Informe provisional - Informe núm. 12, 1954

447. The Committee recalls that it dealt in its Sixth Report with a number of complaints relating to Tunisia. After the Governing Body had adopted this report 14 further complaints concerning Tunisia came before the Committee. As these related in part to new events and in part to questions already dealt with by the Committee, the latter decided, at its meeting in June 1953, that four of the complaints which added no new material to allegations regarding which it had already formulated recommendations in its Sixth Report called for no further action. With regard to four more of the complaints the Committee noted that a large number of similar and often more explicit allegations had been referred to it during its previous examination of the Tunisia case. Having concluded on that occasion that these allegations did riot call for further examination, subject to certain recommendations addressed to the French Government on the subject of the trade union situation as a whole in Tunisia, the Committee decided in June 1953 that these four complaints should be communicated to the French Government only for information, the Government's attention being drawn on this occasion to the recommendation made by the Governing Body, based on the report of the Committee, after the previous investigation of similar allegations. On the other hand, the Committee took the view that the remaining six of the 14 complaints before it related to events on which it had not yet given an opinion and decided, therefore, that they should be communicated to the French Government for its observations.

1. 447. The Committee recalls that it dealt in its Sixth Report with a number of complaints relating to Tunisia. After the Governing Body had adopted this report 14 further complaints concerning Tunisia came before the Committee. As these related in part to new events and in part to questions already dealt with by the Committee, the latter decided, at its meeting in June 1953, that four of the complaints which added no new material to allegations regarding which it had already formulated recommendations in its Sixth Report called for no further action. With regard to four more of the complaints the Committee noted that a large number of similar and often more explicit allegations had been referred to it during its previous examination of the Tunisia case. Having concluded on that occasion that these allegations did riot call for further examination, subject to certain recommendations addressed to the French Government on the subject of the trade union situation as a whole in Tunisia, the Committee decided in June 1953 that these four complaints should be communicated to the French Government only for information, the Government's attention being drawn on this occasion to the recommendation made by the Governing Body, based on the report of the Committee, after the previous investigation of similar allegations. On the other hand, the Committee took the view that the remaining six of the 14 complaints before it related to events on which it had not yet given an opinion and decided, therefore, that they should be communicated to the French Government for its observations.
2. 448. By a letter dated 13 July 1953 the Director-General informed the French Government of the Committee's decision and communicated to it the text of the four complaints intended for its information and of the six complaints referred to above for its observations.
3. 449. By a letter dated 6 November 1953 the French Government replied to this communication.
4. 450. At its Seventh Session (November 1953) the Committee took the view that it could not formulate its recommendations to the Governing Body until it had obtained certain further information from the French Government.
5. 451. Further, having before it for an opinion a complaint presented by the Trade Unions International of Postal, Telegraph, Telephone and Radio Workers, the Committee recommended to the Governing Body that it should be communicated to the French Government for its observations The Governing Body approved this recommendation at its 123rd Session (November 1953).
6. 452. By a letter dated 22 February 1954 the French Government forwarded further observations to the Director-General, relating, in particular, to the complaint presented by the Trade Unions International of Postal, Telegraph, Telephone and Radio Workers referred to above.

B. Complaints Addressed to the French Government for Information

• Analysis of the Complaints
  453. 453 These four complaints were presented by the Miners' Trade Union International, the World Federation of Trade Unions and the Congress of Tunisian Workers' Unions (U.S.T.T). They contain, in particular, the following allegations:
• Measures of Repression
  454. 454 In the village and at the mine of Djebel M'Dilla, on 14 February 1952, repressive measures were exercised against the miners. The police ransacked and looted the workers' houses and collected and burned cards, stamps and newspapers of the U.S.T.T.
• Arrest and Expulsion of Trade Union Leaders
  455. 455 On several occasions trade union leaders were arrested, expelled and banished. Belhassen Khiari, General Secretary of the U.S.T.T, was arrested on the pretext that he was in possession of trade union material.
• Prohibition of a Trade Union Newspaper
  456. 456 The circulation, distribution and sale of the newspaper Echaab Ettounsi, published by the U.S.T.T, was prohibited under an Order of the Resident-General dated 6 March 1952.
