Effect given to the recommendations of the committee and the Governing Body - REPORT_NO343, November 2006

Effect given to the recommendations of the Committee and the Governing Body

1. 28. In its previous examination of the case at its November 2005 session [see 338th Report, paras. 512-535], the Committee requested the Government: to provide it with a copy of any court ruling regarding the legality of the second congress of the Single National Union of Teachers and Professors in the Teachers’ Training Faculty (SNUIPEN); to keep it informed of the conclusions of the inquiry by the Secretary of State for Defence into the circumstances surrounding Mr. Ze’s detention on 16 April 2004; to give specific instructions to members of the police force with regard to due respect for the law when they make arrests, detain people on remand and lay charges; to take the necessary measures to find out how the assets of the SNUIPEN are managed, for example, under judicial control, if the competent court considers it necessary once it has given a ruling on all the matters under consideration; and to keep it informed of the action taken on all the recommendations above.
2. 29. In a communication dated 7 March 2006, Mr. Joseph Ze, in his capacity as general secretary of the SNUIPEN, informs the Committee that he was released on 22 November 2005 after being held in preventive detention for ten months. Mr. Joseph Ze, on behalf of the SNUIPEN, states that the persecution against him continues as, following his acquittal by the Court of First Instance for unspecified acts, the public ministry launched an appeal and he is under threat of being arrested again. Mr. Joseph Ze has submitted a report to the Committee titled “Manifesto against violations of trade union rights in Cameroon” which repeats, in particular, the circumstances of his arrest, detention and the legal proceedings regarding the charge against him of embezzling public monies.
3. 30. In his communication of 19 May 2006, Mr. Joseph Ze, in his capacity as general secretary of the SNUIPEN, reiterates his complaint. He explains why he does not trust the legal system. Mr. Joseph Ze states that the Government believes him to have embezzled trade union funds whereas in law he has been accused of embezzling public monies. Mr. Joseph Ze states that the Government considers that he is no longer the general secretary of the SNUIPEN. This proves, according to Mr. Ze, that the SNUIPEN has suffered gross interference. Mr. Joseph Ze alleges that the Government has knowingly ratified false resolutions and encouraged dissident factions within the unions, dissidents who organized a destabilizing congress.
4. 31. In communications dated 2 May and 31 August 2006, the Government replies to the additional information provided by Mr. Joseph Ze. According to the Government, the fact that Mr. Joseph Ze was acquitted shows that the earlier allegations of judicial harassment were unfounded. As regards the possibility of an arrest in the future, the Government maintains that it is within its rights to lodge an appeal. The Government does not believe its role is to cover up for trade unionists accused of embezzling trade union funds.
5. 32. The Committee takes note of Mr. Joseph Ze’s release on 22 November 2005. It also notes his acquittal by the Court of First Instance for embezzling public monies and the appeal lodged against this acquittal by the Government. It requests the Government to keep it informed of the result of this appeal. As regards the allegations regarding the legality of calling a second SNUIPEN congress and the alleged removal from office of Mr. Ze, the Committee recalls that the parties may request the competent court to examine this matter and make a ruling based on proven facts and relevant provisions of the SNUIPEN’s by-laws. The Committee requests the Government and the complainant to indicate if such an appeal has been made and, if so, its outcome. In addition, the Committee reiterates its request for the Government to keep it informed of the conclusions of the inquiry by the Secretary of State for Defence into the circumstances surrounding Mr. Ze’s detention on 16 April 2004.