judicial proceedings, where such proceedings might make available information of assistance to the Committee in appreciating whether or not allegations were well founded. The Committee also recalls that, in many cases, it has requested governments to communicate the text of the judgments given and the grounds therefor.,
33. 358. Having regard to the allegation made by the complainants that the persons concerned were, subsequently to their arrest and initial detention, transferred without trial to a political detention camp (see paragraph 330 above), a fact which appears to be confirmed by the Government's communication dated 20 April 1965 and, in view of the importance it has always attached, in all cases where trade unionists are detained for political offences or common law crimes, to the principle that the persons concerned should be tried withal, the safeguards of regular judicial procedure, at the earliest possible moment and by an impartial and independent judicial authority, the Committee, in accordance with the practice it has followed hitherto in similar cases, recommends the Governing Body to draw the Government's attention to the dangers that measures for the detention of trade unionists might entail for freedom of association if such measures are not accompanied by proper judicial safeguards, and to the fact that every government should make it a rule to ensure respect for human rights and, in particular, the right of every detained person to receive a fair trial at the earliest possible moment by an impartial and independent judicial authority, and to request the Government to be so good as to state whether the trade unionists named by the complainants are being, or are about to be, tried and, if so, to communicate the text of the judgments given and the grounds therefor.

The Committee's recommendations

1. 359. With regard to the case as a whole the Committee recommends the Governing Body:
   • (a) to decide, for the reasons stated in paragraphs 345 to 348 above, that the allegations respecting the course of events at the congress held in October 1964 by the Cameroon Trade Union Federation do not warrant further examination on its part;
   • (b) to decide with regard to the allegations respecting the arrest and detention of trade union leaders:
   • (i) to request the Government to furnish more detailed additional information as to the exact reasons for the arrest of the persons concerned and, in particular, as to the precise nature of the documents the possession of which by those persons has, in the Government's view, justified the measures taken against them;
   • (ii) to emphasise the dangers that measures for the detention of trade unionists might entail for freedom of association if such measures are not accompanied by proper judicial safeguards, and the fact that every government should make it a rule to ensure respect for human rights and, in particular, the right of every detained person to receive a fair trial at the earliest possible moment by an impartial and independent judicial authority;
   • (iii) to request the Government to be good enough to indicate whether the trade unionists mentioned in the complaint have been or are going to be tried with all the safeguards of regular judicial procedure and, if so, to communicate the text of the judgments given and the grounds therefor;
   • (iv) to draw the Government's attention to the principles set out in paragraphs 350 and 351 above and to express the hope that Mr. Ngamby's status as member of the Governing Body will receive due consideration in the light of the Government's obligations under article 40 of the I.L.O. Constitution, according to which members of the Governing Body should, as such, enjoy " such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation ", and of the importance attached by the Governing Body and the Conference to the discharge of these obligations;
   • (c) to note the present interim report, on the understanding that the Committee will report further when it has received the additional information indicated in subparagraph (b) (i) and (iii) above.