Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 15, 1955

A. A. The complainants' allegations

1. 186. In a communication addressed to the Secretary-General of the United Nations on 20 March 1954 and transmitted by him to the International Labour Organisation, the World Federation of Trade Unions makes the following allegations.
2. 187. On 1 February 1954, 9,000 African miners and other workers at Wankie went on strike in support of a demand for a cash indemnity instead of the foodstuffs in kind which were given to them. The Minister of Mines, pursuant to the masters and servants laws, declared the strike illegal.
3. 188. Police and military forces were sent to the Wankie coalfields. The police dispersed strike pickets, occupied the region and took control of the mines. Powers were given to the police to search all premises and make preventive arrests, to expel from the region for 30 days any person suspected of trying to " persuade other persons to act in such a manner as to impede production and the effective carrying on of essential services " and to imprison for one year any person " committing an act or making a declaration calculated to provoke the stoppage or hindrance of essential services ". Public meetings were subjected to official authorisation and, under the laws for the maintenance of public order, the giving out of any information with respect to the strike was prohibited. The complainant demands that the right of meeting and of expression of the workers should be restored and that the police powers of search and arrest should be withdrawn.
4. 189. The Government forcibly denied legitimate rights to the African workers in order to guarantee the Wankie coalfields specific profit margins in the years 1953-1958 inclusive.
5. 190. The complainant demands that measures be taken to ensure to African workers in Southern Rhodesia the full right to organise in officially recognised trade unions and the right to put forward the legitimate demands of the workers and to bargain collectively.
   • ANALYSIS OF THE REPLY
6. 191. In a communication dated 20 January 1955, submitted on behalf of the Governments of the Federation of Rhodesia and Nyasaland and of Southern Rhodesia, the Government of the United Kingdom makes the following observations.
7. 192. The stoppage took place without warning and brought the whole Southern Rhodesian coal-mining industry to a standstill. This created a serious situation and, having regard to the large numbers of men involved, their lack of trade union organisation and discipline and the remoteness of the site, precautionary measures had to be taken in order to make it possible to preserve law and order and prevent acts of violence. The police were reinforced, and a small military force was sent to the area, to aid the civil power if needed, but took no action at any time ; neither police nor military took control of the mines and their relations with the strikers remained wholly friendly. The police had emergency powers to arrest and detain in order to prevent persons endangering public safety or disturbing peace and order and obstructing the maintenance of essential services ; the only time these powers were exercised was on the first day of the strike, when some strikers who obstructed the entrance to one of the collieries and tried to prevent workers going to their work were arrested, informed of the regulations and then released. The police had no power to imprison anyone, such powers being exercisable only by the courts. In the interests of public order, public meetings were subjected to official authorisation, but the giving out of information about the strike was not prohibited and the press reported developments daily.
8. 193. The Government then explains the measures which it took to bring about a settlement. So far as could be ascertained at the time, the strikers' demands were of a general nature for improved conditions of employment ; but although a general feeling of dissatisfaction spread throughout the mines and culminated in a widespread stoppage of work, there was no organisation behind the strike. There were no leaders or spokesmen enjoying the confidence of the strikers who were willing to express specific demands. There was no trade union Organisation among the employees of the Wankie colliery nor were the circumstances at Wankie, where labour is almost wholly migratory and drawn from many different tribes lacking common bonds of language, propitious for the formation of such organisations. In these circumstances, negotiations between the company and the workers did not prove possible, and action by the Government became necessary to restore essential services on which the welfare of Southern Rhodesia and all its people and the livelihood of many largely depended. The Minister for Native Affairs and the Native Commissioner were at Wankie, but all conciliation efforts failed and the strikers were offered the choice of leaving their employment with their wages paid up to the date of the strike or of returning to work while their conditions of employment were investigated by a Native labour board under the Native Labour Boards Act, 1947. The large majority returned to work. A board was then immediately constituted and it recommended the setting up of joint committees comprising representatives of management and African employees, installation of a public address system, commencement of an energetic housing programme, posting of notices giving rates of pay and other conditions of service, increased rates of pay, a specific statement as to hours of work, shifts and overtime-all of which recommendations have been put into effect-and that the African employees should be informed in future before changes in conditions of service are instituted-which will be complied with as occasion arises.
