Interim Report - Report No 160, March 1977

Case No 836 (Argentina) - Complaint date: 14-JAN-76 - Closed

1. 305. In a communication dated 14 January 1976 the World Confederation of Labour presented a complaint concerning interference with the exercise of trade union rights in Argentina.
2. 306. The text of the above-mentioned communication was transmitted to the Government, which formulated its observations in a letter dated 22 October 1976.
3. 307. 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. 308. In its complaint, the WCL refers initially to the numerous disappearances which occur in Argentina and to the wave of violence which is a constant feature of life in the country.
2. 309. In this connection the complainant mentions the case of the leader of the Metalworkers' Union, José Palacios, said to have been abducted on 11 December 1975 in Buenos Aires by a band of masked persons as he was leaving work. The following night armed and masked persons broke into his home, taking away with them personal and trade union documents, ill-treating his wife and threatening her with death if she did not divulge information concerning the trade union activities of her husband. This took place in the presence of the abducted man's son, who was also roughly handled.
3. 310. The WCL states that José Palacios is known as a most active trade unionist. He has held various trade union positions in the metal industry and been President of the Young Christian workers of Argentina. It also indicates that there has been no news of him since his disappearance and expresses fear for his life.
4. 311. In its reply, the Government, referring to the vague and ill-defined nature of the WCL's initial statements, declares that the present wave of violence in Argentina is due to terrorist action by extremist organisations which are seeking to destroy society with help from outside the country. The community as a whole and national institutions are making an effort to counter such action.
5. 312. With regard to José Palacios, the Government points out that the alleged events are supposed to have taken place on 11 December 1975, or four months before it came to power. It adds that investigations into this case have nevertheless been carried out, but so far without success.

B. B. The Committee's conclusions

1. 313. The Committee has already had occasion to point out that, while a government cannot be held responsible for events which have occurred under another government, it is clearly responsible for any effects which such events may continue to have since it came to power. When there is a change of government in a country the new government should take all measures necessary to remedy any consequences which the alleged actions may continue to produce even though they took place under its predecessor.
2. 314. With respect to the disappearance of José Palacios, the Committee notes that all attempts to find him have so far failed.

The Committee's recommendations

1. 315. In these circumstances the Committee recommends the Governing Body:
   • (a) to draw the Government's attention to the principles set out in paragraph 313 above
   • (b) to note that the Government has had investigations made as regards the whereabouts of José Palacios;
   • (c) to request the Government to continue these investigations and to communicate any information which may come to light concerning his fate;
   • (d) to take note of the present interim report, it being understood that the Committee will submit another report when it has received the information requested.