Interim Report - Report No 157, June 1976

Case No 801 (Uruguay) - Complaint date: 01-SEP-74 - Closed

118. The last time the Committee considered these cases was at its meeting in November 1975, when it submitted a report on them (153rd Report, paragraphs 157 to 253). This report was adopted by the Governing Body at its 198th Session in November 1975.

1. 118. The last time the Committee considered these cases was at its meeting in November 1975, when it submitted a report on them (153rd Report, paragraphs 157 to 253). This report was adopted by the Governing Body at its 198th Session in November 1975.
2. 119. After analysing the information available to it through the direct contacts procedure used in these cases, the Committee took the view that, in view of the nature of the case it would be appropriate and desirable for it to continue to follow developments in the trade union situation in Uruguay, and the effect given to its own recommendations, in accordance with the procedure in force. It accordingly recommended the Governing Body to invite the Government to submit full information before the Governing Body's Session in February 1976 with regard to the action already taken or contemplated with a view to complying with the Committee's recommendations, and to forward its observations on the questions and allegations still outstanding.
3. 120. The Government sent two communications dated 27 January 1976 in answer to this request, and in response to new complaints made by various complainant organisations.
4. 121. Uruguay 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 concerning Restrictions on Trade Union Rights
  122. 122 In connection with these allegations, the Committee had recommended the Governing Body to point out to the Government the importance it attached to the speedy adoption and application of trade union legislation in accordance with the standards of Convention No. 87, with special reference to the comments made by the Committee itself and by the Committee on the Application of Conventions and Recommendations in connection with Decree No. 622, which regulates trade union activities.
  123. 123 In its communication, the Government states that, as the Minister of Labour and Social Security informed the Director General's representative during the direct contacts mission, the Government was considering what legislative and practical action would allow a speedy resumption of trade union activities, while providing every possible guarantee of effective freedom and preventing a recurrence of the previous excesses which had led to the taking of emergency action, already reported.
  124. 124 Nevertheless, the Government continues, many of the principal reasons which had led to the taking of emergency action are still valid, namely, organised sedition, combined with ideological and aimed aggression. Thus, the internal security forces recently destroyed a powerful military apparatus. The Government gives a list of some of the weapons captured. It adds that internal agitation, distorted propaganda and incitement to violence are the short-term objectives of certain groups whose ultimate aim is to take over control of the State.
  125. 125 However, the Government reiterates that it is fully conscious of the need to protect trade union freedoms, but it stresses that the exercise of such freedoms must never become a front behind which trained minorities, without roots in the country, distort them to the detriment of the nation's institutions and with little thought to the will of the workers themselves. The Government adds that one basic principle governing the exercise of trade union freedoms must be that the trade unions must be prevented, by legal safeguards, from engaging in activities outside their proper sphere, and from entering into ideological, philosophical or political commitments which limit their own freedom.
• Allegations concerning the Dissolution of Trade Union Organisations
  126. 126 As regards the allegations about the dissolution of the National Workers' Convention (CUT), the Single National Union of Workers in the Building and Allied Trades, and the Federation of Secondary School Teachers, the Committee had recommended the Governing Body to point out to the Government that in dissolving these bodies by decree or administrative order it had acted contrary to Article 4 of Convention No. 87, ratified by Uruguay. The Committee also asked the Governing Body to emphasise the importance it attached to the observance of this principle.
  127. 127 In its letter, the Government acknowledges the importance of the principle embodied in Article 4, in so far as it is designed to protect trade union organisations, as such, from the effects of political change. It adds, however, that the principle does not apply to organisations which might originally have been trade union bodies but have ceased to be so, in that they are active in substantially different fields, and by their actions gravely jeopardise security and order in the countries where they operate. The literature impounded, although still under study, does reveal a prima facie connection between some of the so-called trade union organisations dissolved by the Government and certain groups of a politically seditious kind, which are still active under cover.
• Allegations concerning the Arrest and Orders for the Arrest of Trade Union Officers and Activists
  128. 128 In this connection, the Committee had in the first place referred to Mr. Enrique Pastorino and Mr. José d'Elia, officers of the National Workers' Convention. Since so much time had elapsed since the order for their arrest had been issued, and bearing in mind the fact that the other CNT officers arrested under the same order had all been released, the Committee had recommended the Governing Body to request the Government to be good enough to consider rescinding this measure as a contribution to the solution of the problems existing in the sphere of freedom of association.