• Restrictions placed on the Organisation of a Trade Union Congress
  457. 457 The Administration prohibited the use of the hall of the Palais des sociétés françaises, thus hampering organisation of the Third Congress of the U.S.T.T.
• Prohibition of May Day Demonstrations
  458. 458 Demonstrations arranged for May Day 1953 were prohibited.
• Analysis of the Reply
  459. 459 The French Government gives the following information with regard to these various allegations.
• Measures of Repression
  460. 460 Referring particularly to the incidents at Djebel M'Dilla the Government formally denies that the members' cards, stamps and newspapers of the U.S.T.T were burned by the police. According to the Resident-General's information, no complaint was ever lodged concerning the matters complained of. Nevertheless, the Resident-General has had a careful inquiry made into the matters in question.
• Arrest and Expulsion of Trade Union Leaders
  461. 461 As previously demonstrated, trade union members and leaders are also active members of political parties and, in particular, the Communist Party and the Néo-Destour. Measures were taken against some of then in respect of their political and not of their trade union activities. However, the leaders of the U.S.T.T banished in 1952 following plans for causing disturbances which they had formulated jointly with the leaders of the Néo-Destour have all been liberated subsequently.
  462. 462 Following the assassination of the Vice-Chairman of the Tunis municipal authority the authorities responsible for maintaining order, fearing the possible repercussions of this murder, decided upon the temporary banishment of certain persons known for their subversive political activities. Mr. Belhassen Khiari was banished on 2 May 1953, not in his capacity as Secretary-General of the U.S.T.T but because of his activities as an active member of the Communist Party. It is, therefore, wrong to contend that he was arrested for being in possession of trade union material. No material relating to the trade union activities of the person in question was seized at his home.
• Prohibition of a Trade Union Newspaper
  463. 463 The circulation, distribution and sale of the newspaper Echaab Ettounsi were prohibited by a Residential Order of 6 March 1953. This measure was taken following the publication on 6 March 1952 by this official organ of the U.S.T.T of articles describing in a tendentious manner the events which occurred in Cape Bon in February 1952. These articles, an analysis of which the French Government attaches to its reply, not only record inaccurate facts but contain scarcely disguised appeals for open insurrection.
• Restrictions Placed on the Organisation of a Trade Union Congress
  464. 464 The Palais des sociétés françaises has always been free for use solely for meetings organised by the French regional societies. Just after the war, because of the upset and damage resulting from the war, the Palais was lent as an exceptional and temporary measure to certain other organisations in addition to the societies, but, following the return to a normal situation, the original practice was resumed. No trade union organisations of any denomination have any rights concerning the use of the Palais. The refusal to allow the U.G.T.T or U.S.T.T to use this hall was, therefore, in no way discriminatory. The same refusal has been made in respect of requests for its use by other organisations apart from the French regional societies.
• Prohibition of May Day Demonstrations
  465. 465 On the occasion of May Day 1953 only processions and assemblies on the public highway were prohibited, pursuant to the state of siege, which does not permit any demonstration on the highways. This prohibition did not extend to meetings in trade union premises. Meetings were organised by the U.G.T.T and the U.S.T.T without any incident or hindrance, in particular, at Tunis, Sousse, Sfax, Gabès and other mining centres in the region.
• Conclusions
  466. 466 It should be remembered that the four complaints analysed above were communicated to the French Government for information only, as they refer to allegations similar to those on which the Committee has already given a decision in its Sixth Report (France-Tunisia, Case 40). The French Government has nevertheless seen fit to give very detailed information with respect to each of these complaints. It would appear upon examination both of the complainants' allegations and of the Government's reply that, while the Government has felt obliged, in view of the state of siege, to have recourse as in the past to certain exceptional measures for the maintenance of public order, none of these measures seems to have resulted in, or to have been intended to result in, any direct infringement of the exercise of trade union rights. In these circumstances the Committee considers that there is no reason to take action on these complaints.

C. Complaints Communicated to the French Government for its Observations

• Analysis of the Complaints
  467. 467 The Committee had before it seven complaints, presented respectively by the World Federation of Trade Unions, the Trade Unions International of Leather Workers (Prague), the Trade Unions International of Chemical and Allied Workers (Budapest), the General Confederation of Labour of the Rumanian People's Republic, the General Union of Tunisian Workers and the Trade Unions International of Postal, Telegraph, Telephone and Radio Workers.
