Definitive Report - Report No 47, 1961

Case No 172 (Argentina) - Complaint date: 05-FEB-58 - Closed

1. 32. On 5 February 1958 the I.F.C.T.U sent a letter to the Director-General of the I.L.O containing allegations to the effect that trade union rights had been violated in Argentina in connection with the bank strike which took place in February-March 1958. This complaint was communicated to the Government on 17 February 1958.
2. 33. On 30 January 1958 the A.S.A. presented a series of allegations concerning the same strike, which were communicated to the Government on 21 February 1958. The A.S.A. supplemented its complaint by a letter dated 16 March 1958, the contents of which were communicated to the Government on 28 March 1958.
3. 34. On 3 March 1958 the P.T.T.I presented voluminous documentation containing allegations to the effect that trade union rights had been violated in connection with the disputes which broke out in telegraph and telephone occupations during September, October and November 1957. This complaint was communicated to the Government in a letter dated 7 March 1958.
4. 35. In a communication dated 22 October 1958 the Government of the Argentine Republic forwarded its observations on the various complaints which had been transmitted to it.
5. 36. At is 20th Session (November 1958) the case was referred to the Committee, which submitted an interim report to the Governing Body, approved by it at its 140th Session (18-21 November 1958).
6. 37. In discussing the case at its session in November 1958 the Committee dealt with certain of the allegations (relating to the illegality of the strike of telegraph and telephone personnel, to the suspension of the registration of associations, and to the mobilisation of bank employees). It considered that on other points, for it to be able to form an opinion in full knowledge of the facts, it would be necessary to obtain additional information from the Government regarding the allegations concerning the prosecutions and detention of trade unionists and the placing of certain trade union organisations under administrative control.
7. 38. The decisions taken by the Governing Body on the Committee's recommendations and the requests for additional information were brought to the Government's attention in a communication from the Director-General dated 27 November 1958.
8. 39. At its 21st Session (February 1959), in view of the absence of the additional information requested from the Government, the Committee decided to adjourn examination of the case to its next session. The Government was informed of this decision in a letter dated 13 March 1959.
9. 40. In a communication dated 17 April 1959, supplemented on 30 April, the A.S.A. submitted a new complaint to the I.L.O relating this time to the dispute which has been in existence since the beginning of 1959 between Argentine bank employees and their employers. This complaint was supported on 12 May 1959 by the I.F.C.T.U.
10. 41. The new complaint by the A.S.A. and the supplementary information transmitted in support of it were communicated to the Government for observation in two letters dated 30 April and 13 May 1959.
11. 42. At its 22nd Session (May 1959), in view of the absence both of the additional information previously requested from the Government and of any observations by the Government on the latest complaint by the A.S.A., the Committee decided to adjourn the examination of the case to its next session. The Government was informed of this decision of the Committee in a letter dated 9 June 1959.
12. 43. In a communication dated 16 September 1959 the Argentine Government forwarded to the office a further set of observations on the complaints of violation of freedom of association which had been submitted against it.
13. 44. When the case was again referred to the Committee at its 23rd Session (November 1959), it submitted a second interim report to the Governing Body, which was approved by the latter at its 144th Session (1-4 March 1960).
14. 45. During its examination of the case at its November 1959 Session, the Committee dealt with some of the outstanding allegations (the question of the legality of the 1959 bank strike, and allegations relating to the general position of the trade union movement). However, it considered that it was necessary for it to obtain from the Government additional information on certain points concerning the allegations relating to the prosecution and the detention of trade unionists, and to the placing of certain trade union organisations under administrative control.
15. 46. The requests for additional information were sent to the Argentine Government in a letter from the Director-General dated 24 November 1959.
16. 47. At its 24th Session (February 1960) the Committee, in the absence of the additional information requested from the Government, decided to adjourn the examination of the case to its next session.
17. 48. In a communication dated 15 February 1960 the Government of the Argentine Republic forwarded to the Office a further set of observations concerning the complaints of violation of freedom of association which had been submitted against it.
18. 49. The following paragraphs deal solely with the allegations pending since the approval by the Governing Body of the Committee's 41st Report.
19. 50. Argentina has ratified 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). The first of these Conventions entered into force for Argentina on 18 January 1961, whereas the second entered into force on 24 September 1957.