  129. 129 The Committee had then referred to another CNT officer, Mr. Vladimir Turiansky, who had been arrested; it had recommended the Governing Body to request the Government to supply information as to Turiansky's position in the eyes of the law and the steps taken in that connection.
  130. 130 In its communication, the Government repeats that the warrants issued for the arrest of certain CNT officers were designed to ensure that the persons concerned should clarify their position. Some of the persons for whom warrants had been issued have failed to appear before the competent authorities, and as a result the original warrants have been maintained. To this, the Government continues, must be added the evidence mentioned above, and hence the warrants are still in force; indeed, it has been necessary to update some of them to take account of the new facts brought to light.
  131. 131 Mr. V. Turiansky, the Government reports, is being held for trial by court-martial, having played an active part in the political and military apparatus recently destroyed, as mentioned above.
  132. 132 The Committee had drawn up a list of trade unionists for whose arrest warrants had been issued, of those detained and of those held for trial by court-martial. It had recommended the Governing Body to reaffirm the principle that in every case, even when trade unionists are charged with political or criminal offences which the government considers have no relation to their trade union functions, the accused should be given a prompt and fair trial by an impartial and independent judiciary. The Committee also recommended the Governing Body to ask for information about the decisions taken or for copies of the sentences passed on the trade unionists tried by court-martial, as well as for details concerning various trade unionists who had been detained.
  133. 133 The Government in its communication refers to Article 8 of the Uruguayan Constitution, according to which all inhabitants of the country are equal. Proceedings might be prompt or the reverse when dealing with the trade unionists, but that by no means implies discrimination. As regards trial by an impartial and independent judiciary, it is the ordinary courts of law, the independence and impartiality of which are well known, which are responsible for trying persons charged with criminal offences. Although administratively, the military courts are dependent on the Government, in passing judgment, the judges and the courts are independent and their verdicts are considered to emanate from the national system of justice. In addition, the Supreme Court of Justice acts, in peacetime, as court of appeal.
  134. 134 In connection with the trade unionists mentioned by the Committee, the Government says that it has asked for the relevant information, which will be duly passed on to the ILO. In its second letter, dated 27 January 1976, the Government says that Jacinto Galloso, one of the trade unionists in question, was tried by court-martial for the offences covered by section 58(2) and (3) of the Code of Military Justice.
  135. 135 The Committee had likewise referred to allegations of ill-treatment, and had recommended the Governing Body to emphasise the importance, even if ill-treatment was exceptional, of doing everything possible to prevent it by the enactment of specific instructions and the provision of effective penalties.
  136. 136 In this connection, the Government in its communication answers that on each occasion it has ordered a detailed investigation to be made into the complainants' allegations. Whenever irregularities of this type have been found to have occurred, it has taken administrative action to ensure the punishment of those responsible.
• Allegations concerning the Searching of Union Premises
  137. 137 The Committee had recommended the Governing Body to draw the Government's attention to various principles and considerations relating to the searching of union premises, and to ask the Government to take such action as might be required to stop wrongful entry, return trade union property impounded and reopen premises that had been closed down.
  138. 138 The Government, in its communication, says that the searching of trade union premises has always been in accordance with existing legislation. Property impounded, if it fails to yield evidence of non-trade-union activities, is returned without delay. Should evidence come to light, the material in question is passed on to the competent court. The Government adds that the only instances in which trade union premises had not been reopened are cases in which the organisations concerned have been banned for their non-trade-union activities.
• Allegations concerning Anti-Trade-Union Discrimination
  139. 139 The Committee had recommended-the Governing Body to draw attention to various relevant considerations and principles, and to invite the Government to take all requisite action, in both the public and the private sectors, to prevent anti-trade-union discrimination, and in particular, to give full effect to the relevant provisions of Convention No. 98, ratified by Uruguay.
