Informe provisional - Informe núm. 268, Noviembre 1989

Caso núm. 1341 (Paraguay) - Fecha de presentación de la queja:: 24-JUN-85 - Cerrado

1. 358. The Committee has already examined this case on four occasions, the last being at its November 1988 meeting, when it presented an interim report (see 259th Report, paras. 476-516, approved by the Governing Body at its 241st Session (November 1988)). Since then the Government transmitted certain information and observations in communications of 27 January and 5 September 1989. The ICFTU sent new allegations in communications of 9 and 15 December 1988 and 10 January and 3 February 1989.
2. 359. Paraguay 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. Previous examination of the case

1. 360. The allegations which remain outstanding in this case relate to the assault by members of the pro-government party against doctors and nurses at the Clínicas Hospital who were attending to persons who had been injured during a trade union demonstration held on 3 May 1986; the detention of trade union leaders Raquel Aquino (March 1987), Marcelino Corazón Medina, Pedro Gamana, Carmelino Torales, Arcadio Flores and Teodoro González (18 May 1988); the dismissal, for trade union reasons, of trade union leader Sebastián Rodríguez in 1986; and to certain legislative questions which had been brought to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
2. 361. As regards the above-mentioned outstanding allegations, the Governing Body, at its November 1988 meeting, adopted a number of recommendations at the invitation of the Committee:
   • (a) The Committee notes with interest that the Government has replied to certain allegations, but regrets that it has as yet supplied no observations on several of the serious allegations made against it by the complainants.
   • (b) Consequently, on the factual issues, the Committee once again requests the Government to state whether it is correct that members of the pro-government party assaulted doctors and nurses on hospital premises who were treating persons injured by the forces of order when a trade union demonstration was repressed on 3 May 1986, as affirmed by the ICFTU in a communication of 5 May 1986, and if so to state whether a judicial inquiry has been instituted following this repression to determine who is responsible.
   • (c) The Committee also requests the Government to reply to the ICFTU's allegations dated 3 April 1987 and 30 May 1988 respectively concerning the imprisonment in March 1987 of Raquel Aquino, a leader of secondary-school students, in the Pastor prison and the arrest, on 18 May 1988, of agricultural workers' leaders Marcelino Corazón Medina, Pedro Gamana, Carmelino Torales, Arcadio Flores and Teodoro González. In particular, it requests the Government to state precisely on what grounds they were imprisoned, to furnish the text of the court judgements concerning them if they have been tried, and to specify whether these persons have since been released.
   • (d) The Committee requests the Government to keep it informed on the outcome of the appeal against dismissal lodged by the trade union leader Sebastián Rodríguez, former General Secretary of the Bus Drivers' Union (Route No. 21) who is said to have been dismissed in 1986 for trade union reasons.

B. New allegations

1. 362. In its telegram of 9 December 1988, the ICFTU alleges that on 7 December 1988 the following trade union leaders were detained in different parts of the country: Oscar Acosta, Secretary General of the Journalists' and Radio Caritas Trade Union; Marina Arrón, trade union leader of the Royal Bank of Paraguay; Elsa Mereles, President of the Asunción Clínicas Hospital Workers' and Nurses' Association. The ICFTU affirms that these trade union leaders were detained without just cause three days before the so-called "March for Life", a demonstration convened by the Inter-Trade Union Workers' Movement (MIT), was to be held.
2. 363. In another telegram of 15 December 1988 the ICFTU expresses its concern over a new series of arrests mainly involving the leaders of the MIT. The persons concerned are: Ronald Orrego, Edilberto Vargas, Gabriel Espínola, Celso Velázquez, Juan Galiano, Juanita Arracela and Teresa Godoy. These persons are being detained in the prisons of the National Guard.
3. 364. In a telegram of 10 January 1989 the ICFTU alleges that the "Hoy" publishing house dismissed all trade union leaders and delegates belonging to the Asunción Journalists' Trade Union. These dismissals took place while negotiations were being held with the trade union concerning the introduction of new technologies. The trade unionists are: Eduardo Arce, Ramón Casco, Estela Rufenelli, Marité Ocampos, Teresa Godoy, Idilio Méndez, Hugo Villalba and five other workers.
4. 365. In a communication of 3 February 1989 the ICFTU expresses its concern over the police harassment of the Construction Workers' Trade Union (SINATRAC) since 9 January, which has paralysed that organisation's trade union activities. The ICFTU states that repression against workers is getting worse and is taking the form of beatings, detentions, bureaucratic obstacles in public institutions and "visits" to trade union premises without warrants. It also adds that on 31 October 1988 Messrs. Nazario Valiente, Juan Manuel Villalba, Gerardo Mercedes Brites, Higinio Candia, Gilberto Domínguez and Basilio Pereira, members of the SINATRAC, were clubbed and threatened by members of the police force as they were leaving the union's premises.
5. 366. The "visits" to trade union premises in October and November 1988 were carried out by police officers who proceeded to interrogate trade union officials about the operations, time and place of meetings and names of persons who had visited such premises. Moreover, a high-level official of the Police Investigation Department also visited trade union premises where meetings were being held by various union executive committees, and conducted interrogations without furnishing any explanation.