9. 194. The Government rejects the allegation that its action was designed to ensure profit margins to the colliery as being devoid of all substance. Its action was at no time concerned with the financial situation of the colliery.
10. 195. The Government regards the absence of negotiating machinery as a major cause of the strike and hopes that the establishment of joint committees will enable the workers in future to give coherent expression to their views and so permit of orderly negotiation. A Bill to give specific authorisation to African trade unions is at present before the Parliament of Southern Rhodesia.

196. The Right of Association (Non-Metropolitan Territories) Convention (No. 84), 1947, is in force in respect of Southern Rhodesia.

1. Allegation that the Strike at the Wankie Coalfields Was Declared to Be Illegal
2. 197. It is alleged that the strike at the Wankie coalfields in February 1954 was declared illegal pursuant to the masters and servants laws. The Government has not made any specific comment on this allegation.
3. 198. Section 47 of the Southern Rhodesian Masters and Servants Act, 1901, provides for the imposition of penal sanctions on any servant or apprentice " who, without leave or other lawful cause, absents himself from his master's house or premises or other place proper and appointed for the performance of his work ". While questions relating to penal sanctions as such fall outside the scope of the present procedure, such a provision would appear to have the effect of making any strike by workers under contract illegal.
4. 199. In Case No. 50 (Turkey), the Committee, while recognising that the Freedom of Association and Protection of the Right to Organise Convention (No. 87), 1948, does not deal with the right to strike, considered that this right "is generally accorded to workers and their organisations as an integral part of their right to defend their collective economic and social interests, although partial and temporary restrictions are frequently placed on its exercise pending recourse to established conciliation and arbitration procedures, to which the organisations are parties at all stages ". The Committee has, in a number of cases, acknowledged that special restrictions on the right to strike in essential services may be legitimate ; it also recognises that a situation in which there is no trade union organisation and in which the almost wholly migratory character of labour drawn from many different tribes lacking common bonds of language is not propitious for the formation of such organisations, creates problems of a special character. It wishes, however, to draw attention to the importance which it attaches in such cases, as in cases in which strikes are prohibited in essential occupations, to ensuring adequate guarantees to safeguard to the full the interests of workers who may be deprived of an essential means of defending occupational interests.
5. 200. Subject to these observations, which the Committee considers should be drawn to the attention of the Government of Southern Rhodesia in connection with the legislation specifically authorising African trade unions which is pending, the Committee, having regard to the fact that the strike in this case appears to have been called without warning and before any attempt at settlement had been made, and that the strikers appear to have been neither prosecuted nor dismissed but to have been offered the choice between terminating their contracts at the date of the strike or returning to work, the dispute subsequently being settled, recommends the Governing Body to decide that this aspect of the matter does not call for further examination.
6. Allegations relating to the Measures Taken to Deal with the Strike Situation
7. 201. The complainant declares that police and military were sent to the area, that the police dispersed strike pickets and took control of the mines and that the police were given powers to search premises, make preventive arrests, expel persons trying to persuade others to act so as to impede production and the maintenance of essential services, and imprison for one year persons committing acts or making statements calculated to provoke the stoppage or hindrance of essential services, while all public meetings were subjected to official authorisation and the dissemination of information relating to the strike was prohibited. The Government deals with each point in turn, stating that police reinforcements and a small military force were sent to the area, that the military were never used but, on the contrary, were on wholly friendly terms with the strikers, that the only time the police used their emergency powers (which did not include the power to imprison anyone) was when they arrested certain persons on the first day of the strike, for a short time only, because they tried to prevent workers entering a colliery, and that, while public meetings were made subject to authorisation, no restriction was placed on the issuing of information or on reports on the situation in the daily press. The Government emphasises that the measures taken were purely precautionary, one of the main considerations being that the workers were unorganised and that, consequently, there was a lack of any trade union discipline in the area.
8. 202. The Committee notes that the measures taken by the Government were purely precautionary measures to deal with any threat to public order which might arise. Apart from the incident which occurred on the first day of the strike, the police never appear to have used their emergency powers. While measures had to be taken to deal with a situation of emergency, the Government, recognising that one considerable factor which gave rise to this situation was the lack of any trade union organisation which might have made it possible to conciliate the dispute, hastened to set up a board of inquiry and declares that its recommendations, including increased rates of pay, the posting of notices specifying rates of pay and hours of work and the setting up of joint committees of employers and workers, have been implemented and, finally, that it has introduced legislation to guarantee specifically the right to organise.
