Report in which the committee requests to be kept informed of development - Report No 30, 1960

1. 243. When the Committee examined this case at its 18th Session (Geneva, October 1957), it made certain recommendations to the Governing Body in its 27th Report, which the Governing Body approved at its 137th Session (Geneva, October-November 1957). In particular, with respect to certain allegations in the complaints relating to arrests or restrictions on the movements of trade union leaders, the Committee recommended the Governing Body:
   • to request the Government to furnish information as to what judicial safeguards are available to the trade union officers whose movements are restricted, including information as to the nature of the Advisory Committee referred to in the Government's latest reply, and the extent to which measures are being taken or are envisaged to lift the restrictions so that such trade union officers may resume their trade union functions in full freedom.
2. 244. At its 19th Session (Geneva, February 1958) the Committee had further information from the Government before it, and noted from the Government's reply that the procedure followed in Northern Rhodesia afforded judicial safeguards by providing for an inquiry of a judicial character into cases involving restriction orders. The Committee concluded
   • The Government's reply does not, however, indicate how far the relaxation of restriction orders as the result of such inquiry has permitted any of the trade union leaders in question to return to the areas in which they normally carried on their trade union activities. In these circumstances the Committee, considering that over a year has elapsed since the ending of the state of emergency, recommends the Governing Body to request the Government to indicate how far the relaxation of the restrictions has permitted the trade union officers concerned to resume their trade union functions in full freedom.
   • This recommendation was adopted by the Governing Body when it approved the 28th Report of the Committee at its 138th Session (Geneva, March 1958). This decision was communicated to the Government by a letter dated 17 March 1958. The Government furnished further information in a letter dated 30 October 1958.

A. A. The complainants' allegations

1. 245. In its latest reply the Government states that, by 18 September 1958, the number of restriction orders in force in respect of trade union officials and members had been reduced to 33, the operation of 14 of these having been suspended subject to good behaviour on the part of the persons concerned, so that in these latter cases there was no legal or administrative obstacle to such persons resuming their trade union functions. The persons to whom the remaining 19 orders apply, states the Government, are still subject to varying degrees of restriction on their freedom of movement, but these orders continue to be kept under constant examination and will be relaxed whenever it is considered that this can safely be done without danger to public order and good government.
2. 246. The Government stated, at an earlier stage in this case, that 53 persons originally were made subject to restriction orders, although it did not specify how many of the 28 union officials referred to in the complaints were included in this number.
3. 247. The Committee notes that the number of restriction orders in force, which was originally 53, has now been reduced to 33, of which 14 are suspended subject to good behaviour on the part of those concerned, but that 19 orders are still in force.