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A. Analysis of the Communication
A. Analysis of the Communication
- 868. By a letter dated 9 July 1952 the World Federation of Trade Unions, at the request of the Argentine League for Human Rights, has brought the following case before the I.L.O.
- 869. Thirty-one workers of Spanish, Italian, Yugoslav, Russian, Polish and other national origins, detained in the prison of Villa Devoto in Buenos Aires, are stated to be threatened with expulsion under the Argentine Act No. 4144, the so-called " Residence " Act, by reason of their participation in the making of demands of an economic and social character.
- 870. The application of the measure is claimed to involve particular hardship in the case of these persons who, although of foreign origin, have lived for many years in Argentina ; several of them would even be placed in serious danger if they had to return to their countries of origin which are at present subject to dictatorial régimes.
- 871. Act No. 4144-the abrogation of which, it is contended, has been demanded in vain by trade union organisations in Argentina-is alleged to constitute a permanent threat to foreign workers who have emigrated to Argentina and who may take part in collective action. In view of the large number of immigrant workers, the Act could cause harm to Argentine labour in general.
- 872. The author of the communication concludes that Act No. 4144 is contrary to the spirit of the Declaration of Philadelphia and to international Conventions concerning migrant workers.
- 873. The Director-General referred this case to the Committee prior to communicating the complaint to the Argentine Government.
874. The Committee considers that the question at issue in the case is not an alleged violation of trade union rights but the right of a State to legislate with reference to the expulsion of foreigners except in so far as it has under taken specific international obligations on the subject. In these circumstances, the Committee considers that the matter falls outside its terms of reference and recommends the Governing Body to dismiss the case.
874. The Committee considers that the question at issue in the case is not an alleged violation of trade union rights but the right of a State to legislate with reference to the expulsion of foreigners except in so far as it has under taken specific international obligations on the subject. In these circumstances, the Committee considers that the matter falls outside its terms of reference and recommends the Governing Body to dismiss the case.