9. 203. In these circumstances, the Committee recommends the Governing Body to decide that these allegations do not call for further examination.
10. Allegation as to the Government's Intention to Favour the Employers
11. 204. It is alleged that the Government forcibly denied the legitimate rights of the African workers in order to ensure specified profit margins to the colliery. The Government declares that this allegation is devoid of all substance and that it was never concerned with the financial situation of the colliery.
12. 205. In these circumstances, the Committee considers that this allegation, which is a general statement unsupported by any specific evidence, does not call for further examination.
13. Allegations relating to the Right to Organise and to Bargain Collectively
14. 206. The complainant demands in general terms that measures should be taken to ensure to African workers in Southern Rhodesia the full right to organise in officially recognised trade unions and the right to put forward the legitimate demands of the workers and to bargain collectively, implying that these rights are denied.
15. 207. Article 2 of the Right of Association (Non-Metropolitan Territories) Convention (No. 84), 1947, which is in force in Southern Rhodesia, reads as follows:
16. The rights of employers and employed alike to associate for all lawful purposes shall be guaranteed by appropriate measures.
17. Article 3 of the Convention reads as follows:
18. All practicable measures shall be taken to assure to trade unions which are representative of the workers concerned the right to conclude collective agreements with employers or employers' organisations.
19. 208. The Government states that legislation has been introduced to give specific authorisation to African trade unions.
20. 209. The main sections dealing with the right to associate and the right to conclude collective agreements in the Bill introduced to the Legislature of Southern Rhodesia " to make provision for the enrolment and registration of Native industrial workers' unions and for other matters connected therewith and incidental thereto ", which must clearly be considered in the light of the present stage of development of trade unionism in Southern Rhodesia, are the following:
21. ......................................................................................................................................................
22. 5. (1) Subject to the provisions of this Act, Native workers employed in any particular industry in any particular area may form a Native industrial workers' union for the purpose of:
23. (a) regulating relations between themselves or some of them and their respective employers ; or
24. (b) protecting or furthering the interests of the Native workers employed or some of the Native workers employed in that industry in that area;
25. and may apply to the Registrar for the enrolment of such union and its Constitution under this Act.
26. (2) Every such application shall be made in the form prescribed and shall be accompanied by three copies of the Constitution certified by the secretary to the union.
27. (3) The secretary shall furnish such other information in regard to the union as the Registrar may require.
28. 6. (1) The Registrar may enrol an applicant union for any particular industry in any particular area if he is satisfied that:
29. (a) such union is sufficiently representative of the Native workers in that industry in that area;
30. (b) no other union is enrolled or registered for that industry in that area ;
31. (c) the Constitution is consistent with this Act and does not contain provisions which are contrary to the provisions of any law or are calculated to hinder the attainment of the objects of any law or are not in the interests of the effective functioning of the union concerned or are contrary to the public interest;
32. (d) the Constitution does not contain any provision whereby a member of the union is required to subscribe to the funds of any political party or political organization or whereby the funds of the unions may be used for furthering the interests of any political party or political organization; and
33. (e) the union has not been formed for the purpose of evading the provisions of any law or organizing opposition to or undermining the Constitution of the Colony or of the Federation.
34. (2) On enrolment the Registrar shall issue a certificate of enrolment in the form prescribed to the union concerned.
35. 7. The functions of an enrolled union shall be:
36. (a) to enrol workers in the industry and area in respect of which it is enrolled;
37. (b) to make representations with respect to the conditions of employment in the industry and area in respect of which it is enrolled ;
38. (c) to bring to the notice of a labour officer any alleged contravention of any law relating to wages or conditions of employment generally ;
39. (d) in association with an officer of the Department of Native Labour, to negotiate with an employer or group of employers in regard to the conditions of employment in the industry and in the area concerned ;
40. (e) to apply for an investigation by a Native labour board into the conditions of employment of Native workers in the industry and area in respect of which it is enrolled.
41. ......................................................................................................................................................
42. 9. (1) Any enrolled union may at any time make application to the Registrar for the registration of such union and its Constitution.
