Report in which the committee requests to be kept informed of development - REPORT_NO70, 1963

1. 43. This case, which had already been the subject of interim reports by the Committee at its meetings in November 1961 and May 1962, was further examined by the Committee at its meeting in October 1962, when the Committee submitted a further interim report in paragraphs 400 to 446 of its 66th Report, which was approved by the Governing Body on 8 November 1962 in the course of its 153rd Session.
2. 44. Paragraph 446 of the Committee's 66th Report contains the recommendations of the Committee, as approved by the Governing Body, and reads as follows:
3. 446. In all the circumstances the Committee recommends the Governing Body:
   • (a) to decide, with regard to the allegations relating to the detention or restriction of movements of trade union leaders:
   • (i) to take note of the Government's statement that Mr. Foya, Chairman of the Gwelo branch of the Transport and Allied Workers' Union, is the only one of the trade union leaders referred to by the complainants who is still subject to a restriction order;
   • (ii) to draw the attention of the Government once again to the importance which the Governing Body has always attached to the right of all detained persons to receive a fair trial at the earliest possible moment;
   • (iii) to draw the attention of the Government once again to its view that the restriction of a trade union officer's movements is inconsistent with the normal enjoyment of the right of association and with the exercise of the right to carry on trade union activities and functions and should, like actual detention, be accompanied by adequate judicial safeguards applied within a reasonable period;
   • (iv) to request the Government, if it is not intended to afford a fair trial at an early date to the trade union officer who is still subject to a restriction order, to indicate what measures are being taken or are envisaged, having regard to the hopes expressed by the Prime Minister of Southern Rhodesia in his press statement issued on 28 March 1962, to lift the restrictions so that the trade union officer concerned may resume his trade union functions in full freedom;
   • (b) to decide, with regard to the allegations relating to registration of trade unions under the Industrial Conciliation Act, 1959:
   • (i) to take note of the statement of the Government of the United Kingdom to the effect that the Government of Southern Rhodesia has agreed that sections 37 and 48 of the Industrial Conciliation Act, 1959, be amended to make all appeals against the refusal or cancellation of registration of organisations by the registrar, without exception, lie to the Industrial Court;
   • (ii) to draw the attention of the Government of the United Kingdom once again, having regard to the observations of the I.L.O. Committee of Experts on the Application of Conventions and Recommendations referred to in paragraph 428 above, to the desirability of defining clearly in the legislation the precise conditions which trade unions must fulfil in order to be entitled to registration and of prescribing specific statutory criteria for the purpose of deciding whether such conditions are fulfilled or not;
   • (iii) to express the hope that it will be found possible to effect the legislative amendments referred to in subparagraph (i) above at an early date, and that, when this is done, account will also be taken of the considerations set forth in subparagraph (ii) above;
   • (iv) to request the Government of the United Kingdom to be good enough to keep the Governing Body informed as to further developments in this connection;
   • (c) to decide, with regard to the allegations relating to the organising rights of agricultural workers and domestic servants:
   • (i) to draw the attention of the Government to the fact that in undertaking to apply the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), without modification to Southern Rhodesia, it has assumed the obligation under Article 2 of that Convention to guarantee the right of all employed persons " to associate for all lawful purposes ";
   • (ii) to request the Government having regard to the observation made in 1961 by the I.L.O. Committee of Experts on the Application of Conventions and Recommendations, as indicated in paragraph 438 above, and to the statement of a Government representative to the Conference Committee on the Application of Conventions and Recommendations in 1961 that the question of the inclusion of agricultural workers and domestic servants within the Industrial Conciliation Act, 1959, would be further considered in the light of the observation of the Committee of Experts-to indicate what measures it is proposed to take to give full effect to Article 2 of the said Convention in respect to these categories of workers.
4. 45. These conclusions were brought to the notice of the Government of the United Kingdom by a letter dated 14 November 1962, in which the Government was asked to be good enough to furnish the further information requested by the Governing Body, as indicated in subparagraphs (a) (iv), (b) (iv) and (c) (ii) of paragraph 446 of the 66th Report cited above.
5. 46. Further information on the matter referred to in paragraph 446 (a) (iv) of the 66th Report was furnished by the Government in a communication dated 8 March 1963, and in a communication dated 10 May 1963 the Government stated that the new Government of Southern Rhodesia, elected in December 1962, was considering the other matters referred to in that paragraph.
6. 47. The Government of the United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), and has undertaken, with the agreement of the Government of Southern Rhodesia, to apply its provisions without modification to Southern Rhodesia. The Government has also 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), but has reserved its decision regarding the application of the provisions of these Conventions to Southern Rhodesia.

A. A. The complainants' allegations

• Allegations relating to the Detention or Restriction of Movement of Trade Union Leaders
  48. 48 These allegations related originally to the situation in January 1961 when, following the declaration of a state of emergency in Southern Rhodesia in February 1959, some 20 trade union leaders were still in detention and others were subject to restriction orders.
  49. 49 In paragraphs 405 to 422 of its 66th Report the Committee fully analysed this aspect of the case and traced the history of its previous consideration of the matter, up to the point where, at the time of the Committee's meeting in October 1962, the position was that none of the trade union leaders referred to in the complaint remained in detention and only one-Mr. Foya, Chairman of the Gwelo branch of the Transport and Allied Workers' Union-was still subject to a restriction order. It was in these circumstances that the Committee submitted to the Governing Body the recommendations contained in paragraph 446 (a) of its 66th Report, cited in paragraph 44 above.
  50. 50 In its communication dated 8 March 1963 the Government states that Mr. Foya has been released from the restriction order.
  51. 51 In these circumstances the Committee recommends the Governing Body:
      • (a) to take note of the Government's statement that Mr. Foya, Chairman of the Gwelo branch of the Transport and Allied Workers' Union, is no longer subject to a restriction order;
      • (b) to decide accordingly, while reaffirming the principles to which the attention of the Government was drawn in paragraph 446 (a) (ii) and (iii) of the 66th Report of the Committee, that there is no reason for it to pursue further its examination of this aspect of the case.
  52. Other Allegations
  52. 52 Allegations relating to the registration of trade unions under the Industrial Conciliation Act, 1959, and to the organising rights of agricultural workers, domestic workers and government employees were examined in paragraphs 423 to 445 of the 66th Report of the Committee. These were the allegations concerning which the Governing Body requested the Government to furnish further information, as indicated in subparagraphs (b) (iv) and (c) (ii) of that report, cited in paragraph 44 above.
  53. 53 In a communication dated 10 May 1963 the Government of the United Kingdom stated that the new Government of Southern Rhodesia elected in December 1962 is now considering the matters in question.