Interim Report - Report No 112, 1969

Case No 554 (Brazil) - Complaint date: 11-MAY-68 - Closed

1. 129. This case has already been considered by the Committee at its sessions in November 1968 and February 1969. On each of these occasions the Committee submitted an interim report to the Governing Body. The first appears in paragraphs 305 to 330 of its 108th Report and the second in paragraphs 159 to 177 of its 110th Report. These two reports were approved by the Governing Body at its 173rd and 174th Sessions (November 1968 and March 1969).
2. 130. When this case was last considered, two of the original three allegations remained outstanding. One related to the military occupation of premises belonging to the Osasco Metalworkers' Union; the other concerned the military occupation of the premises of the Union of Petroleum Workers of Bahia and the arrest of officials of that union.
3. 131. Brazil has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948, (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Military Occupation of the Premises of the Osasco Metalworkers' Union
  132. 132 It was alleged that the premises of the Osasco Metalworkers' Union had been occupied by military forces. Considering the principle of freedom of association to be an essential guarantee for the protection of workers and the improvement of their standard of living, the complainants called upon the ILO to intercede with the Brazilian Government so that such " arbitrary action " might cease.
  133. 133 When considering this aspect of the case at its session in February 1969, the Committee noted that during the strike movement in Osasco, acts of violence were committed which had led the authorities to occupy the premises of the Osasco Metalworkers' Union; that following assertions of innocence by some of the union's officials, a committee of inquiry had been set up with the consent of the complainants, who therefore appeared to have implicitly accepted arbitration by the committee in advance; and, lastly, that the committee's conclusions, according to the information supplied by the Government, indicated that it had been established that the union and its officials had participated in a movement which, by degenerating, went beyond what was legally permissible.
  134. 134 Although it was not explicitly stated in the Government's observations, the Committee felt that it could be concluded from the foregoing that the union had been kept under government control. It had accordingly recommended the Governing Body to request the Government to be good enough to state, in general terms, what was the position of the Osasco Metalworkers' Union and whether new elections had been held in the union.
  135. 135 In its reply, dated 22 April 1969, after adding further details to the information already supplied, the Government states that the chairman and officials of the union implicated in the disturbances left Osasco and that the headquarters of the union were occupied by several agitators accompanied by students. In the absence of the officials, the Government continues, the Minister of Labour appointed an executive council to " restore order, administer the union and organise elections within ninety days ".
  136. 136 The Government declares that the chairman of the new executive council, on going to the union's headquarters, was refused entry by persons " who held no kind of elective mandate in the affairs of the union ": students, a deputy and some unidentified individuals, who had to be removed by force.
  137. 137 The Government states, in conclusion, that " finally and after the requisite formalities, the union's headquarters were freed and returned to their legitimate occupants, the workers, whereupon the situation returned to normal ".
  138. 138 While recognising that the events described above were of an exceptional kind and may have warranted intervention by the authorities, the Committee considers that for the taking over of a trade union to be admissible, it must be temporary and aimed solely at permitting the organisation of free elections.
  139. 139 When the Government states that the Union was " returned to its legitimate occupants " it seems to be referring to the executive council appointed by the Minister, mentioned in paragraph 135 above.
  140. 140 In these circumstances, and recalling the importance that should be attached to the principle that workers' and employers' organisations shall have the right to elect their representatives in full freedom, to organise their administration and activities and td formulate their programmes and that the public authorities shall refrain from any interference which would restrict this right or impede its lawful exercise, the Committee, as at its session in February 1969, thinks it advisable to recommend the Governing Body to request the Government to be good enough to state, in general terms, what is the present position of the Osasco Metalworkers' Union and whether new elections have been held in the union.
• Allegations relating to the Military Occupation of the Premises of the Union of Petroleum Workers of Bahia and the Arrest of Officials of That Union
  141. 141 It was alleged that the officials of the Petroleum Workers' Union had been imprisoned and the premises of the union invaded by military forces.
  142. 142 At its session in February 1969, the Committee noted that the Government had not yet supplied its observations on this aspect of the case, and recommended the Governing Body to request the Government to be good enough to furnish the information requested.
  143. 143 In its communication of 22 April 1969 the Government affirms that the allegations in question are untrue, that the union's headquarters were never occupied militarily, and that the officials of the union had not been imprisoned but had been removed from office for having been guilty of major misappropriation of union funds.
  144. 144 The Government states further that " the union, thus rid of elements guilty of misappropriation, was placed under the control of the administration of the occupational category of petroleum workers ".
  145. 145 Here again, it would seem that the union in question has been placed under control.
  146. 146 In these circumstances, having regard to the principles recalled in paragraphs 138 and 140 above, the Committee recommends the Governing Body to request the Government to be good enough to state, in general terms, what is the present position of the Union of Petroleum Workers of Bahia and whether new elections have been held in the union.

The Committee's recommendations

1. 147. As regards the case as a whole, the Committee recommends the Governing Body:
   • (a) to recall the importance that should be attached to the principle that workers' and employers' 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 which would restrict this right or impede its lawful exercise;
   • (b) to request the Government to be good enough to state, in general terms, what is the present position of the Osasco Metalworkers' Union and the Union of Petroleum Workers of Bahia and whether new elections have been held in these unions;
   • (c) to take note of the present interim report, on the understanding that the Committee will report again when it is in possession of the additional information specified in the previous paragraph.