43. (2) Every such application shall be made in the form prescribed and shall be accompanied by three copies of the Constitution certified by the secretary to the union.
44. (3) The secretary shall furnish such other information in regard to the union as the Registrar may require.
45. 10. (1) The Registrar may register an enrolled union after making inquiries in regard to and considering the following matters:
46. (a) whether the affairs of the applicant union since enrolment have been conducted in an orderly manner ;
47. (b) whether the books of account, vouchers, register of members, minutes of meetings and other documents have been properly kept and maintained ;
48. (c) whether the office-bearers and officials are sufficiently educated, have a proper sense of responsibility and have the ability and qualities of leadership to manage and conduct the union on lines which are suitable and proper for the attainment of its objects ;
49. (d) whether the members are able to take an intelligent part in the affairs of the union ;
50. (e) whether the officials and office-bearers are persons of good character;
51. (f) whether the union is sufficiently representative of all Native interests in the industry and area concerned;
52. (g) the nature and scope of the industry concerned and the extent to which the Native labour in the industry is migrant or seasonal.
53. (2) On registration the Registrar shall issue a certificate of registration in the form prescribed and containing such particulars as may be prescribed.
54. ......................................................................................................................................................
55. 13. The functions of a registered union, in addition to the functions mentioned in section seven, shall be:
56. (a) to submit proposals on behalf of its members and to negotiate with employers in regard to the conditions of employment in the industry and in the area for which it is registered ;
57. (b) to apply to the Minister for recognition of the existence of a dispute in the industry and area in respect of which it is registered and to make representations on behalf of its members to any Native labour board appointed to investigate the conditions of employment of Natives in such industry in such area;
58. (c) to submit a panel of names to the Minister from which he may select one or more persons to represent Native workers on the Native labour board established for the industry in respect of which it is registered;
59. and such other functions as may from time to time be prescribed.
60. 14. At no time shall more than one union be enrolled or registered under this Act in respect of any particular industry in any particular area.
61. ......................................................................................................................................................
62. 24. (1) Any employer who, except for good cause, the onus of proving which shall be upon him, dismisses any Native worker from his employment or injures him in his employment or alters his position to his prejudice when such worker has given information with regard to matters under this Act to the Registrar or any other officer or to a Native labour board shall be guilty of an offence.
63. (2) The court which tries any such offence may also, in addition to any sentence which it may impose, order an employer convicted under this section to reinstate any Native worker discharged by him or may award to such Native worker damages not exceeding fifty pounds proved to have been suffered by such Native worker or may order both such reinstatement and payment of such damages or, failing such reinstatement and payment of such damages or, failing such reinstatement or such payment, may sentence such convicted employer to imprisonment for a period not exceeding three months in addition to any other penalty which it has imposed on him.
64. 25. (1) No employer shall make it a condition of employment of any Native worker that that Native worker shall be or become or shall not be or become a member of a union and any such condition in any contract of employment entered into before or after the commencement of this Act shall be void.
65. (2) Save as is provided in this Act, nothing contained in any law shall prohibit any Native worker from being or becoming a member of any union or subject him to any penalty by reason of his membership of any union.
66. (3) Any employer who contravenes the provisions of subsection (1) of this section shall be guilty of an offence.
67. 210. In an earlier case in which it was called upon to examine the text of a proposed Bill, the Committee considered it desirable that in such cases the Government and the complainant should be made aware of its point of view with regard to the Bill before it is enacted, in view of the fact that it is open to the Government, on whose initiative such a matter depends, to make any amendments which may seem desirable.
68. 211. The Committee notes with interest that section 5 of the proposed enactment, together with the provisions prohibiting anti-union discrimination contained in sections 24 and 25, would appear to guarantee the right of the Native industrial workers to associate for all lawful purposes and that a union registered in accordance with sections 9 and 10 is intended, under section 13, to have the function, among other functions, of negotiating with employers in regard to conditions of employment.
69. 212. The Committee has noted, however, that certain provisions in the Bill and, in particular, that contained in section 6 (1) (b), under which " the Registrar may enrol an applicant union for any particular industry in any particular area if he is satisfied that no other union is enrolled or registered for that industry in that area ", are inconsistent with the principle that workers, without distinction whatsoever, should have the right to join freely organisations of their own choosing and suggests that this point might be further considered by the Government.