Informe provisional - Informe núm. 272, Junio 1990

Caso núm. 1510 (Paraguay) - Fecha de presentación de la queja:: 26-SEP-89 - Cerrado

1. 506. The International Confederation of Free Trade Unions (ICFTU) presented a complaint alleging violation of freedom of association against the Government of Paraguay in a communication of 26 September 1989. It subsequently sent new allegations in communications of 12 October and 14 December 1989. Since then, the Government has not furnished any information or observations concerning this complaint.
2. 507. At its meeting of February 1990, the Committee, having noted that it had not received observations from the Government in spite of the time elapsed since the complaint was received, drew the Government's attention to the fact that, pursuant to the procedure established in paragraph 17 of its 127th Report, it would proceed to examine the substance of the case at its next meeting, even if the Government's observations were not received in time.
3. 508. Paraguay has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 509. The ICFTU states that in spite of the optimism to which the inauguration of the new democratic Government had given rise as regards trade union rights and freedoms, acts of anti-union discrimination continue. It specified that these acts affect trade union members and large groups of workers who endeavour to organise or to join a trade union.
2. 510. Since the new Government came to power, 519 workers have been dismissed for having sought to organise or join a trade union, and the ICFTU furnishes the following breakdown:
   • Trade unions and enterprises Number of dismissals
   • Workers in the clothing and allied branches, 26 Employees and workers in trade, 40 Terminal (city of Este), 2 Parawood (city of Este), 11 Food, 3 Guarani Galleries (in Este), 1 Transport, 16 Vargas Pena undertaking, 20 Heisecke, 3 La Vencedora, 4 Polifabril, 20 Santa Teresa Ceramics, 3 Box du Paraguay Carton, 7 Franco Spezzini, 19 Incol, 13 Techno Electrics, 166 Construction, 84 Barrial Hermanos, 30 Adolfo Dominguez, 15 SGCL undertaking, 36
3. 511. The ICFTU states that the Workers' Unified Confederation (CUT) has explained that these dismissals aimed at repressing workers who exercised their legitimate rights to organise within enterprises, and who sought, through these organisations, to assert their rights and claims. These workers have, in vain, requested to be reinstated. What is more, according to their attorneys, 70 per cent of them are unable to find new jobs because of the circulation of blacklists among companies.
4. 512. Moreover, the ICFTU mentions the illegal detention of two trade union leaders, Efigenio Lisboa and Clandelino Benitez, who played an important role in a strike or labour dispute.
5. 513. The former was arrested by the armed forces for having sided with landless peasants on 8 June 1989 in the city of Este. He was imprisoned at the "Escorte presidential battalion barracks", held incommunicado and prevented from consulting an attorney. He was released after 22 days, but does not enjoy full freedom of movement. The latter, who is general secretary of the "Munich" brewery trade union, was also illegally arrested by the police, acting without a warrant, on 31 August 1989 while travelling to work on a bus.
6. 514. Lastly, the owner of the Asunción brewery and senator of the Colorado Party, Blas Riquelme, and the INDEGA and CAPSA enterprises dismissed the leaders of trade unions which had recently been established in these enterprises. Moreover, the latter of these enterprises refused to negotiate a collective agreement with the workers.
7. 515. In another communication of 12 October 1989, the ICFTU denounces the arrest of trade unionists Carlos Filizzola and Silvio Ferreira, leaders of the CUT, Pedro Salcedo, General Secretary of the CAPSA trade union, on 10 October 1989, while they were presenting a petition to the President of the Republic, and the violent repression in the Asunción police station, on 11 October 1989, of trade union leaders who were demanding the release of their comrades.
8. 516. Lastly, on 14 December 1989, the ICFTU states that its regional affiliate, the Workers' Inter-American Regional Organisation (ORIT) reported that on 12 December 1989, at 1 p.m., a strike by the workers of the Itaïpu (Paraguay) hydroelectric scheme was violently repressed by the Paraguayan army. This action resulted in two deaths and dozens of injuries. Moreover, according to the ICFTU, although the striking workers were not affiliated with the CUT, this organisation called on its affiliate trade unions in Itaïpu to join the strike movement, which led to a general strike on the company's site. The CUT also decided to call a symbolic protest strike of all of its affiliate trade unions throughout the country over the following days.

