Informe provisional - Informe núm. 268, Noviembre 1989

Caso núm. 1446 (Paraguay) - Fecha de presentación de la queja:: 06-ABR-88 - Cerrado

1. 397. The World Confederation of Organisations of the Teaching Profession (WCOTP) presented a complaint against the Government of Paraguay alleging the violation of trade union rights in communications of 6 April, 25 May and November 1988. The Government has not sent its observations on any of the outstanding allegations, even though it has been requested to do so on several occasions.
2. 398. 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. The complainant's allegations

1. 399. In a communication of 6 April 1988 the WCOTP states that Mr. Juan Gabriel Espínola, the recently elected General Secretary of the Teachers' Organisation of Paraguay (OTEP), an affiliate of the WCOTP, was transferred from his post as regular teacher in the "Vicepresidente Sánchez" National School in Asunción, to the National School of Commerce in La Paloma, some 500 kilometres from Asunción. This transfer was ordered by means of resolution No. 168 of 7 March 1988, which also reclassified Mr. Espínola as an alternate teacher, although he had been a regular teacher for five years. The WCOTP attaches several documents which evidence the prominent trade union activities of this teacher, who participated actively in the National Minimum Wage Campaign launched by the OTEP in 1987. Mr. Espínola appealed the ministerial resolution on 11 March 1988 before the Ministry of Education and Culture, arguing that these measures were unjustified.
2. 400. In a communication of 25 May 1988 the WCOTP denounces the dismissal of Antonia Jara Paredes, the Principal of the "Coronel Feliciano Duarte" school, and that of Canuta Ozuna de Ledesma, owing to their trade union activities. Both are trade union officials of the OTEP.
3. 401. In a communication of November 1988, the WCOTP alleges that on 21 September 1988, at approximately 8 p.m., plain clothes policemen entered the house of Mr. Roque Vera and proceeded to detain four persons, including Mrs. Cira Novara, a teacher and an active member of the OTEP. Mrs. Novara was led to the "Buen Pastor" penitentiary and charged with subversive activities, under Act No. 208 on the protection of law and order and the freedom of individuals. The WCOTP states that, according to information it has received, Mrs. Novara was subjected to psychological pressure and received threats of sexual abuse during her detention. Mrs. Novara was released on 17 October 1988, but was dismissed from her teaching post. The WCOTP states that the authorities consider trade union activities to be "subversive" and that this appears to have been the reason for Mrs. Novara's detention.

B. The Committee's conclusions

1. 402. In spite of the time which has elapsed since the allegations were submitted, and in spite of various requests for information addressed by the ILO to the Government, no reply has been received.
2. 403. Before examining the substance of this case, the Committee considers it necessary to recall the observations it made in its first report (paragraph 31, approved by the Governing Body in March 1952), and which it has had occasion to repeat several times. The purpose of the whole procedure is to promote respect for trade union rights in law and in fact; the Committee is confident that, if the procedure protects governments against unreasonable accusations, governments on their side will recognise the importance of formulating for objective examination detailed replies to such allegations as are put forward by complainant organisations.
3. 404. The Committee deeply regrets that the Government has not sent any of the information requested by the Committee, and that for this reason, owing to the time elapsed, the Committee must proceed to examine the case without the benefit of the Government's observations on the allegations in question.
4. 405. As regards the allegation concerning the transfer and reclassification of Mr. Juan Gabriel Espínola, the General Secretary of the Teachers' Organisation of Paraguay (OTEP), by means of a ministerial resolution, and the dismissal of OTEP trade union leaders, Antonia Jara Paredes and Canuta Ozuna de Ledesma, on the grounds of trade union activities, the Committee recalls the principle according to which no worker should be subject to discrimination in his or her employment owing to legitimate trade union activities or membership. Moreover, trade unionists should enjoy adequate protection against any acts of anti-union discrimination not only in respect of their hiring and dismissal, but also in respect of any discriminatory measure taken during their employment, and in particular against transfers, delays in promotion and other prejudicial action (in this connection, see 236th Report, Case No. 1290 (Uruguay), para. 389 and 211th Report, Case No. 1020 (Mali), para. 250).
5. 406. The Committee again urges the Government to send its observations on these allegations, and in particular to state whether administrative resolution No. 168 concerning trade union leader Juan Gabriel Espínola has been revoked or reviewed in response to the written objections presented by Mr. Espínola to the Ministry of Education and Culture on 11 March 1988. It also requests the Government to inform the Committee of the grounds for the dismissal of trade unionists Antonia Jara Paredes and Canuta Ozuna de Ledesma.
6. 407. The Committee deeply regrets the detention, psychological pressure and threats against the trade unionist Cira Novara, as well as her subsequent dismissal under Act No. 208 on the protection of law and order and the freedom of individuals. It recalls that a truly free and independent trade union movement cannot develop in a climate of violence and uncertainty. Moreover, the detention of trade union leaders without specific criminal charges against them involves restrictions on trade union rights (see 217th Report, Case No. 1031 (Nicaragua), para. 120).
7. 408. The Committee urges the Government to supply information concerning the specific events and acts on which the charges against Mrs. Novara are based, to state whether there has been a judicial inquiry, and if so, to specify the outcome of the same, as well as the reasons for her dismissal.

The Committee's recommendations

1. 409. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that the Government has not sent any information requested by the Committee, and that for this reason the Committee must, owing to the time elapsed, examine the case without the benefit of the Government's replies to the allegations.
   • (b) The Committee can only draw to the Government's attention the principle that no worker should be subject to discrimination in employment owing to his trade union activities or membership.
   • (c) As regards the transfer and reclassification of the General Secretary of the OTEP, Mr. Juan Gabriel Espínola, and the dismissal of teachers Antonia Jara Paredes and Canuta Ozuna de Ledesma owing to their trade union activities, the Committee urges the Government once more to send its observations on these allegations, and in particular to state whether administrative resolution No. 168 concerning Mr. Espínola has been revoked or reviewed in the light of the written objections presented by Mr. Espínola before the Ministry of Education and Culture. It also requests the Government to inform the Committee of the reasons which led to the dismissal of trade unionists Antonia Jara Paredes and Canuta Ozuna de Ledesma.
   • (d) The Committee deeply regrets the detention, psychological pressures and threats against trade unionist Cira Novara and her subsequent dismissal and requests the Government to inform it of the specific events and acts on which the charges are based, to state whether a judicial hearing has been instituted, and if so, to specify its outcome.