Rapport intérimaire - Rapport No. 90, 1966

1. 143. The Committee, having already submitted interim reports on this case to the Governing Body at its meetings in February 1963, May 1963, June 1964 and February 1965, continued its examination at its meeting in November 1965, when it submitted to the Governing Body an interim report respecting the allegations still outstanding contained in paragraphs 325 to 365 of its 85th Report, which was approved by the Governing Body at its 163rd Session (November 1965). That report contained requests, on the part both of the Committee and of the Governing Body, for further information on certain outstanding matters, which were brought to the notice of the Government of the United Kingdom by a letter dated 29 November 1965. The Government furnished further information in a communication dated 10 February 1966.
2. 144. The United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and has declared them to be applicable, without modification, to Aden.

A. A. The complainants' allegations

• Allegations relating to the Industrial Relations (Conciliation and Arbitration) Ordinance, 1960
  145. 145 With regard to this matter, which has been deal t with at length in its earlier reports, the Committee, at its meeting in November 1965, had before it a communication from the Government dated 26 May 1965 in which the Government stated that a Bill to repeal the Industrial Relations (Conciliation and Arbitration) Ordinance, 1960, and to provide for industrial relations procedure in essential services would shortly be published for presentation to the Aden Legislative Council.
  146. 146 Accordingly, the Committee noted this statement and, in paragraph 332 of its 85th Report, requested the Government to be good enough to inform the Committee, as soon as possible, of further developments in the matter.
  147. 147 In its communication dated 10 February 1966 the Government states that a repealing Bill was published in June 1965. Following criticism of the Bill by certain trade unions, it was withdrawn from the Legislative Council, for further consideration by Ministers of the Aden Government, shortly before the suspension in September 1965 of the provisions of the Aden Constitution relating to the Council of Ministers and the Legislative Council. Consideration is now being given by the appropriate authorities in Aden to the possibility of proceeding with this legislation without waiting for the resumption of ministerial government.
  148. 148 In these circumstances the Committee takes note of the Government's statements referred to in the preceding paragraph and requests it to be good enough to inform the Committee, as soon as possible, of further developments in the matter.
• Allegations relating to the Application of the Penal Provisions of the Industrial Relations (Conciliation and Arbitration) Ordinance, 1960
  149. 149 As indicated in paragraphs 334 and 335 of its 85th Report, the Committee decided at its meeting in November 1965 to defer its examination of allegations relating to the application in certain specific cases of the penal provisions of the Ordinance of 1960 until it had before it information as to the outcome of the more general question concerning the proposed repeal or amendment of the ordinance. In view of the fact that the Committee has again requested the Government to keep it informed of further developments in respect of the legislative changes under consideration, the Committee considers that it should once more defer its recommendations on these specific cases for the time being.
• Allegations relating to the Suppression of a Trade Union Newspaper
  150. 150 In paragraphs 336 to 342 of its 85th Report the Committee, at its meeting in November 1965, examined further the allegations relating to the suppression of the Aden T.U.C newspaper, Al Ommal.
  151. 151 In particular, having considered the further observations on this matter made by the Government in a communication dated 26 May 1965, the Committee pointed out that the following facts relating to this aspect of the case had been ascertained. First, Al Ommal was suppressed on the ground that it had published subversive or seditious material. Secondly, the Government was unable to furnish extracts from the said material, as it had been requested to do, because the reason for its suppression, the Government stated, was based on its " misrepresentation " of news over a long period. Thirdly, the publication of the said material did not lead to the editor of the newspaper being prosecuted. Finally, in Aden, the revocation of any newspaper's licence was entirely in the discretion of the public authorities, with no right of appeal to the courts.
  152. 152 In these circumstances the Committee recommended the Governing Body, in paragraph 365 (c) of its 85th Report to decide, with regard to the allegations relating to the suppression of a trade union newspaper:
       • (i) to draw the attention of the Government to the view which it has expressed on several occasions that the right to express opinions through the press or otherwise is clearly one of the essential elements of trade union rights;
       • (ii) to note that revocation of the licence of the Aden T.U.C newspaper, Al Ommal, was effected by the public authorities in Aden in their discretion and without giving rise to any right of appeal to a court of law;
       • (iii) to draw the attention of the Government to its view that this discretionary power of the public authorities in Aden is not compatible with the right of a trade union organisation to organise its activities without interference on the part of the public authorities pursuant to Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which has been declared applicable without modification to Aden;
       • (iv) to request the Government to be good enough to inform the Governing Body of the measures it is intended to take to bring the legislation of Aden in this respect into conformity with Article 3 of the said Convention.
  153. 153 In its letter dated 10 February 1966 the Government of the United Kingdom states that, following the suspension in September 1965 of the provisions of the Aden Constitution relating to the Council of Ministers and the Legislative Council, government policy changes, as well as new legislation in Aden, have been confined to strictly essential measures and, so far as possible, the policies of previous representative governments are being preserved. The continuing security difficulties for the time being render impossible the introduction of measures which the Aden Government might otherwise wish to consider and in these circumstances, says the Government of the United Kingdom, no statement can be made as to measures intended by the Aden Government in relation to this matter at present, although it gives an assurance that the point will be considered further when circumstances permit.
  154. 154 In these circumstances the Committee recommends the Governing Body:
       • (a) to draw the attention of the Government of the United Kingdom once again to the view which it has expressed on several occasions that the right to express opinions through the press or otherwise is clearly one of the essential elements of trade union rights;
