Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Paraguay (Ratification: 1966)

The Committee once again notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

The Committee recalls that for many years its comments have been referring to:

–      the absence of legislative provisions affording adequate protection to workers who are not trade union leaders against all acts of anti-union discrimination (article 88 of the Constitution affords protection only against discrimination based on trade union preferences); and

–      the absence of sanctions against non-observance of the provisions relating to the employment stability of trade unionists and acts of interference by workers’ and employers’ organizations in each other’s organizations (the penalties envisaged in the Labour Code for failure to comply with the legal provisions on this point in sections 385 and 393 are not sufficiently dissuasive).

Under these conditions, the Committee regrets that, despite the technical assistance provided by the ILO in 2002, progress has not been made on the issues raised and it reminds the Government of the importance of adopting measures to ensure that full effect is given to Articles 1 and 2 of the Convention. The Committee hopes that the above measures will be adopted in the near future and requests the Government to provide information on this matter in its next report.

In its previous observation, the Committee requested the Government to provide a copy of the special law which, under section 51 of Act No. 1626 on the public service, is to govern contracts of employment and to identify the provisions which afford protection to public servants and public employees who are not trade union leaders against acts of anti-union discrimination. The Committee reiterates this request.

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) referring to numerous acts of violence, including the murders of trade unionists, and acts of anti-union discrimination against trade union leaders and members, as well as delays in the administration of justice. The Committee also notes the comments made by the Trade Union of Maritime Dockworkers of Asunción (SEMA) relating to interference by employers in private ports and river and maritime transport agencies through the creation of trade unions favourable to the enterprise which negotiate lower minimum daily wages and deprive workers of social security. Furthermore, the enterprise dismisses and refuses to recruit unionized workers. The Committee requests the Government to provide its comments on this subject.

The Committee requests the Government to examine all these matters, including those of a legislative nature, with the social partners and to keep it informed of any progress achieved. The Committee expresses its concern at the gravity of the matters denounced by the ICFTU and draws the Government’s attention to the principle that “a climate of violence in which the murder […] of trade union leaders go[es] unpunished constitutes a serious obstacle to the exercise of trade union rights and that such acts require that severe measures be taken by the authorities”. Furthermore, “when disorders have occurred involving loss of human life [...], the setting up of an independent judicial inquiry is a particularly appropriate method of fully ascertaining the facts, determining responsibilities, punishing those responsible and preventing the repetition of such actions. Judicial inquiries of this kind should be conducted as promptly and speedily as possible, since otherwise there is a risk of de facto impunity which reinforces the climate of violence and insecurity and which is therefore highly detrimental to the exercise of trade union activities” (see General Survey on freedom of association and collective bargaining, 1994, paragraph 29).