Interim Report - Report No 83, 1965

Case No 385 (Brazil) - Complaint date: 03-APR-64 - Closed

1. 271. This case was already examined by the Committee at its 39th Session in February 1965, when the Committee submitted to the Governing Body an interim report in paragraphs 133 to 152 of its 81st Report. This report was approved by the Governing Body at its 161st Session (March 1965).

272. The case raised two series of allegations: one relating to control of trade union organisations, and the other to measures taken against trade union leaders. With regard to these two aspects of the case, the Committee recommended the Governing Body, in paragraph 152 of its 81st Report:

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2. (a) with regard to the allegations relating to the control of trade union organisations and the statement of the Government that a return to a normal situation is in progress, to draw the attention of the Government to the fact that the placing of trade union organisations under control may, according to the circumstances, entail a serious danger of restricting the right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities, to express the hope that the removal of all control of trade union organisations will therefore take place in the near future and to request the Government to be good enough to keep it informed of progress made in this direction;
3. (b) with regard to the allegations relating to measures taken against trade union leaders, to emphasise to the Government the importance it attaches to the accused trade unionists being tried promptly, to request the Government to be good enough to furnish the text of the judgments given and of the reasons adduced therefor, and to decide in the meantime to adjourn its examination of this aspect of the case.
4. 273. These conclusions of the Committee, as approved by the Governing Body, were brought to the notice of the Government by a letter dated 9 March 1965. The Government replied by a communication dated 22 May 1965.
5. 274. In this reply, which refers only to the first series of allegations, the Government begins by stating that the placing of trade union organisations under control affected only 10 per cent of such organisations and was dictated solely by imperative reasons of public order. The Government then states that this control has been raised in the case of 398 organisations and that by the month of June it will also be raised in the case of the remaining organisations, numbering less than 100. Finally the Government states that at the present time the measures of control have been raised in so far as all the more important trade union organisations are concerned.

B. B. The Committee's conclusions

1. 275. The Committee therefore recommends the Governing Body to take note of the information furnished by the Government with regard to the removal of the control exercised over trade union organisations and to request the Government to be good enough to keep it informed as to developments in this connection.
2. 276. The Government makes no reference to the allegations relating to measures taken against trade union leaders in its latest observations. The Committee therefore recommends the Governing Body to reiterate the request which it made in this connection to the Government when it approved the 81st Report of the Committee and to ask the Government to be good enough to furnish, as early as possible, information concerning the proceedings taken in the case of the detained trade union leaders and to furnish the texts of the judgments; when they have been handed down together with the reasons adduced therein.

The Committee's recommendations

1. 277. Finally, the Committee recommends the Governing Body to take note of the present interim report, it being understood that the Committee will submit a further report when it has received the additional information referred to in the two preceding paragraphs.