Interim Report - Report No 85, 1966

Case No 399 (Argentina) - Complaint date: 11-MAY-64 - Closed

1. 492. This case was examined previously by the Committee at its 40th Session (May 1965), when it submitted an interim report, which appears in paragraphs 278 to 304 of its 83rd Report, approved by the Governing Body at its 162nd Session.
2. 493. In paragraph 304 of this report the Committee, having examined the allegations of the complainants and the reply of the Government, set forth certain recommendations and a request for information in the following terms:
   • With regard to the case as a whole the Committee recommends the Governing Body:
     • (a) as regards the allegations relating to non-attendance by the Argentine Workers' delegation at the 48th Session of the International Labour Conference, to decide that there would be no object in continuing to examine this aspect of the case;
     • (b) as regards the allegations relating to interference by public authorities in the finances of trade unions, to take note of Argentine legislation on the supervision of administration of trade union property and funds, to call the Government's attention to the considerations set out in paragraphs 285 to 288 above, and to invite it to re-examine the said legislation in the light thereof, particularly as regards the reference of the results of administrative audits to a law court so as to ensure due process of law and, if appropriate, application of sanctions by the court;
     • (c) to take note of the present interim report, on the understanding that the Committee will report further to the Governing Body when it has received the information from the Government referred to in paragraph 298 above.
   • 494. The Government sent additional information in a communication dated 27 August 1965.
3. 495. 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).

A. A. The complainants' allegations

• Allegations relating to Government Interference in the Finances of Trade Unions
  496. 496 In its communication of 27 August 1965 the Government gives certain information relating to the allegations concerning interference by the public authorities in trade union finances, which were discussed by the Committee in paragraphs 280 to 289 of its 83rd Report and on which it gave its final conclusions in paragraph 304 (b) of that report; these conclusions are reproduced in paragraph 493 of the present report.
  497. 497 The Government indicates in this connection the purpose of the activities of the Audit Department, which comes under the Directorate General of Occupational Associations of the Ministry of Labour, as well as the procedure to be followed. The Government adds that the fact that the activities carried on are confidential to the parties concerned meets the reservation expressed on the possibility that any organisation being investigated may be made an object of publicity.
  498. 498 The Committee notes with interest that the information supplied by the Government throws some light on the practical application of the relevant legislation, but considers that it contains no element that might alter the conclusions that it has reached on these allegations and which are reproduced in paragraph 493 of the present report.
• Allegations relating to Proceedings against Trade Union Officers
  499. 499 When the Committee examined these allegations for the first time at its 40th Session, observing that officers of more than 300 organisations were facing proceedings for reasons of state security and that the various cases were before the courts, it asked the Government to send it information on the exact nature of the offences with which these trade union officers were charged and to keep it informed of any development that might arise.
  500. 500 In its communication of 27 August 1965 the Government confines itself to stating that it has asked the judicial authorities for the relevant information, which will be sent to the Committee as soon as it is received.
  501. 501 The Committee observes that the statement of the Government contains no information enabling it to go further in the study of these allegations at the present stage.
  502. 502 In these circumstances the Committee is compelled once more to request the Government to send concrete information as soon as possible on the exact nature of the offences with which officers of more than 300 trade union organisations are charged.

The Committee's recommendations

1. 503. In view of the foregoing the Committee recommends the Governing Body to take note of this interim report, on the understanding that the Committee will submit a further report when it has received the information it has decided to request from the Government, as indicated in paragraph 502 above.