Rapport définitif - Rapport No. 2, 1952

A. A. The complainants' allegations

• Analysis of the Complaint
  51. 51 The complainant makes the following allegations:
      • (a) The employees of the Meteorological Service affiliated to the Gold Coast Trade Union Congress organised a strike in October 1949. Consequent upon this labour dispute several of these employees were dismissed. In spite of the efforts of the Congress, continued during several months, a large number of them were not reinstated in their posts.
      • (b) In order to secure the reinstatement of these employees, the Congress organised sympathetic strikes in January 1950. Under existing legislation general strikes are illegal. The Governor of the Colony considered this sympathetic strike illegal in spite of its being concerned exclusively with a trade dispute.
      • (c) Using the pretext of a general political movement which was in progress at the same time, the Governor of the Colony proclaimed a state of emergency. Intervening against the strikers, the police, among other things, made numerous arrests. Among those arrested were two leaders of the Trade Union Congress; they were subsequently sentenced to eight and twelve months' imprisonment respectively by virtue of an Emergency Ordinance under which any person who participated in an illegal strike or incited others to participate therein could be condemned to one year's imprisonment and a fine of £25.
  52. Analysis of the Reply
  52. 52 In its reply, concerning the first allegation, the Government of the United Kingdom affirms that by their participation in a strike the employees of the Meteorological Service, as civil servants, rendered themselves liable to disciplinary action. Not having returned to work in spite of the warnings of the Government, some employees were dismissed, which action, under the pertinent legislation which requires continuous service for the award of a pension, automatically resulted in the loss of their pension rights. The Government refused to negotiate under the threat of a general strike and could not entertain the proposals of the Congress which combined the claims of the employees of the Meteorological Service with general political demands. In 1951, however, a new Constitutional system having been legally established, the Government decided to reinstate all the dismissed employees without discrimination and to take legislative action to restore their pension rights.
  53. 53 As for the second allegation, the Government affirms that the Trade Union Congress used the sympathetic strike organised for the dismissed employees to put pressure on the Government in the campaign for Constitutional reform which the Congress was actively conducting. Such a strike was illegal under existing laws.
  54. 54 As concerns the third group of allegations, the Government points out that, in view of the tense situation brought about by the general strike, it was obliged to proclaim a state of emergency. Certain leaders in the strike were arrested, among whom were two leaders of the Trade Union Congress. The latter were sentenced, one to eight months' imprisonment for having incited an illegal strike, the other to twelve months' imprisonment on a similar charge and also for violation of the regulations issued by virtue of the proclamation of the state of emergency.

B. B. The Committee's conclusions

1. 55. The Government of the United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947, in respect of the Gold Coast.
   • Allegation concerning the Dismissal of Employees of the Meteorological Service
2. 56. According to the statements made by both the complainant and the Government, a dispute took place between the Government and the employees of the Meteorological Service organised in a union affiliated with the Gold Coast Trade Union Congress. It was consequent upon this dispute that some employees were dismissed with loss of their pension rights. It appears from the reply of the Government that all the employees dismissed were ultimately reinstated and that measures have been taken to restore their pension rights. The dispute having been thus settled, this allegation would not seem to merit further examination on the part of the Governing Body.
   • Allegation concerning the Sympathetic Strike
3. 57. The complainant alleges that under existing laws in the territory general strikes are illegal. In its reply the Government cites the text of the relevant legal provisions, i.e., the Gold Coast Conspiracy and Protection of Property (Trade Disputes) Ordinance, 1941, from which it appears that even a general strike would not be illegal for the sole reason that " it has any object other than, or in addition to, the furtherance of a trade dispute within the trade or industry in which the strikers are engaged ", but only if it is " designed or calculated to coerce the Government either directly or by inflicting hardship upon the community ". The complainant claims that the strike organised by the Trade Union Congress had for its sole purpose the support of the claims of the employees of the Meteorological Service and that it was pure coincidence that the political campaign for revision of the Constitution of the territory was organised at the same time. The Government reply, however, cited a statement made by the Trade Union Congress in which the latter declared itself ready to withdraw the general strike order on condition not only that satisfaction be given to the employees of the Meteorological Service but also that a meeting of representatives of the entire territory and also of the Trade Union Congress be called to consider a report of the Committee on Constitutional Reform. In these circumstances, the facts do not appear to bear out the allegation made by the complainant that the general strike had for sole purpose to support the claims of the employees of the Meteorological Service, and it would accordingly seem that this allegation should be dismissed.
   • Allegations concerning the State of Emergency
4. 58. In view of the fact that these allegations relate to a political situation which no longer exists, a new Constitutional system embodying a large measure of self-government through Ministers responsible to an elected legislature having been legally established in 1951, the Committee considers that it would no longer be profitable to examine these allegations further.