  140. 140 In its communication, the Government says that the Ministry of Labour and Social Security is so organised as to be able to intervene and settle any urgent problems likely to arise in this connection. One of its programmes is designed to provide free legal advice to the worker, besides making available an initial conciliation procedure. Should that not be sufficient, the labour courts take over in accordance with Act No. 14,188 (5 April 1974). According to the Government, these procedures ensure that the worker is protected against unfair or illegal treatment.
• General Observations of the Government
  141. 141 In general, the Government declares that it has never engaged in anti-trade-union activities. Any action taken is prompted by exceptional circumstances created by non-trade-union activities, openly recognised as such by those concerned, which, being directed against the country's institutions, are gravely jeopardising the national security. The Government has been obliged to take emergency action to defend freedom, its own sovereignty and internal security against premeditated aggression with no scruples about the weapons used.
• New Allegations
  142. 142 In its 153rd Report (paragraph 246), the Committee reviewed the allegations made since the direct contacts mission. Most of them dealt with the searching of trade union premises and the detention of trade union officers and activists. At the time of the Committee's last session, the Government had not yet forwarded its observations.
  143. 143 Later, the Committee received and transmitted to the Government other communications from various organisations, in which fresh allegations were made about breaches of freedom of association. These came from the World Federation of Teachers' Unions (25 September, 20 and 21 November 1975, and 15 January 1976), the Trades Union International of Workers in the Metal Industry (5 and 19 November 1975), the International Organisation of Journalists (6 November 1975), the World Federation of Trade Unions (6, 14 and 20 November 1975, and 15 and 16 January 1976), the Trade Unions International of Workers of the Building, Wood and Building Materials Industries (21 November 1975), and the Trades Union International of Transport Workers (27 November 1975 and 15 January 1976). It was alleged that numerous trade union officers and activists had been arrested; that Alvaro Balbi, son of a well-known officer of the Uruguayan Magistrates' Federation and J. Argenta, a member of the United Trade Union of the National Ports Administration (SUANP), had died from the ill-treatment received while under arrest; that the police had occupied the premises of the National Union of Workers in the Metal and Allied Trades (UNTUMRA), which had been used as a prison, those of the Association of Uruguayan Bank Employees (AEBU) (occupied by women police), those of the State Telecommunications Agency (AUTE), those of the Association of State Health Workers (OSE), and those of the Union of Workers in the Timber and Allied Industries. Moreover, the premises of the United Trade Union of the National Ports Administration (SUANP) had been searched, and the Medical Association had been placed under official supervision.
  144. 144 The Committee recalls that at the Governing Body's last session in November 1975, the Workers' group also mentioned the arrest of a number of trade unionists, whose names occur in the communications referred to in the previous paragraph.
  145. 145 The World Federation of Trade unions, in its communication dated 14 November 1975, states that whenever breaches of freedom of association are denounced, the Government tries to conceal or minimise, or otherwise cover up the real causes of these arrests, by arguing that the persons concerned had been arrested for political activities and not their trade union activities. To counter that argument, the World Federation of Trade Unions goes on to say, the complainant organisations have endeavoured to explain the atmosphere which prevailed at the time when the arrests were made. In September and October 1975, the workers and their unions had launched a vigorous campaign for higher pay since workers' incomes had suffered considerably from inflation. In the course of that campaign, meetings were held and signatures collected in support of the claims, which were submitted to the authorities by large workers' delegations. In response, the Government reacted by a wave of repression, designed to intimidate the working class and prevent the struggle for workers' rights and wages setting an example by its success.
  146. 146 In its second letter, despatched on 27 January 1976, the Government provided further information, most of it to do with the alleged arrest of trade union officers and activists.
  147. 147 As regards the trade unionists mentioned in paragraph 246 of the Committee's 153rd Report, the information provided refers only to Pedro Toledo, an officer of the railwaymen's union, held for trial by court-martial; Henderson Cardozo, secretary of COVISUNCA (which operates, not as a trade union, but as a building workers' housing co-operative), who called for an armed uprising at various meetings of the co-operative, and was tried for "plotting against the Constitution"; Humberto Rodriguez, a port workers' leader, who was tried for the same offence; and Juan Gómez, in whose case there is a problem of identification, since several persons of the same name are being tried, or are at liberty, or are the subjects of a warrant of arrest.
