Allegations: The complainant organizations allege acts of violence against a
woman member
- 429. The Committee examined this case at its May 2014 meeting and
presented an interim report to the Governing Body [see 372nd Report, paras 498–507,
approved by the Governing Body at its 321st Session (June 2014)].
- 430. The Government sent its observations in a communication dated 30
October 2014.
- 431. 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
A. Previous examination of the case- 432. In its previous examination of the case, in May 2014, the Committee
made the following recommendations [see 372nd Report, para. 507]:
The Committee again strongly urges the Government to keep it informed with regard to the investigation carried out following the complaint lodged with the national police concerning the physical assault against the worker, Ms Juana Erenio Penayo.
- 433. The complainant organization had attached to its complaint a copy of
the complaint lodged with the national police by the trade union member. According to
the complaint she was pushed and punched.
B. The Government’s reply
B. The Government’s reply- 434. In its communication of 30 October 2014, the Government states that
the complaint of physical assault lodged against a former manager of the company Cañas
Paraguayas, SA (CAPASA) by Ms Juana Erenia Penayo de Sanabria is filed under police case
file No. 1265/08 of 19 May 2008. The Government states that the Public Prosecutor’s
Office has no record of a complaint involving Ms Juana Erenia Penayo de Sanabria and/or
the former manager, and specifies that by way of note No. 249/13 of 23 March 2013 the
national police headquarters indicated that the complaint of physical assault did not
give rise to a police investigation, as it was an offence punishable exclusively through
private prosecution, in accordance with article 110(2) of the Criminal Code: “the
criminal prosecution of the matter shall depend on a request by the victim …”.
Furthermore, the Government has sent a copy of a note from the executive management of
the company, indicating that Ms Juana Erenia Penayo de Sanabria is on the employee
payroll and is working as a machine operator in the packaging section of the
company.
C. The Committee’s conclusions
C. The Committee’s conclusions- 435. The Committee recalls that the allegations that were still pending
in this case related to the physical assault against a woman worker, member of the trade
union, Ms Juana Erenia Penayo de Sanabria, by a former manager of the company (the
complainant organization enclosed with its own complaint a copy of the complaint lodged
with the national police, alleging violence at the workplace of a certain
severity).
- 436. The Committee notes the Government’s statement that the member in
question is still working at the company and that the complaint of physical assault
lodged by Ms Juana Erenia Penayo de Sanabria against a former manager of the company
(police case file No. 1265/08 of 19 May 2008) did not give rise to a police
investigation, as it was an offence punishable exclusively through private prosecution,
in accordance with article 110(2) of the Criminal Code “the criminal prosecution of the
matter shall depend on a request by the victim …”. The Committee notes this information
and understands that, while Ms Juana Erenia Penayo de Sanabria lodged a complaint with
the national police, she did not lodge a criminal complaint with the judicial authority.
Consequently, the Committee will not pursue its examination of this allegation.
The Committee’s recommendation
The Committee’s recommendation- 437. In the light of its foregoing conclusions, the Committee invites the
Governing Body to decide that this case does not call for further examination.