B. The Committee's conclusions

1. 517. The Committee notes with deep regret that, in spite of the time elapsed since the complaint was filed, and despite repeated requests to the Government for its comments and observations on this case, the Government has not replied to the allegations of the complainant Confederation.
2. 518. In these circumstances, and in accordance with the corresponding rule of procedure (see para. 17 of the Committee's 127th Report, approved by the Governing Body at its 184th Session (November 1971)), the Committee finds itself obliged to present a report on the substance of the matter, even in the absence of information requested from the Government.
3. 519. In the first place, the Committee recalls that the purpose of the whole procedure set up in the ILO for the examination of allegations of violations of freedom of association is to promote the respect for trade union rights in law and in fact. If the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance for their own reputation of formulating, so as to allow objective examination, detailed replies to the allegations brought against them. (See the Committee's First Report, para. 31.)
4. 520. The Committee notes that the allegations in this matter concern: (1) the dismissal of 519 workers for seeking to organise or join a trade union; (2) the refusal of an enterprise to negotiate a collective agreement with its workers; (3) the illegal detention of several trade union leaders for having called a strike, participated in a labour dispute, or exercised their right to demonstrate; and (4) the violent repression by the army of a strike at the Itaïpu hydroelectric scheme, which resulted in two deaths and dozens of injuries.
5. 521. As regards the allegation of the dismissal of 519 workers, identified by name, from several enterprises for having sought to organise or join a trade union, the Committee recalls that in ratifying Conventions Nos. 87 and 98, the Government undertook to (1) guarantee the right of workers to set up and join trade unions, and (2) take measures to protect workers against actions, including dismissal, which entail discrimination based on trade union reasons.
6. 522. Consequently, the Committee recalls that the Government is responsible for preventing all acts of anti-union discrimination, and that it must ensure that complaints of anti-union discrimination are examined in the framework of national procedures which should be prompt, impartial and considered as such by the parties concerned. Moreover, the Committee recalls that the practice of blacklisting workers seriously undermines the exercise of trade union rights.
7. 523. As regards the allegation that an enterprise refused to negotiate a collective agreement with its workers, the Committee notes that, in ratifying Convention No. 98, the Government undertook to adopt appropriate measures to promote the development of voluntary collective bargaining procedures between employers and organisations of employers and organisations of workers, as a means of regulating conditions of employment. The Committee also recalls the importance which it attaches to the principle that employers should, for the purposes of collective bargaining, recognise the representative organisations of their employees.
8. 524. As regards the allegations that several trade union leaders, identified by name, have been arrested for having exercised legitimate trade union activities, the Committee notes that, according to the statements made by the ICFTU, these trade union leaders, while legitimately exercising their right to strike or demonstrate, were illegally arrested, that although some have been released, they remain subject to restrictions, and that they have not been brought to trial. The Committee has always considered that workers should enjoy the right to strike and the right to peaceful demonstration to defend their occupational interests. It also emphasises that the preventive detention of trade unionists implies serious interference in trade union activities and should be accompanied by appropriate judicial safeguards which are implemented within a reasonable period.
9. 525. As regards the allegations of the violent repression by the army of a strike at the Itaïpu hydroelectric scheme, which resulted in two deaths and dozens of injuries on 12 December 1989, the Committee recalls that a climate of violence, such as that reflected by the violent death or injury of trade unionists, constitutes a serious obstacle to the exercise of freedom of association. On many occasions, when events have led to the loss of life or serious injury, the Committee has emphasised the importance of instituting independent judicial inquiries to determine the facts, identify and punish the guilty parties, and prevent the repetition of such actions.

The Committee's recommendations

1. 526. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets the fact that the Government has not supplied its comments or observations on the serious allegations in this matter.
   • (b) As regards the allegation that 519 workers in different branches of activity and enterprises, identified by name, have been dismissed for having sought to organise or join a trade union, the Committee emphasises the importance which it attaches to the principles that workers should have the right to set up and join trade unions, and that workers should benefit from adequate protection against all acts of anti-union discrimination. Consequently, the Committee requests the Government to take all measures which may be necessary to remedy the situation, and to keep it informed in this connection.
   • (c) As regards the allegation that an enterprise refused to negotiate a collective agreement with its workers, the Committee recalls that in ratifying Convention No. 98, the Government undertook to adopt appropriate measures to promote collective bargaining. It emphasises that employers should, within the framework of collective bargaining, recognise the representative organisations of the workers they employ.
   • (d) As regards the allegations of the arrest of trade union leaders for legitimate trade union activities, the Committee recalls that preventive detention implies the risk of a serious interference in the activities of trade unions, and that it must be accompanied by appropriate judicial guarantees implemented within a reasonable period. The Committee therefore requests the Government to supply detailed information on the current legal status of the following trade union leaders: Efigenio Lisboa, a peasant trade union leader, Clandelino Benitez, a leader of the "Munich" brewery trade union, Carlos Filizzola and Silvio Ferreira, CUT trade union leaders, and Pedro Salceco, a leader of the CAPSA, who are alleged to have been arrested or restricted in their freedom of movement.
   • (e) As regards the allegations of the army's violent repression of a strike at the Itaïpu hydroelectric scheme, which resulted in two deaths and a dozen injuries on 12 December 1989, the Committee urges the Government to institute an independent judicial inquiry so as to clarify the facts, identify and punish the guilty parties, and prevent a repetition of such actions. It also requests to be kept informed of the results of any such inquiry.