Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Paraguay (Ratification: 1962)

The Committee notes the Government’s report. The Committee also notes the observations made by the General Confederation of Labour (CGT), the Single Confederation of Workers (CUT) and the Trade Union Confederation of State Workers of Paraguay (CESITEP) objecting to draft legislation respecting the public service which is in the process of being approved by Parliament.

The Committee notes that some of the provisions of the Bill respecting the public service are not compatible with the Convention or with the principles of freedom of association. These are the following:

- section 113(d), which provides that trade union officers and delegates may only be re-elected for a single consecutive period. In this respect, the Committee considers that, by virtue of Article 2 of the Convention, workers’ organizations enjoy the right to elect their representatives in full freedom and it is therefore for the workers’ organizations themselves to establish in their internal rules the duration of their mandate and the possibilities for re‑election of their trade union leaders;

-  section 113(f), which provides that, if the executive committee of the trade union does not convene the ordinary general assembly, those concerned may request the administrative labour authority to do so once the facts have been ascertained. With a view to preventing any act of interference by the authorities, the Committee considers that those concerned should be allowed to have recourse to the judicial authorities, and not to the administrative authority;

-  sections 117 and 128, which provide that decisions by the general assembly relating to the calling of a strike must be approved by the vote of two-thirds of the members present in the assembly and that the vote shall be approved by the administrative labour authority. In this respect, the Committee considers that the sections in question should be amended to require a simple majority of the votes cast and not two-thirds of the members present at the assembly. Furthermore, the presence of administrative officials to approve the ballot would only be admissible if explicitly requested by the members; and

-  section 131, which provides that when calling a strike workers who provide essential public services shall guarantee the regular operation of such services; the administrative authority of the organization or body concerned shall inform the trade union concerned of the names of the personnel necessary for this purpose. In this respect, the Committee considers that the organizations of workers should be consulted with a view to determining the number of persons and the posts which should be included in the minimum service and that, in the absence of agreement, any dispute should be resolved by an independent body.

In this respect, the Committee hopes that its comments will be taken into account in the final draft of the Public Service Bill. The Committee requests the Government to inform it of any developments in this regard.

The Committee recalls that in its previous comments it referred to the Electoral Code No. 834/96, which regulates the electoral procedures of trade unions. In this connection, the Committee requests the Government to provide information in its next report on the application of this Code in practice and whether, under the terms of the Code, the registration of any trade union executive body has in practice been denied. If this is the case, the Committee requests the Government to provide information on the grounds on which the measure in question was taken and to provide it with a copy of the decisions issued in this respect.