       • (b) to draw the attention of the Government once again to its view that the discretionary power of the public authorities to revoke the licence of a trade union newspaper without this giving rise to any right of appeal to a court of law is not compatible with the right of a trade union organisation to organise its activities without interference on the part of the public authorities pursuant to Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which has been declared applicable without modification to Aden;
       • (c) to note the assurance of the Government that the point will be considered further and to request the Government to undertake such reconsideration at the earliest possible date and keep the Governing Body informed.
  155. Allegations relating to the Non-Recognition of the Aden Teachers' Union
  155. 155 When it further considered the allegations relating to the non-recognition of the Aden Teachers' Union at its meeting in November 1965 the Committee observed that the position with regard to the alleged non-recognition of the Aden Teachers' Union was not clear. It appeared from the information furnished by the Government that this union was a registered union and that, when it sought formal recognition on 6 February 1962, it was asked to supply details of its Constitution and membership-although it had in the past been recognised for the purpose of informal discussion-by the Education Department of the State of Aden, but had not supplied them. The Committee observed, however, that it was alleged that recognition was refused to this union by the Federal Minister of Education because, since the formation of the Federation, education concerned the Federation and not just the State of Aden. This particular point had not been referred to by the Government in its observations. The Committee noted further that, in its reports pursuant to article 22 of the I.L.O. Constitution with respect to the application in Aden of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government has referred to the Aden Teachers' Union as one of the " representative organisations " to which copies of its reports had been circulated.
  156. 156 In these circumstances, having regard to the obligation which the Government has assumed, under Article 3 of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), to ensure that all practical measures shall be taken to assure to trade unions which are representative of the workers concerned the right to conclude collective agreements with employers, the Committee, as indicated in paragraph 359 of its 85th Report, decided to request the Government to be good enough to state whether the Aden Teachers' Union or any other union was now competent to negotiate on behalf of teachers in Aden and to comment on the allegation that recognition had been refused because education had become a federal matter.
  157. 157 The request to furnish this information was conveyed to the Government by the Director-General in a letter dated 29 November 1965. In its communication dated 10 February 1966 the Government makes no reference to these points. The Committee therefore requests the Government once again to be good enough to furnish information as to whether the Aden Teachers' Union or any other union is now competent to negotiate on behalf of teachers in Aden and also to comment on the allegation that recognition was refused to the union because education had become a federal matter.
  158. 158 Finally, in a telegram dated 2 December 1965, the World Federation of Trade Unions (W.F.T.U) alleged that the registration of the " Aden Teachers' Federation " had arbitrarily been cancelled. This complaint was transmitted to the Government, for its observations, by a letter dated 8 December 1965.
  159. 159 In its communication dated 10 February 1966 the Government assumes that the W.F.T.U is referring to the Aden General Teachers' Union. The Government states that the registration of this union has not been cancelled. After there had been evidence of breaches of its rules, the Registrar of Trade Unions warned the General Secretary of the Aden General Teachers' Union that it was in danger of having its registration cancelled if it did not put its affairs in order. In any event, says the Government, it is doubtful whether this union can be considered to be genuinely representative of teachers as a whole, because its latest statutory return indicated a membership of less than one-seventh of all teachers and none of the registered membership appeared to be fully paid up.
  160. 160 The Committee, white thanking the Government for this information, requests the Government to state whether the Aden General Teachers' Union mentioned in its reply is the same organisation as the Aden Teachers' Union referred to in paragraphs 155 and 156 above.
• Allegations relating to the Employment (Registration and Control of Employment) Bill
  161. 161 These allegations were dealt with in detail by the Committee in paragraphs 183 to 196 of its 76th Report and paragraphs 101 to 104 of its 81st Report, when the Committee drew the attention of the Government, having regard to certain of the provisions of the Bill, to the guarantees and principles embodied in Articles 1 and 4 of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and Article 3 of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), both declared applicable without modification to Aden. The Committee also noted that it appeared from the text of the proposed Bill that, if it were to be enacted in that form, access to employment in general and to particular employment would depend on a worker's being registered and that a wide discretion would be accorded to the registering authority when deciding to grant or refuse negotiation. The Committee pointed out, in paragraph 194 of its 76th Report, that it had drawn attention in the past to the fact that such provisions might tend to prevent the negotiation by collective agreement of better terms and conditions, including terms and conditions governing access to particular employment, and thereby to infringe the rights of the workers concerned to bargain collectively and to promote and improve their working conditions, which were generally regarded as essential elements of freedom of association.
  162. 162 At its meeting in November 1965 the Committee had before it a communication dated 26 May 1965 from the Government, in which it repeated earlier statements that the Bill remained in abeyance.
  163. 163 The Committee, therefore, in paragraph 364 of its 85th Report, requested the Government to be good enough to inform it in due course of any further developments in connection with the Bill.
  164. 164 In its communication dated 10 February 1966 the Government states that the Employment (Registration and Control of Employment) Bill still remains in abeyance, and the Committee, therefore, requests the Government to be good enough to inform it in due course of any further developments in this connection.