Definitive Report - REPORT_NO124, 1971

1. 34. This case was first considered by the Committee at its session in February 1970 (see 116th Report, March 1970, paragraphs 380 to 390). At this session the Committee, deploring the fact that the Government had not made more detailed information available to it, recommended the Governing Body to request the Government to supply its detailed observations on the various allegations made and on the position of Mr. Patrick Tennessee, General Secretary of the Guyana National Confederation of Workers and Peasants, who, it was alleged, had been imprisoned.
2. 35. The case was further considered by the Committee at its sessions in May 1970, November 1970 and February 1971, at each of which the Committee adjourned its examination of the case since the observations requested from the Government had not yet been received.
3. 36. The Government's observations, contained in a communication addressed to the ILO dated 3 February 1971, were received on 22 March 1971.
4. 37. Guyana 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. 38. With regard to the allegation that the local police had, on five occasions, forced their way into the premises of the Guyana National Confederation of Workers and Peasants and unlawfully seized documents and other material belonging to the organisation, the Government states that members of the Criminal Investigation Department, acting under due process of law, searched premises at 109 Regent Road, Bourda, Georgetown, on two occasions (6 June and 8 September 1969). The Government states that these premises were being used as the headquarters of an organisation calling itself the Guyana National Party (GNP), of which Mr. Patrick Tennessee claimed to be leader. There was sufficient evidence, the Government continues, that the GNP was a subversive organisation which had established links with, and was financed by, a foreign power hostile to Guyana. The Government states that the searches had nothing to do with the union or with the trade union activities of Mr. Tennessee. They were carried out for reasons of state security and were concerned with the activities of the GNP. The Government further states that, on both occasions, documents relating to the GNP were taken away for examination, but were subsequently returned.
2. 39. As regards the allegation concerning the arrest and deportation of a leader of the Latin American Federation of Christian Trade Unions (CLASC), Mr. Adolfo Bonilla, a Nicaraguan who was organising a trade union seminar in Georgetown, and the arrest of a Canadian, Mr. Andrew Blackwell, who was collaborating in the seminar, the Government states that both these persons were deported for breaches of the immigration laws and procedures. Neither had obtained written permission from the Ministry of Home Affairs to enter Guyana for the purpose of engaging in work, as is required by Ministry directives. " Work ", as defined by these directives, includes lecturing, organising seminars, etc. These persons were given permits by the immigration authorities to remain in Guyana for three days, and both failed to obtain extensions of their permits. Thereafter, they became prohibited immigrants under section 11 of the Immigration Ordinance, chapter 98 of the Laws of Guyana. Both, the Government states, had deceived the immigration authorities by declaring that the purpose of their visit was a holiday for ten days. The Government supplies photostat copies of the disembarkation cards of Messrs. Bonilla and Blackwell. In connection with the complainant's statement that Mr. Bonilla had a visa valid for six months, the Government explains that this does not confer any right to enter a country; and the final decision to enter a country, and the length of the stay, rests with the immigration authorities at the port of entry.
3. 40. As regards the allegation concerning the imprisonment of Mr. Patrick Tennessee, the Government states that this person was not imprisoned on 10 September 1970, nor has he ever been imprisoned in Guyana. The Government adds that, since the complaint was submitted, Mr. Tennessee has travelled abroad without hindrance by the Government and is at present in Guyana, where he enjoys the full rights of a citizen and the full protection of the law.
4. 41. In its reply to the allegation that the mail of the union had, for some time, been intercepted, the Government states that no government agency has ever intercepted the mail of this or any other organisation. Indeed, the Government adds, it would be illegal to do so unless authorised by law during a state of emergency.
5. 42. The Government denies the allegation that persons were ill-treated in the course of the two searches which the police carried out. Moreover, adds the Government, such action on the part of the police would render them liable to sanctions under the criminal and civil law. The allegation that the lives of union members were in danger was absurd and wholly untrue. In this connection, the Government states that no member of the union has been imprisoned, injured, threatened or prosecuted by any government official or agency.
6. 43. In addition, the Government points out that the Guyana National Confederation of Workers and Peasants, although registered as a trade union since 1964, has never been active, has no known membership, and has never complied with the legal requirements regarding the filing of annual returns.

B. B. The Committee's conclusions

1. 44. As regards the allegation that the offices of the Guyana National Confederation of Workers and Peasants were entered by the police and certain material removed, the Committee notes the Government's explanation that there was sufficient evidence that an organisation using these premises, known as the Guyana National Party, was subversive in character. The Committee takes the view that no evidence has been supplied by the complainants to substantiate the allegation of repression of the union or of interference by the Government in the normal trade union activities of the union. For this reason, it recommends the Governing Body to decide that this aspect of the case does not call for further examination.
2. 45. Concerning the cases of Mr. Bonilla and Mr. Blackwell, the Committee observes that these persons were deported in accordance with the law for failure to comply with national immigration regulations, and not as a result of their connection with, or participation in, a trade union study seminar as indicated by the complainants. The Committee accordingly considers that no purpose would be served in pursuing further its examination of this allegation and recommends the Governing Body to decide that this aspect of the case does not call for further examination.
3. 46. With regard to the case of Mr. Tennessee, the Committee notes the Government's statement that this person has at no time been imprisoned, and that he is at present in Guyana enjoying the full rights of a citizen and the full protection of the law. In the circumstances, the Committee can only recommend the Governing Body to decide that there would be no point in examining this aspect of the case further.
4. 47. With regard to the general allegations of threats, ill-treatment and arrests of trade unionists, the Committee notes that the complainants have supplied no precise information in this respect, and on the other hand, it observes that the Government wholly denies those allegations and states that no member of the union has been imprisoned, injured, threatened or prosecuted by any government official or agency. Since the complainants have therefore not supplied any information in support of these allegations the Committee does not feel that it can reach any conclusions on these matters. It accordingly recommends the Governing Body to decide that these allegations are too vague to permit consideration of them on their merits.