C. The Government's reply

1. 367. In a telegram dated 27 January 1989 the Government refers to the dismissal of workers of the "Hoy" publishing house, and in this connection states that the complainant has made tendentious allegations with a view to implicating the Government; in fact, the dismissal of these workers was the result of a managerial decision taken unilaterally by a private enterprise, which informed the Labour Directorate on 10 January 1989 of its decision to terminate the employment contract of these workers. The Government's communication states that, to date, none of the workers concerned has appealed to the labour administration bodies to denounce his or her dismissal or any violation of freedom of association.
2. 368. In its communication of 5 September 1989 the Government states that since 1 May 1989, the Government has been headed by General Andrés Rodríguez, who was elected as constitutional President of the Republic of Paraguay. The arbitrary administrative actions carried out by the officials of the previous government reflect procedures, attitudes and events that belong to the past, a past which both the people and the Government of Paraguay hope never to see again. The Government assures the ILO that the new national Government guarantees the full freedom of the trade union movement, as well as its security, in accordance with the national Constitution, the Labour Code and the Conventions and Recommendations ratified by Paraguay.
3. 369. Specifically in connection with this case, the Government's communication states that no trade union leader is currently being detained, and that on the contrary, the trade unionists who are alleged to have been persecuted and detained by the previous regime, such as Marcelino Corazón Medina, enjoy their full freedom. This trade unionist, in particular, enjoys full freedom of action and expression as a leader of workers and peasants, and more recently, as a political activist in the Workers' Party, which has been recognised and registered in the Central Electoral Council.
4. 370. As regards the situation of doctors and nurses of the Clínicas Hospital, the Government states that their situation has been completely rectified. The reasons which led to their struggle with the previous regime have been given full consideration by the new Government, which ordered the complete restoration of the old building, and provided the hospital with all infrastructures necessary for its operations. In addition, it has met their demands for higher wages. To date, the Government adds, there is no discontent among the hospital's employees; they enjoy full freedom and guarantees in the exercise of their activities. The Government adds that, at the present time, all "illegal" restrictions imposed by the previous regime, such as detentions and torture, are being denounced and investigated by the courts on an individual basis and in accordance with the law. The complaints presented to the ILO concern events which took place during the previous regime, and the new Government has no responsibility in this connection. However, any cases brought before the competent authorities of the country which may affect trade unionists will be duly examined.
5. 371. As regards the dismissal of Mr. Sebastián Rodríguez, former General Secretary of the Bus Drivers' Union (Route No. 21) of Fernando de la Mora, the Government states that the Labour Court ordered his reinstatement. Recently, the Labour Directorate, by means of Resolution No. 229 of 20 March 1989, approved the registration of the new executive committee of the trade union headed by Mr. Sebastián Rodríguez.