A. A. The complainants' allegations

• Allegations relating to the Placing of the Banking Association under Administrative Control
  51. 51 The complainants allege that, as a result of various strikes called by the Banking Association, the Government placed that organisation under the direct administrative control of the authorities. At its November 1959 Session the Committee recommended the Governing Body to ask the Government whether the control of the trade union organisation in question had been ended.
  52. 52 In its reply of 13 March 1960 the Government indicates that the Banking Association is still placed under administrative control and justifies this measure by the seriousness of the country's economic and political situation. It recalls that the state of emergency is still in force in Argentina. However, after stressing that the action of the controllers has already come to an end in respect of the Textile Workers' Union, the Railway Workers' Union, the Engineering Workers' Union, the Single Union of Staffs of State Petroleum Undertakings, the Automobile Transport Workers' Union and the Federation of Butchers and Allied Workers, the Government declares its intention of also putting an end to its intervention in the affairs of the Banking Association and to have elections held as soon as the situation permits.
  53. 53 The Committee has already had to deal with a similar situation, in the same case, in connection with its original examination of the allegations in question. In this connection it made certain observations which it now repeats. The Committee recommends the Governing Body to decide, while taking note of the Government's declared intention to bring to an end all control over the Banking Association and expressing the hope that the removal of this control will take place in the near future, to draw the attention of the Government to the importance it attaches to the principle expressly laid down in Article 3 of Convention No. 87, recently ratified by Argentina, that the public authorities shall refrain from any interference which would restrict the right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities.
• Allegations relating to the Detention of Trade Unionists
  54. 54 The complainants allege that, after the strike of telegraph and telephone personnel, the president and secretary of the union of workers in these occupations were arrested, together with other members of the trade union in question.
  55. 55 In its reply of 15 March 1960 the Government categorically states that at no time were the two trade union leaders mentioned by the complainants deprived of their freedom. The Government continues its statement as follows: " As regards the detention of other workers belonging to the association, the workers concerned have been set free and have returned to their duties. The association has itself publicly recognised this fact."
  56. 56 The complainants further allege, in fairly general terms, that a number of trade union leaders and militant members of the Banking Association were arrested and are, because of the state of emergency proclaimed throughout the country, " at the disposal of the executive power ". The complainants also state that appeals have been laid " for the protection of Constitutional rights ".
  57. 57 In its reply the Government states that all the trade union leaders and militant members of the Banking Association who had been detained at the time of the bank dispute have been set free and that no one remains in detention at the present time. It adds that the judicial decision which set aside the habeas corpus appeals proved that the executive had not acted ultra vires in the exercise of the rights which it derives from the state of siege, the more so since the exercise of these rights is carried out under the supervision of the judicial authorities.
  58. 58 It follows from the statements of the Government that the persons whose arrest had been alleged have all been set free, or had never been detained.
  59. 59 In the circumstances the Committee recommends the Governing Body to draw the Government's attention to the importance which it attaches to the principle, expressly set forth in Article 3 of Convention No. 87, that the public authorities should refrain from any interference which would restrict trade union rights or impede the lawful exercise thereof, but to decide, since none of the persons concerned is any longer detained, that it would be purposeless to consider this aspect of the case further.

The Committee's recommendations

1. 60. In these circumstances the Committee recommends the Governing Body:
   • (a) to take note of the Government's declared intention to bring to an end all control of the Banking Association and to express the hope that the removal of this control will take place in the near future;
   • (b) to draw the attention of the Government to the importance which it attaches to the principle set forth in Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Argentina, that the public authorities should refrain from any interference which would restrict trade union rights or impede the lawful exercise by workers' organisations of their right to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes;
   • (c) to decide that, subject to the observations contained in subparagraphs (a) and (b) above, and for the reasons given in paragraphs 51 to 59 of the present report, the case as a whole does not call for further examination.