Rapport intérimaire - Rapport No. 28, 1958

Cas no 143 (Espagne) - Date de la plainte: 15-AVR. -59 - Clos

1. 91. At its 18th Session (Geneva, October 1957) the Committee examined the complaints presented by the International Confederation of Free Trade Unions and the General Union of Spanish Workers in Exile, together with the observations presented by the Spanish Government in its communications dated 12 April, 16 May and 15 October 1957.
2. 92. In paragraph 187 of its 27th Report, the Committee made a number of recommendations to the Governing Body with respect to certain objections to its competence raised by the Government and with respect to the allegations made concerning the integration of trade union organisations in the machinery of the State, the imposition of penal sanctions in respect of attempts to organise trade union associations, the dissolution of trade union organisations in 1936-39, social detainees, agricultural trade unions, collective bargaining, the Decree of 26 October 1956 to amend the revised text of the Contracts of Employment Decree, the strike of April 1956 in Bilbao and the strike of April 1956 in Barcelona.
3. 93. The 27th Report of the Committee was approved by the Governing Body at its 137th Session (Geneva, October-November 1957). With respect to a number of the allegations referred to in paragraph 92 above, the Governing Body addressed various recommendations to the Spanish Government as set forth in paragraph 187, subparagraphs (b), (c), (d), (e), (g) and (h) of the Committee's 27th Report. In this connection, in paragraph 187 (d), the Governing Body, having noted the Government's statement that a Collective Agreements Bill was under consideration, expressed the hope that full account would be taken in the Bill of the principle that measures appropriate to national conditions should be taken to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements, and that the Bill would be enacted at an early date. The Governing Body requested the Government to be good enough to keep it informed of further developments in this connection.
4. 94. With respect to certain allegations relating to the detention of members and leaders of the General Workers' Union, the National Confederation of Workers and the Association of Basque Workers, the Committee presented an interim report. On the recommendation of the Committee the Governing Body decided to request the Government to state whether members or leaders of any of these three organisations are still held in penitentiaries or other places of detention.
5. 95. The Committee also presented an interim report with respect to allegations relating to the prohibition of strikes, and requested the Director-General to obtain further observations thereon from the Spanish Government.
6. 96. In a communication dated 22 February 1958, received by the Office on 24 February 1958, the Spanish Government forwarded certain observations on the recommendations of the Governing Body referred to above and on the points regarding which it had been requested to furnish information.
7. 97. The following analysis is confined to the allegations regarding which the Committee submitted an interim report to the Governing Body at its last session and to the replies of the Spanish Government with respect to those allegations

A. A. The complainants' allegations

• Allegations relating to the Detention of Members and Leaders of Certain Dissolved Trade Union Organisations
  98. 98 In its communication dated 13 August 1956 the International Confederation of Free Trade Unions alleges that, after the General Workers' Union, the National Confederation of Workers and the Association of Basque Workers had been declared illegal by decree in 1936, this decree being ratified by an Act of 9 February 1939, the leading members of these organisations were sentenced, some to death and others to terms of from 20 to 30 years' imprisonment.
• Allegations relating to the Prohibition of Strikes
  99. 99 In its communication dated 25 April 1957 the General Union of Spanish Workers in Exile alleges that striking in Spain constitutes a crime punishable by imprisonment for from six to 12 years. Responsibility for a strike is laid not only on those who participate in it but also on those whose records appear to justify it. In support of its allegations, the General Union of Spanish Workers in Exile produces a copy of a document emanating from the Duro-Felguera Metallurgical Company, which informs its workers of the fact that striking is a penal offence punishable by severe terms of imprisonment and by fine, and that the Criminal Procedure Act provides for the preventive imprisonment of persons guilty of this offence before trial. According to the same document, reduction in normal output entails for the workers concerned service in a disciplinary unit in Africa and termination of the contract of employment. In its communication dated 13 August 1956 the International Confederation of Free Trade Unions alleges that the Government does not recognise the right to strike and has recourse to repressive measures to break any movements in support of demands.
• ANALYSIS OF THE REPLY
  100. 100 In its communication dated 22 February 1958 the Government refers first of all to the findings of the Committee at its last session. It expresses regret that the Committee saw fit to take cognizance of allegations which it declares, as it did earlier, to be false and to consist of general criticisms of the Spanish trade union system. It also restates its attitude to the question of the receivability of the complaint of the General Union of Spanish Workers in Exile and maintains that attitude, although, to the regret of the Government, its views on this matter were not accepted by the Committee.
  101. 101 With respect to the Collective Agreements Bill concerning which the Governing Body requested information (see paragraph 93 above), the Government declares that the Bill came before the Cortes and a number of amendments were proposed. A Committee of the Cortes is now considering the matter and will submit a revised text to the Cortes. The Government has noted the wish of the Governing Body to be kept informed of developments.
• Allegations relating to the Detention of Members and Leaders of Certain Dissolved Trade Union Organisations
  102. 102 With respect to the Governing Body's request for information as to whether members or leaders of the General Workers' Union, the National Confederation of Workers or the Association of Basque Workers are still held in penitentiaries or other places of detention, the Government states that no member or leader of the said organisations is in prison or detention at the present time " either because of his membership of or leadership in the same or because of any other kind of trade union activity ".
• Allegations relating to the Prohibition of Strikes
  103. 103 In its communication dated 22 February 1958 the Government states that no governmental authority or organ posted notices as alleged and that its investigations do not reveal any similar action by the Company to which reference is made by the complainants. The Government repeats its previous statement that no proceedings were taken against or penalties imposed on anyone for participation in the strike at the Maria Luisa mine. In this communication, as in its earlier communications, the Government makes no reference to the allegations as to penalties which may be imposed under penal legislation on persons who engage in strikes.