• Murder of Ferhat Hached
  468. 468 In the first four complaints it is alleged that the French Government was responsible for the murder of Ferhat Hached, Secretary-General of the General Union of Tunisian Workers (U.G.T.T) -" a further demonstration of the terroristic methods used to suppress trade union rights in Tunisia ".
• Restriction of the Right of Meeting of Trade Unions
  469. 469 In two other complaints it is alleged that, in certain localities in Tunisia, private meetings of trade unions have been made subject to prior authorisation. In Gabès, in particular, a private meeting of officials affiliated to the U.G.T.T, to have been held on 29 March 1953 in the U.G.T.T local premises, was prohibited by the Civil Commissioner in Gabès. The complainant annexes a copy of a letter in which the Civil Commissioner states that " the meeting arranged for Sunday, 29 March 1953, at 10 a.m., in the U.G.T.T premises, with a view to appointing officers for the federal section of officials, is not authorised ".
• Measures Taken against Trade Union Militants
  470. 470 The complaint most recently presented alleges that many trade union militants have been proceeded against and, in particular, that Messrs. Riahi and Fahrat, leaders of a P.T.T union, have been deported to Southern Tunisia.
• Analysis of the Replies Dated 6 November 1953 and 22 February 1954
  471. 471 The observations presented with respect to these allegations by the French Government may be summarised as follows:
• Murder of Ferhat Hached
  472. 472 This matter was referred promptly to the judicial authorities. It is not possible for the administrative authorities to interfere in a pending judicial proceeding. The French authorities, moreover, have several times expressed their desire that the investigations may lead to the discovery and prosecution of those guilty of this murder.
• Restriction of the Right of Meeting of Trade Unions
  473. 473 Under the state of siege all public meetings are subject to prior authorisation. But trade union meetings are favoured to the extent that they are not made subject to prior authorisation but to the simple forwarding of a notification 48 hours in advance. In many cases the authorities responsible do not insist on the strict application even of this formal requirement.
  474. 474 However, during the period preceding the elections of caids and municipal representatives, it was noted that the U.G.T.T, under the cover of trade union meetings, was actually organising meetings of a political character. In these circumstances certain local authorities found it necessary to remind the trade unions that such meetings require a declaration to be made in advance. This reminder is the real reason for the complaint.
  475. 475 In Gabès the Tunisian Teachers' Union affiliated to the Federation of Tunisian Officials held a private meeting on 22 March 1953 in the premises of the U.G.T.T, which was attended by officials belonging to different administrations. The discussion extended far beyond the trade union sphere and, in particular, bore on the policy of reform in the Regency and on the approaching elections. According to the Civil Commissioner's information the meeting arranged for 29 March 1953 was also intended to deal with political questions and, in particular, with the elections. In view of the precedent established by the meeting on 22 March 1953 and of the fact that during this election period the large majority of trade union meetings were assuming a clearly political aspect, the Civil Commissioner prohibited the meeting arranged for 29 March 1953.
• Measures Taken against Trade Union Militants
  476. 476 The Government emphasises the fact that measures which have had to be taken against trade union militants have never been taken on the ground of trade union activities but because of activities which have gone beyond the bounds of the defence of occupational interests. The Government emphasises that the militant trade unionists against whom the measures were taken were also active members of political groups and regrets that certain trade unionists do not draw a clear distinction between their two affiliations but, instead, generally merge their trade union activities with their political activities. The Government admits that some of the principal leaders of the General Union of Tunisian Workers were banished in December 1952 after instructions for provoking general disorder had been drawn up in concert with certain political leaders, but states that all were set free without restriction in the ensuing months. As for the transfer to another place of duty of Messrs. Riahi and Fahrat, this was revoked on 28 November 1953 and the two persons concerned have resumed the duties which they previously performed at the principal Receiver's Office in Tunis.
• Conclusions
• Murder of Ferhat Hached
  477. 477 The complainants allege that the French Government was responsible for the murder of Ferhat Hached, General Secretary of the General Union of Tunisian Workers. In its reply dated 6 November 1953 the Government emphasised that the matter was referred promptly to the judicial authorities and that the administrative authorities had no right to intervene in a pending judicial proceeding.