  148. 148 As regards the trade unionists named in the allegations received most recently, the Government has supplied information about most of them. The following are now at liberty: Miriam Brayer, teacher, Atilio Vargas, of the Building Union (SUNCA), plus Sol Logullo, Heber Scarone, Alba Bonilla Villagrán, Jorge Guido Bouve, Washingtón Tirelli, Atanasio Merelles, Francisco Cañete González, Rafael Rodamina Natale, Walter Stanely, Oscar Simonelli Fiori and Marta Maya, Barrangue de Scarone - all of them arrested when the premises occupied by the National Metal Workers' Union were searched, propaganda material belonging to under-cover political organisations having been found therein.
  149. 149 The following are awaiting trial: Juan Gonzáles (registered as Juan Antonio González Garcia), of the Bus Workers' Union, arrested, but not imprisoned, on 29 October 1975 under section 62 of the ordinary Criminal Code, in conjunction with section 60(VI) of the Military Criminal Codes; Didasko Pérez, a leader of the School Teachers' Federation, by court martial for "aiding a subversive association"; Ariel Mederos and Felipe Diaz, of the Builders' Union, whose case is being investigated by a military examining magistrate, for the offences provided for in section 58(2) and (3) of the Military Criminal Code; Nelson López, of the Bus Workers' Union, for "complicity in assisting a subversive association"; Héctor Saxlund, a worker, whose case is being investigated by a military examining magistrate; and Mario Elirio Alvarez Pons, Gustavo Gravina, José Vicente Estévez, Rúben Alberto Banquero, Jorge Rial Gutiérrez, Pedro Betancur, Raquel Oggiani Poggi, Amilcar Raúl da Costa, José Francisco Bebeacua, and Hugo Leoncio Rey (the Government says that not all of these are workers, some being students and others retired), who are awaiting trial by court martial for "complicity in assisting a subversive association".
  150. 150 The following are being held for trial by court martial: Alicia Rezzano, a leader of AUTE, Federico Martinez, of the Commercial Employees' Federation, Juan Carlos Urruzola, of the Press Association, and Alberto Altesor, a former leader of the railwaymen's union.
  151. 151 Since 4 July 1973, a warrant has been out for the arrest of Elbio Quinteros, an officer of the Montevideo Municipal Employees' Association.
  152. 152 The Government also refers to Alvaro Balbi, who is said by the complainants to have died as a result of ill-treatment. According to the Government, Balbi died while under arrest at a police station. "The military examining magistrate on duty was immediately called, and appeared with the police doctor. He took all the steps required by the circumstances, making arrangements for an autopsy and drawing up a report. As soon as we receive his conclusions, we shall forward them to the Office. Contrary to the complainants' allegations, the deceased was a militant member of seditious associations, and had been arrested at a secret meeting." The Government has not yet commented on the allegation concerning the death of J. Argenta, a member of SUANP.
  153. 153 Lastly, as regards the allegation that the Medical Association was under official supervision, the Government states that the measure applies to the Aid Centre run by that Association. The supervision is limited to the medical care facilities provided by the Association and to financial and administrative matters. The Aid Centre has a good many members, it states, and the services rendered by it were being endangered by its serious financial situation. Thanks to the Government's action, the facilities provided by the Centre have, in certain respects, been substantially improved.
  154. 154 The Government has not yet commented on the fresh allegations relating to the occupation and searching of various trade union offices.
  155. 155 Shortly before the meeting of the Committee, two communications were received from the International Union of Workers in the Public and Similar Services, dated 29 January and 2 February 1976, containing allegations concerning the arrest and ill-treatment of the following leaders of the workers in state services: Ruben Villaverde, Dr. Hugo Sacchi, Eugenio Bentaberry, Vladimir Turiansky, Antonio Bacchi, Roberto Casanova, Luis Santos, A. Meneses, Ismael Peña and Honorio Lindner, some of whom had already been mentioned in previous complaints. The World Federation of Trade Unions sent a communication dated 17 February 1976, in which it pointed out that Mr. Turiansky had had an operation as a result of the ill-treatment he had received and that his condition had been serious ever since. According to the WFTU, Rosario Pietrarroia, Secretary-General of the National Union of Metalworkers, and Gerardo Cuesta, a leader of the CNT, had also been arrested. In accordance with the procedure in force, these communications were transmitted to the Government for its observations.