B. B. The Committee's conclusions

1. 104. In the first place, the Committee recommends the Governing Body to take note of the Government's statement that the Collective Agreements Bill is now being considered by a Committee of the Cortes and that a revised text will be laid before the Cortes, to express the hope that the Government will bear in mind the importance which the Governing Body attaches to full account being taken in the Bill of the principle which it emphasised in paragraph 187 (d) of the Committee's 27th Report, and that the Bill will be enacted at an early date, and finally to request the Government to be good enough to keep the Governing Body informed of further developments in this connection.
   • Allegations relating to the Detention of Members and Leaders of Certain Dissolved Trade Union Organisations
2. 105. With respect to the allegations relating to the detention of members and leaders of the General Workers' Union, the National Confederation of Workers and the Association of Basque Workers, the Government states that no member or leader of the said organisations is in prison or detention at the present time " either because of his membership of or leadership in the same or because of any other kind of trade union activity ".
3. 106. It is not clear from the Government's reply whether it intends to indicate that no members or leaders of the three named trade union organisations are in prison or detention on any ground whatsoever or that no such persons are in prison or detention because of their trade union membership, leadership or activities (as distinct, for example, from high treason or other criminal offences). While recognising that charges in national courts on the ground of high treason or crimes of a similar nature fall outside the competence of the I.L.O, the Committee considers that the question whether the formulation of such a charge on the basis of facts and allegations involving the exercise of trade union rights is to be regarded as a matter relating to high treason or a similar crime or a matter relating to the exercise of trade union rights is not one which can be determined unilaterally by the Government concerned, in such a manner as to prevent the Governing Body from inquiring further into it. In the past, therefore, where allegations that trade union leaders or workers have been arrested for trade union activities or that their arrests or detention have unreasonably restricted the exercise of trade union rights have been met by governments with statements that the arrests were made for subversive activities, for reasons of national security or for common law crimes, the Committee has followed the rule that the governments concerned should be requested to furnish further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings. If in certain cases the Committee has concluded that allegations relating to the arrest or trial of trade unionists did not call for further examination, this has been after it has received information from the governments-in certain cases the information furnished by the texts of the relevant judgments showing sufficiently precisely and with sufficient detail that the arrests were in no way occasioned by trade union activities but solely by activities outside the trade union sphere which were either prejudicial to public order or of a political nature. In these cases, the governments concerned have co-operated with the Committee by furnishing it with the information necessary to enable it to formulate conclusions to the Governing Body, although in many cases it has been the view of the governments concerned that arrests and trials were occasioned by activities of such a subversive or treasonable character as to be totally unconnected with trade union activities.
4. 107. In these circumstances, the Committee recommends the Governing Body to request the Government to inform it whether any of the members or leaders of the General Workers' Union, the National Confederation of Workers or the Association of Basque Workers are still held in penitentiaries or other places of detention on any grounds ; if so, on what grounds, and, in the latter event, to inform the Governing Body as to the nature of the procedure according to which they were tried and the legal guarantees and safeguards afforded by such procedure and, as far as possible to furnish the texts of the judgments given.
   • Allegations relating to the Effects of the Prohibition of Strikes on Freedom Of Association
5. 108. Among the particular points with reference to which the Government was requested to furnish information, but to which it has made no reference, were the allegations that striking in Spain constitutes a crime punishable by imprisonment for from six to 12 years or by fine or preventive imprisonment under the Criminal Procedure Act, and that responsibility for a strike is laid not only on those who participate in it but also on those whose records appear to justify it. The Government's reply is confined to the allegation that notices were posted on the occasion of a mining strike drawing attention to certain of the penalties.
6. 109. In these circumstances, considering that in certain cases prohibitions of the right to strike affect the exercise of trade union rights, the Committee recommends the Governing Body to request the Government to be good enough to furnish information as to whether striking, in Spain, is a crime punishable by any of the penalties referred to in paragraph 108 above or by other penalties.

The Committee's recommendations

1. 110. In all the circumstances the Committee recommends the Governing Body:
   • (a) to note the Government's statement that the Collective Agreements Bill is now being considered by a Committee of the Cortes and that a revised text will be laid before the Cortes and:
   • (i) to draw the attention of the Government once again to the importance which the Governing Body attaches to the principles that measures appropriate to national conditions should be taken to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements ;
   • (ii) to express the hope that full account will be taken of the aforesaid principle in the Bill now under consideration and that such Bill will be enacted at an early date ;
   • (iii) to request the Government to be good enough to keep the Governing Body informed of further developments in this connection ;
   • (b) to request the Government to be good enough to inform the Governing Body whether members or leaders of the General Workers' Union, the National Confederation of Workers or the Association of Basque Workers are still held in penitentiaries or other places of detention on any grounds and, if so, on what grounds, and, in the latter event, to inform the Governing Body as to the nature of the procedure according to which they were tried and the legal guarantees and safeguards afforded by such procedure and as far as possible to furnish the texts of the judgments given ;
   • (c) to request the Government to be good enough to furnish information as to whether striking, in Spain, is a crime punishable by any of the penalties referred to in paragraph 108 above or by other penalties ;
   • (d) to take note of the present interim report of the Committee with respect to these matters, pending the receipt of the information requested above.