  478. 478 At its Seventh Session (November 1953) the Committee, while noting the information furnished by the French Government, expressed a desire to be informed as to the results of these proceedings. In its letter dated 22 February 1954 the Government repeats in substance the observations which it presented earlier and again emphasises " that the administrative authorities have no right to intervene in a pending judicial proceeding " and that the French authorities have never concealed their desire that the affair should be brought to a satisfactory conclusion.
  479. 479 The Committee considers that, as the matter is pending before the ordinary courts, it is not appropriate for the Committee to consider these allegations further at the present stage. In view of the trade union responsibilities of Ferhat Hached the Committee recommends the Governing Body to request the French Government to be good enough to inform it in due course of the results of the pending judicial proceedings.
• Measures Taken against Trade Union Militants
  480. 480 It is alleged that numerous trade union militants have been proceeded against and, in particular, that Messrs. Riahi and Fahrat, both leaders of a P.T.T union, were deported to Southern Tunisia.
  481. 481 In its reply the Government emphasises that where measures have had to be taken against certain trade union militants the reason has been their activities in the political field and not their trade union activities. The Government observes that it has' been abundantly proved that several trade union militants are also active members of political groups and deplores the fact that some of them are only too ready to fail to draw a clear distinction between their two affiliations, their trade union and political activities, in fact, generally being closely related to one another.
  482. 482 The Committee notes that it also appears from the statements made by the Government that the precise allegation contained in the complaint concerning the deportation of Messrs. Riabi and Fahrat has become purposeless, because the measure taken against them has been revoked and they have resumed their previous functions in the principal Receiver's Office in Tunis.
  483. 483 The Committee, having regard to the observations which it made in its Sixth Report in connection with an earlier case relating to Tunisia, draws the attention of the parties concerned once again to the text of the resolution adopted by the International Labour Conference at its 35th Session (1952), which declares, in particular, that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers and that when trade unions in accordance with the national law and practice of their respective countries and at the decision of their members decide to establish relations with a political party or to undertake Constitutional political action as a means towards the advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions irrespective of political changes in the country.
• Restriction of the Right of Meeting of Trade Unions
  484. 484 According to the statements made by the complainant prior authorisation is required in certain Tunisian localities for private trade union meetings, and at Gabès, in particular, a meeting in the U.G.T.T's own premises was prohibited.
  485. 485 It appears from the Government's observations that the trade union meetings for which, according to the complainant, prior authorisation is required are public meetings. It appears further that trade unions enjoy particularly favourable treatment. In fact, their meetings are not subject to prior authorisation but to simple notification, a formality which is often not insisted upon at all but of which the trade unions were reminded during the period of the recent elections.
  486. 486 In these circumstances the Committee considers that the complainant has not offered sufficient proof in support of the allegation that the French Government has infringed trade union rights by making all trade union meetings subject to prior authorisation.
  487. 487 With respect to the allegation concerning the prohibition of a private meeting in the premises of the U.G.T.T in Gabès, it appears both from the complaint and from the Government's observations that this private meeting was in fact prohibited.
  488. 488 The Committee recalls that it has emphasised on many occasions that the freedom of trade union meetings constitutes a fundamental aspect of trade union rights.
  489. 489 The Committee notes that, in the case under review, the competent authority prohibited the meeting in the U.G.T.T premises because it formed the view, based on certain specific facts, that this meeting might deviate from trade union purposes and be used for political ends.
  490. 490 The Committee notes further that the French Government has emphasised that the measures which it has been obliged to take have never been taken because of trade union activities but because of activities extending beyond the bounds of the defence of occupational interests.
  491. 491 While considering that it should draw the French Government's attention once more, as it did in its Sixth Report in connection with the earlier case relating to Tunisia, to " the desirability of according to the Tunisian trade union movement the greatest possible measure of freedom of action in the occupational sphere which is compatible with the maintenance of public order ", the Committee considers, in this connection also, that it would be desirable for the parties concerned to have regard, in the interests of the normal development of the Tunisian trade union movement, to the principles enunciated in the resolution adopted by the International Labour Conference at its 35th Session (1952) which were referred to in paragraph 483 above.