D. The Committee's conclusions

1. 372. The Committee notes that the Government has sent some of the information requested by the Committee; it also notes that since 1 May 1989 there is a new Government in Paraguay, which affirms its total commitment to freedom of association. However, the Committee wishes to point out that when examining allegations concerning the infringement of trade union rights by one government, the Committee has indicated that there existed a link of continuity between successive governments of the same State, and that while a government cannot be held responsible for events which took place under a former government, it is clearly responsible for any continuing consequences which these events may have had since its accession to power. Where a change of regime has taken place in a country, the new government should take all necessary steps to remedy any continuing effects which the events on which the complaint is based may have had since its accession to power, even though those events took place under its predecessor.
2. 373. The Committee notes that some of the outstanding allegations in this case relate to allegations of assaults by members of the pro-government party against doctors and nurses at the Clínicas Hospital, while they were treating persons who had been injured, apparently by law enforcement personnel, during the trade union demonstration held on 3 May 1986. They also relate to the detention of trade union leaders Raquel Aquino in March 1987, Marcelino Corazón Medina, Pedro Gamana, Carmelino Torales, Arcadio Flores and Teodoro González on 18 May 1988, Oscar Acosta, General Secretary of the Jounalists' and Radio Caritas Trade Union, Marina Arrón, trade union leader of the Royal Bank of Paraguay, and Elsa Merelas, President of the Asunción Clínicas Hospital Workers' and Nurses' Association, on 7 December 1988, and the arrest in December 1988 of the following trade union leaders (mostly belonging to the MIT): Ronald Orrego, Edilberto Vargas, Gabriel Espínola, Celso Velázquez, Juan Galiano, Juanita Arracela and Teresa Godoy, who are being held in the prisons of the National Guard.
3. 374. In this connection the Committee takes note of information furnished by the Government to the effect that the situation of the doctors and nurses of the Clínicas Hospital has been completely rectified, and that at present, they enjoy full freedom and guarantees in the exercise of their activities. As regards the outstanding allegations concerning the detention of many trade unionists, the Committee notes that the Government states that no trade unionists are currently being held, and that trade unionists who are alleged to have been persecuted and detained by the former regime have been released unconditionally. It observes that the Government cites the specific case of trade union leader Marcelino Corazón Medina, who is active as a leader of workers and peasants, and a member of the Workers' Party. Nevertheless, the Committee requests the Government to furnish specific information on the release of trade unionists Raquel Aquino, Pedro Gamana, Carmelino Torales, Arcadio Flores, Toedoro González, Oscar Acosta, Marina Arrón, Elsa Mereles, Ronald Orrego, Edilberto Vargas, Gabriel Espinola, Celso Velázquez, Juan Galiano, Juanita Arracela and Teresa Godoy.
4. 375. Moreover, the Committee notes that other outstanding allegations relate to the dismissal, for trade union reasons, of the trade union leader Sebastián Rodríguez in 1986, and the dismissal in January 1989 of the trade union leaders and delegates of the Asuncíon Journalists' Trade Union, Eduardo Arce, Ramón Casco, Estela Rufenelli, Marité Ocampos, Teresa Godoy, Idilio Méndez and Hugo Villalba of the "Hoy" publishing house. Furthermore, the Committee takes note of information provided by the Government to the effect that the reinstatement of the trade union leader Sebastián Rodríguez has been ordered by the Labour Court, and that Resolution No. 229 of 20 March 1989, issued by the Labour Directorate, provides for the registration of the new executive committee of the Bus Drivers' Union (Route No. 21) of Fernando de la Mora. Likewise, the Committee notes the information supplied by the Government according to which the trade union leaders and delegates of the Asunción Journalists' Trade Union who were dismissed by the "Hoy" publishing house have not filed any proceedings for their reinstatement before the competent labour authorities. The Committee asks the Government to provide explanations on the procedures which exist to protect workers against acts of anti-union discrimination.
5. 376. Another of the outstanding allegations refers to the acts of violence and death threats of 31 October 1988 against Messrs. Nazario Valiente, Juan Manuel Villalba, Gerardo Mercedes Brites, Higinio Candia, Gilberto Domínguez and Basilio Pereira, members of the SINATRAC, as they were leaving their trade union's office. In this connection the Committee notes that the Government has failed to send specific observations on this point. The Committee wishes to point out that in the event of assaults on a person's physical or moral integrity, it considers that the government concerned should undertake an independent judicial investigation as soon as possible, since this represents an especially appropriate means for clarifying the facts, determining responsibility, punishing the guilty and preventing the repetition of such acts. The Committee requests the Government to state whether any judicial inquiry is in progress, and to specify the results of the same.
6. 377. As regards the allegations of surprise "visits", without warrants, by police officers and officials of the Department of Investigation to trade union premises during trade union meetings, the Committee can only deplore this attitude. It recalls that freedom from government interference in the proceedings of trade union meetings is an essential prerequisite for the free exercise of the right of assembly, and that the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof, unless the exercise of this right would threaten public order or endanger its maintenance (see 190th Report, Case No. 858 (Ecuador), para. 93).

The Committee's recommendations

1. 378. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes with interest that the Government affirms its commitment to respect for freedom of association. It recalls, nevertheless, that there exists a link of continuity between successive governments of the same State and that the Government is responsible for the consequences of events which took place prior to its accession to power.
   • (b) As regards the allegations of assaults against the doctors and nurses at the Clínicas Hospital while they were treating persons who had been injured, apparently by law enforcement personnel, during the trade union demonstration held on 3 May 1986, the Committee takes note of the information provided by the Government, to the effect that the situation of the doctors and nurses at the Clínicas Hospital has been completely rectified, and that they now enjoy full freedom and guarantees in the exercise of their activities.
   • (c) As regards the alleged dismissal of trade union leaders, the Committee asks the Government to provide explanations on the procedures which exist to protect workers against acts of anti-union discrimination.
   • (d) As regards the numerous detentions of trade union leaders (namely Raquel Aquino, Pedro Gamana, Carmelino Torales, Arcadio Flores, Teodoro González, Oscar Acosta, Marina Arrón, Elsa Mereles, Ronald Orrego, Edilberto Vargas, Gabriel Espínola, Celso Valázquez, Juan Galiano, Juanita Arracela and Teresa Godoy), the Committee, while noting the Government's statements to the effect that no trade unionists are currently being detained, requests the Government to supply specific information on the release of the above-mentioned trade unionists.
   • (e) As regards the allegations concerning acts of violence and death threats of 31 October 1988 against Messrs. Mazario Valiente, Juan Manuel Villalba, Gerardo Mercedes Brites, Higinio Candia, Gilberto Domínquez and Basilio Pereira of the Construction Workers' Trade Union, the Committee notes that the Government has not sent specific observations on this matter. The Committee considers that in the event of assaults on the physical or moral integrity of individuals, as in the present case, the government concerned should immediately institute an independent judicial inquiry with a view to clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts. The Committee requests the Government to state whether any judicial inquiry has been instituted, and to specify the outcome of the same.
   • (f) As regards the allegations of surprise "visits", without warrants, by the police and officials of the Department of Investigation to trade union premises during trade union meetings, the Committee can only deplore this attitude and recall that freedom from government interference in the proceedings of trade union meetings is an essential prerequisite for the free exercise of the right of assembly; the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof, unless the exercise of this right would disturb the peace or pose a serious or imminent threat to its maintenance.