Report in which the committee requests to be kept informed of development - Report No 109, 1969

Case No 552 (Argentina) - Complaint date: 18-APR-68 - Closed

1. 79. The complaint of the Trade Unions International of Chemical, Oil and Allied Workers is contained in a communication dated 19 April 1968. A copy of this was sent to the Government, which replied on 17 September 1968 through the Permanent Mission of the Republic of Argentina to the International Organisations in Geneva.
2. 80. 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

1. 81. The complainants state in their communication that the Argentine Federation of Chemical and Allied Workers has been the victim of an infringement of trade union rights by the Argentine Government. On 27 January 1968 its premises were occupied by the police. As a result of this action, there were protests in various parts of the country, strikes were declared, and a meeting was held at which the officers of the Federation were unanimously confirmed in office. Nevertheless, the Government continued its repressive measures, the officers of the union were suspended, various active members were dismissed and the funds of the Federation were frozen. In this way the General Secretary of the Federation, who is also Vice-President of the complainant organisation, was prevented from carrying on his trade union duties in the country. The complainants protested to the President of the Republic of Argentina, asking him to take action to ensure that the rights of the Federation were respected, and in their complaint they urge that the Government should be called on to guarantee the exercise of the rights laid down in the international Conventions and to take the necessary measures to permit the Argentine Federation of Chemical and Allied Workers and its officers to carry on their activities in full freedom.
2. 82. The Government states in its reply that the action complained of was ordered with a view to maintaining national security, internal order and social peace, since the Federation in question had taken part in the so-called " Action Plan " of the General Confederation of Labour (CGT), the purpose of which was to challenge political decisions of the Government, a purpose implying the carrying on of an activity that was not specifically that of a trade union. The Government continues by stating that it has an obligation to ensure the observance of the legal provisions governing the operation of trade union organisations, having at its disposal the necessary means to put right any deviations that may arise. In the case in question, there had been a series of circumstances that, in the opinion of the Government, compelled it to bring trade union activities back to normal. Political decisions intended to guarantee the proper observance of trade union rights and obligations could not be called in question. At all events, the Government maintains, it is its aim to restore the trade union organisation in question to normal as soon as possible. The Government concludes that there has been no infringement of individual liberty and that the social and provident services of the organisation are being carried on regularly and efficiently.
3. 83. The Committee recalls that, when examining Case No. 503 concerning Argentina in its 101st Report, it observed that the Argentine Federation of Chemical and Allied Workers and other trade union organisations had had their trade union status suspended by resolution No. 119 of 2 March 1967. The measure had been taken as a result of the Action Plan prepared by the CGT, which affected national security, and on account of the succession of direct measures carried out by various trade union organisations without the observance of the legal requirements which, in some cases, showed a disruptive intention incompatible with the legitimate exercise of trade union rights. The Government had subsequently indicated, through a letter dated 26 September 1967, that Ministerial Resolution No. 280 of 1967 had rescinded "the taking over of the unions of the chemical industry ".
4. 84. The present complaint relates to incidents subsequent to those mentioned above, since the complainants give specific indications concerning a series of acts that started on 27 January 1968. The Government, in its reply, does not deny the statements made in the complaint, and confines itself to justifying the measures adopted and referring to the participation of the Federation in the Action Plan. In other words, the Government appears to refer to acts that occurred long ago in connection with which the taking over of the Federation had been ordered and later rescinded.

B. B. The Committee's conclusions

1. 85. However this may be, the Committee observes that the question now at issue is a new taking over of a trade union organisation by the Argentine Government. The Committee has already pointed out that on many occasions it has had to examine the question of the taking over of trade union organisations in Argentina. On these occasions, the Committee has drawn the attention of the Government to the importance of Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which provides that workers' organisations shall have the right to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes, and that the public authorities shall refrain from any interference that would restrict this right or impede the lawful exercise thereof. The Committee has also drawn attention to the fact that the taking over of trade union organisations implies the serious danger of a restriction of the right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities. The Committee has also pointed out the importance of the principle contained in Article 4 of the Convention in question to the effect that workers' organisations shall not be liable to be dissolved or suspended by administrative authority.
2. 86. The Committee recalls that, when examining Case No. 503 at its meeting in May 1968, it reached the conclusion that the Government should again be urged to repeal as soon as possible any measures still in force to suspend or take over trade unions and requested the Government to keep it informed of any measures it has taken or proposes to take to this end.

The Committee's recommendations

1. 87. In these circumstances the Committee recommends the Governing Body:
   • (a) to point out to the Argentine Government that the information in its reply tending to justify the measures taken against the Argentine Federation of Chemical and Allied Workers does not appear to correspond to the specific facts mentioned in the complaint;
   • (b) since the question raised is in any case the taking over of a trade union organisation by the Argentine Government, to draw the attention of the Government once more to the principles set forth in paragraph 85 above and particularly to the principle contained in Article 4 of Convention No. 87, which has been ratified by Argentina, to the effect that workers' organisations shall not be liable to be dissolved or suspended by administrative authority;
   • (c) to take note of the Government's statement that it intends to restore the trade union organisation in question to normal as soon as possible, and to request the Government to keep it informed of any measures adopted to this end.