Definitive Report - Report No 127, 1972

Case No 647 (Portugal) - Complaint date: 16-NOV-70 - Closed

1. 59. The complaint by the World Confederation of Labour was made in a communication, addressed direct to the ILO, dated 16 November 1970. It was forwarded to the Government, which sent in its observations in a letter dated 24 May 1971.
2. 60. Portugal has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 61. It was alleged that a worker called Carlos Sebastiáo dos Santos was due to appear before a court on 25 November 1970 on charges of " belonging to an opposition movement " and of having organised strikes. The complainants continued: " Since the very fact of accusing a person of belonging to the opposition and of having organised strikes constitutes a breach of the Universal Declaration of Human Rights on the part of the Portuguese Government, as well as an infringement of freedom of association and trade union rights, we would request the ILO to take action to ensure that Carlos Sebastiáo dos Santos is released without facing trial for non-existent offences."
2. 62. In its observations, the Government states that Carlos Sebastiáo dos Santos, a clerical worker, " was not accused of belonging to the opposition (which would not have been an offence). Nor was he accused of organising strikes." The Government adds that the charges against him had nothing to do with his activities as a member of the opposition, to which he belonged during the last campaign for election of members to the National Assembly (activities in themselves perfectly legitimate). Nor had they anything to do with the organisation of strikes " or other actions done in his capacity as a secretarial employee".
3. 63. The Government goes on: " The accusations made were reduced to the affirmation that the accused had taken an active part in activities launched by a secret movement receiving guidance and support from another illicit subversive organisation, the idea being to alter the Constitution by violent means, in themselves inadmissible under the Constitution itself."
4. 64. The Government states that the court considered the charges to be unsubstantiated and acquitted the accused on 21 December 1970. The Public Prosecutor appealed to the Supreme Court, but almost exclusively on points of law; the appeal was "independent of any proof of the accusations made against Carlos Sebastião dos Santos ".
5. 65. The Government adds that the accused was defended in the normal way by counsel and that the verdict was published like any other verdict. At no time were human rights or the rights of workers (whether organised or not) in jeopardy.

B. B. The Committee's conclusions

1. 66. In the light of the evidence before the Committee, especially the detailed information supplied by the Government, it would not appear that the events described in fairly general terms by the complainants-who have not provided additional information in support of their complaint despite the opportunity given to them to do so-were connected with the exercise of trade union rights.

The Committee's recommendations

1. 67. Accordingly, the Committee considers that the complainants have not supplied proof of a breach of freedom of association in this case, and recommends the Governing Body to decide that the case does not call for further examination on its part.