Definitive Report - Report No 135, March 1973

Case No 731 (Argentina) - Complaint date: 13-NOV-72 - Closed

1. 90. The complaint of the World Federation of Agricultural Workers is contained in a communication dated 13 November 1972 addressed direct to the ILO. The text was transmitted to the Government, which forwarded its observations thereon by a communication dated 4 January 1973.
2. 91. Argentina has ratified both 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. 92. The complainants allege that Mr. Felipe Burgos, Secretary-General of the Single Federation of Agricultural Workers of Argentina (FUSTCA), was arrested by the police merely on account of his trade union activity.
2. 93. The complainants state that, by imprisoning this union leader, the Government violated the provisions of Conventions Nos. 87 and 98 and trampled underfoot the Universal Declaration of Human Rights.
3. 94. In its observations, the Government affirms that Mr. Felipe Burgos has never at any time been arrested on account of his trade union activities, since the representatives of the country's occupational associations of workers enjoy total freedom to perform their trade union functions within the framework of the National Constitution.
4. 95. The Government goes on to say that the reason for Mr. Burgos's arrest was his connection with a subversive group which had attempted to take over the locality of Ampacaschi, in the province of Salta. It was for this reason that Mr. Burgos was summoned to appear before the Federal Criminal Court, since the acts he was suspected of committing constituted a criminal offence upon which this court was competent to sit in judgement.
5. 96. The Government adds that the court in question ordered the release of Mr. Burgos on 25 October 1972.

B. B. The Committee's conclusions

1. 97. On the basis of the evidence before it, the Committee considers that proof has not been established that the action taken against Mr. Felipe Burgos had any connection with his trade union activities. Moreover, the person concerned has since been released on the instructions of the Federal Criminal Court.

The Committee's recommendations

1. 98. In these circumstances, the Committee recommends the Governing Body to decide that the case does not call for further examination.