Report in which the committee requests to be kept informed of development - Report No 349, March 2008

Case No 2561 (Argentina) - Complaint date: 30-APR-07 - Closed

Allegations: The complainant organization alleges the forced entry by unknown persons and theft of computers at the office of the director of the legal service of the CTA and the CTA’s headquarters in the federal capital, as well as the stoning of the home of the General Secretary of the provincial council of the ATE in Santa Cruz and telephone threats

1. 370. The complaint is contained in a communication from the Congress of Argentine Workers (CTA) dated April 2007. The International Trade Union Confederation (ITUC) associated itself to the complaint in a communication dated 25 April 2007.
2. 371. The Government sent its observations in a communication dated 26 October 2007.
3. 372. 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. The complainants’ allegations

1. 373. In its communication of April 2007, the CTA states that as part of a campaign of intimidatory action directed at certain organizations connected with the defence of human rights in general and trade union rights in particular, on Sunday 18 February 2007 a number of unidentified individuals broke into the offices of Dr Horacio Meguira, Director of the national legal service of the CTA. They went directly to Dr Meguira’s own office and, significantly, did not bother to take any valuables but confined themselves to taking his computer and the fax machine which contained in its memory details of all calls sent and received. It is clear from the nature of what was taken – the fax equipment and a number of documents – that this was no ordinary robbery but something which must objectively be viewed as deliberate intimidation directed against members of the CTA. In the light of this, the CTA sought to instigate a judicial investigation into the crime. The case is being examined by the Criminal Investigation Department No. 7.
2. 374. The complainant organization adds that during the weekend of 10 and 11 March 2007, the CTA headquarters in the federal capital, located at Carlos Calvo 2365, were robbed of computers, although other valuables and money were not touched. According to the CTA, the modus operandi in this case bears a close resemblance to the one adopted by the individuals who broke into the offices of Dr Meguira. The CTA states that a report has been made to the police and interviews have been sought with the heads of security and human rights within the Buenos Aires municipal administration.
3. 375. Lastly, the CTA alleges that in the early morning of 23 March 2007, stones were thrown at the home of Mr Alejandro Garzón, the general secretary of the Santa Cruz provincial executive council of the ATE, and both he and his family received telephone threats from unidentified individuals who said that they were going to attack him or his family. A complaint was made to the police, and the National Executive Council of the ATE has sent out letters making it clear that the national and Santa Cruz provincial authorities are responsible for the personal safety of Alejandro Garzón and his family, and of any other workers who exercise their constitutional right to strike, demonstrate and express themselves. The CTA considers that the alleged acts constitute intimidation and harassment carried out with the intention of restricting or obstructing the exercise of trade union rights by union bodies, union officials and the workers they represent.

B. The Government’s reply

1. 376. In its communication of 26 October 2007, the Government, referring to the case of Mr Garzón, denies that the alleged facts are in any way linked with the provincial authorities or that there can be even the suspicion of restrictions on trade union activities in the province. The Government emphasizes that the Deputy Minister of Labour and Social Security of the province has not been faced with any court summons, nor have the local offices from the province interior. The Government indicates that the complainant organization does not refer to the place where the complaint was lodged, which has made it difficult to trace. The Government also states that on 31 May 2007, a conciliation hearing took place at the headquarters of the Deputy Minister for Labour and Social Security of Santa Cruz Province, attended by the ATE in the person of Mr Alejandro Garzón. An agreement was concluded recognizing the arrears of wages due during the dispute, and the workers undertook to refrain from further coercive action until such time as the joint meetings with the provincial government were concluded.
2. 377. The Government states that, as regards the incidents alleged to have occurred in the offices of Dr Miguera and at the CTA premises, the investigating attorney has carried out all the necessary procedures in connection with the complaint and that currently new elements are expected to come to light which should make it possible to identify those responsible for the acts in question. The Government states that it will keep the ILO informed of any progress made in the judicial investigation, to the extent that this is allowed under criminal proceedings.

C. The Committee’s conclusions

1. 378. The Committee notes that in the present case, the complainant organization alleges that against a background of intimidation, unidentified individuals entered the offices of the director of the CTA legal service in February 2007 and the headquarters of the CTA in the federal capital in March, appropriating only computers and, in the director’s office, a fax machine. The complainant organization also alleges that the residence of the General Secretary of the provincial executive council of ATE in Santa Cruz, Mr Alejandro Garzón was attacked with stones and he and his family received telephone death threats.
2. 379. As regards the forced entry by unidentified individuals into the office of the director of the CTA’s legal service in February 2007 and of the national headquarters of the CTA in March, with the theft of computers and, in the director’s office, of a fax machine, the Committee takes note of the Government’s information that the investigating attorney has carried out all the necessary procedures in connection with the case, and new elements are expected to come to light which should make it possible to identify those responsible for the acts in question. The Committee recalls that the inviolability of trade union premises is a civil liberty which is essential to the exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 178]. Under these circumstances the Committee, while deploring the alleged acts, expects that the investigation to which the Government refers will be concluded soon and will make it possible to identify and punish those responsible for the acts in question. The Committee requests the Government to keep it informed in this regard.
3. 380. As regards the allegation that the residence of Mr Alejandro Garzón, the General Secretary of the Santa Cruz Executive Council of ATE, was attacked with stones and that he and his family received telephone death threats, the Committee takes note of the Government’s denial that the alleged acts have anything to do with the provincial authorities, or that there could be any suspicion of restrictions on freedom of association in the province. The Committee also takes note of the Government’s statements to the effect that: (1) the Department of Labour and Social Security in the province has not been the subject of any legal complaints, nor have the local offices of the province interior; (2) the complainant organization does not refer to the place where the complaint was lodged, which has made it difficult to trace; (3) on 31 May 2007, a conciliation hearing took place at the headquarters of the Department of Labour and Social Security of Santa Cruz Province, attended by the ATE in the person of Mr Alejandro Garzón. An agreement was concluded acknowledging the arrears of wages that had fallen due during the dispute, and the workers undertook to refrain from further coercive action until such time as joint meetings with the provincial government were concluded. Given the claim by the ATE that it lodged a formal complaint with the police, the Committee requests the Government to inform it of the action taken in connection with this complaint and the outcome of the investigations, stating in particular whether or not those responsible have been identified and punished.
4. 381. In general, the Committee recalls that “a climate of violence, coercion and threats of any type aimed at trade union leaders and their families does not encourage the free exercise and full enjoyment of the rights and freedoms set out in Conventions Nos 87 and 98. All States have the undeniable duty to promote and defend a social climate where respect of the law reigns as the only way of guaranteeing respect for and protection of life.” [see Digest, op. cit., para. 58]. The Committee requests the Government to keep it informed in this regard.

The Committee's recommendations

1. 382. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) With regard to the forced entry by unidentified individuals at the offices of the Director of the CTA’s legal service in February 2007 and at the headquarters of the CTA in the federal capital in March 2007, with the theft of computers, and (at the office of the Director of the legal service) of fax equipment, the Committee expects that the investigation to which the Government refers will be concluded in the near future and will make it possible to identify and punish those responsible. The Committee requests the Government to keep it informed in this regard.
   • (b) With regard to the allegation that stones were thrown at the residence of Mr Alejandro Garzón, General Secretary of the Provincial Executive Council of the ATE in Santa Cruz, and he and his family received telephone death threats, the Committee, noting the ATE’s statements to the effect that it has made a formal complaint to the police, requests the Government to inform it of the action taken in connection with this complaint and the outcome of the investigations, stating in particular whether or not those responsible have been identified and punished.