B. B. The Committee's conclusions

• Conclusions of the Committee
  156. 156 The Committee takes due note of the information and observations supplied by the Government. Before all else the Committee wishes to express its grave concern at the fact that despite the time that has elapsed and despite the statements made by the Minister of Labour to the Director-General's representative in June 1975 - to the effect that the Government hoped to be able to enact new trade union legislation either late in 1975 or early in 1976 - the position does not seem to have changed. The Committee had already recommended the Governing Body to impress upon the Government the importance it attaches to the early adoption and application of labour legislation in line with the standards set by Convention No. 87. The Government now affirms that it is considering ways whereby trade union activities might be rapidly restored, but that the reasons which led to the emergency measures are still valid. In this respect, the Committee must emphasise the considerations it expressed at its last session, namely the importance of distinguishing between, on the one hand, the exercise of trade union rights and, on the other, the political activities, at present banned, of certain trade unionists which have nothing to do with trade unionism or go beyond normal trade union activities. The Committee regrets that the Government has still not taken specific action to restore normal trade unionism, and is thus prolonging a state of affairs in which restrictive legislation and practices are seriously hampering the activities proper to any occupational organisation, contrary to the basic principles of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Uruguay.
  157. 157 As regards the dissolution of trade union bodies by Government order, the Committee repeats what it said earlier, namely that in the normal course of events it is for the courts to decide whether accusations brought against a trade union should lead to its dissolution, in accordance with the law. Article 4 of Convention No. 87 expressly says that "workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority".
  158. 158 The Committee observes that several workers and trade unionists, previously arrested by the police, have later been released. It has already drawn attention to the danger involved for trade union rights by arrests of trade unionists concerning whom no grounds for conviction are subsequently found. The Government should therefore take steps to ensure that the authorities concerned receive proper instructions, designed to eliminate the risk of unwarranted arrest.
  159. 159 As regards the list of trade unionists whose cases are now being investigated, or who are awaiting trial by court martial (according to the Government's most recent letter), the Committee would like to be informed about the decisions taken and to receive copies of any sentences rendered, together with the reasons adduced. It still awaits information from the Government on the other trade unionists under arrest, mentioned in the Committee's 153rd Report and in the new allegations.
  160. 160 The Committee takes special note of what the Government has to say about the allegations of ill-treatment. It particularly notes that, in every instance, the Government has called for a thorough inquiry into the complainants' allegations. In this respect, it awaits the outcome of the investigations being made into the death of Mr. A. Balbi, as promised by the Government, and information about the death of J. Argenta, a worker and about the allegations formulated with regard to Mr. Vladimir Turiansky. Once more, the Committee wishes to emphasise the importance it attaches to the issue of specific instructions for the primary purpose of preventing any possible practices of this kind.

The Committee's recommendations

1. 161. In view of all these circumstances, the Committee recommends the Governing Body:
   • (a) to regret that, in spite of the statement made by the Minister of Labour in June 1975, the Government has still taken no practical steps to restore the trade union situation to normal, so that the workers' occupational organisations and their members can benefit properly from the safeguards and fully exercise the rights set forth in the Conventions on freedom of association ratified by Uruguay;
   • (b) to reaffirm the principle contained in Article 4 of Convention No. 87, namely that "workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority";
   • (c) while noting the release of several workers and trade unionists previously detained, to draw the Government's attention to the considerations set forth in paragraph 158 above and, in particular, to the danger involved for trade union rights when trade unionists are arrested and no grounds for conviction are subsequently found;
   • (d) to take note of the information supplied by the Government about certain of the trade unionists detained, and to request the Government for the information still outstanding, and especially for the decisions taken with regard to the persons concerned, together with copies of the judgments rendered, with the reasons adduced;
   • (e) to take note of the Government's statement concerning the allegations of ill-treatment, to reaffirm the importance of issuing specific instructions on the subject for the primary purpose of preventing any possible practices of this kind, and to request the Government for the information mentioned in paragraph 160 above;
   • (f) to ask the Government for its detailed comments on the occupation and searching of trade union premises, referred to in paragraph 143 above;
   • (g) to take note of this interim report, it being understood that the Committee will submit a further report once it has received the information requested.