Rapport intérimaire - Rapport No. 139, 1974

Cas no 763 (Uruguay) - Date de la plainte: 03-JUIL.-73 - Clos

1. 532. The complaints and additional information submitted by the complainants are contained in five communications dated 3 July, 23 July, 24 July, 26 July and 4 September 1973 from the World Federation of Trade Unions; two communications from the world Confederation of Labour dated 31 July and 6 September 1973; one communication from the Trade Unions International of Workers of the Building, Wood and Building Materials Industries dated 8 August 1973; one communication from the Trade Unions International of Chemical, oil and Allied Workers dated 6 September 1973; two communications from the Medical Association of Uruguay addressed on 25 July 1973 to the United Nations and transmitted by the latter to the ILO; this complaint is supported by the World Medical Association in two communications of 14 and 20 August 1973. The World Federation of Teachers' Unions sent its complaint in a communication dated 3 October 1973.
2. 533. In view of the allegations formulated by the World Federation of Trade Unions in its first two communications the complaint was transmitted in two letters and one telegram indicating that this was a case considered urgent in accordance with the procedure in force. All the other complaints were submitted to the Government as they were received so that the Government might send its observations as rapidly as possible.
3. 534. No reply has been received from the Government to date.
4. 535. Uruguay 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. A. The complainants' allegations

• Allegations relating to the Detention of Trade Union Leaders
  536. 536 In its communication of 3 July 1973 the World Federation of Trade Unions denounces the detention of a number of trade union leaders.
  537. 537 Submitting additional information in its communication of 23 July 1973, the World Federation of Trade Unions reports the arrest of Antonio Tamayo, leader of the National Workers' Convention (CNT) and representative of Uruguayan workers at the 58th Session of the International Labour Conference. Antonio Tamayo is alleged to have been arrested on his return from the Conference on 18 July 1973 at Montevideo airport.
  538. 538 In its letter of 24 July the World Federation of Trade Unions reports the arrest on 30 June 1973 of some 100 trade unionists at the headquarters of the CNT. It also declares that the President of the CNT, José d'Elia, and its Vice-President, Vladimir Turiansky, as well as 60 trade union leaders are sought by the Uruguayan police. On 3 July 1973 the Government commandeered 9,000 bank employees, who were placed in barracks and taken under military escort to their places of work. In all, according to the World Federation of Trade Unions, 1,500 workers have been arrested and are threatened with trial by military courts for having taken part in a strike organised by the CNT. They include Antonio Tamayo and Félix Diaz.
  539. 539 In its communication of 26 July 1973 the World Federation of Trade unions indicates that among the 60 wanted leaders is Enrique Pastorino, President of the World Federation of Trade Unions. The WFTU emphatically protests especially since, according to it, Enrique Pastorino was outside the country at the time at which the events occurred.
  540. 540 In its communication of 31 July 1973 the World Confederation of Labour files a complaint against the Government because of arrests and repressive measures exercised against trade union leaders and workers in general.
  541. 541 The Trade Union International of Workers in the Building, Wood and Building Materials Industries in a complaint filed on 8 August 1973 reports the arrest of Mario Acosta, Secretary-General of the Building Workers' Federation and Vice-President of the above-mentioned international.
  542. 542 In its communication of 4 September 1973 the world Federation of Trade Unions sets out a list of 42 trade union leaders detained and 44 freed within the week of 20 to 26 August.
  543. 543 The World Confederation of Labour in its letter of 6 September 1973 gives the names of 27 arrested persons (a list which it terms partial) and indicates that these detained persons are held completely incommunicado and subjected to torture.
  544. 544 The Trade Unions International of chemical, oil and Allied Workers reports in its communication of 6 September 1973 that Daniel Baldassari, its vice-President and Secretary-General of the Petroleum Workers' Federation, is among those arrested.
  545. 545 In its communication dated 25 July 1973 the Medical Association of Uruguay reports the arrest of some of its leaders: Dr. Manuel Liberoff, Treasurer of the Association, Juan J. Ormaechea, Nestor Figari, Alberto Cassamayou, Sergio Assangri and Carlos Buscato. According to the complainant the persons mentioned above were arrested for applying the decision of the General Assembly of their Association to treat any and every person in case of emergency.
  546. 546 In its communication of 3 October 1973 the World Federation of Teachers' Unions indicates that Victor Brindisi, Secretary-General of the Teachers' Federation, leader of the CNT and regional delegate of the Confederation of Latin American Teachers, has been dismissed and arrested.
  547. 547 The Committee has noted these various allegations with concern and wishes to recall that it should be the policy of every government to ensure observance of the rights of man and, especially, of the right of all detained or accused persons to receive a fair trial at the earliest possible moment. The safeguards of normal judicial procedure should not only be embodied in the law, but also applied in practice. The Committee has emphasised the importance which it has attached to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions.
  548. 548 In the case of such allegations the question which arises is that of knowing whether the trade union leaders mentioned in the complaints have really been subjected to repressive measures and, if so, whether these measures were occasioned by trade union activities. The Committee has pointed out that where persons have been sentenced on grounds having no relation to trade union rights the matter falls outside its competence, but it has emphasised that the question whether such a matter is one relating to a criminal offence or to the exercise of trade union rights is not one which can be determined unilaterally by the government concerned. If in certain cases the Committee has reached the conclusion that allegations relating to measures taken against trade unionists did not call for further examination, this was only after it had received information from the Government showing sufficiently precisely and with sufficient detail that the measures 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 such cases the Committee, taking the view that individuals have the right to be presumed innocent until found guilty, has considered that it was incumbent upon the Government to show that the measures it had taken were in no way occasioned by the trade union activities of the individual concerned.
• Allegations relating to the Dissolution of the National Workers' Convention
  549. 549 In their respective communications the WFTU, the WFL and the Trade Onions International of Workers of the Building, Wood and Building Materials Industries denounce the dissolution by decree of the National workers' Convention.
  550. 550 The decree of dissolution appeared on 30 June 1973 and gives as a reason for this measure the attitude of the leaders of the CNT aimed at promoting and excusing violence, inciting the workers to occupy their places of work, and preventing the normal operation of public services and the supply of essentials to the population. According to the decree the leaders thus attempted to use the trade union organisations for ends not related to those which justified their existence.
  551. 551 In connection with this type of allegation, the Committee wishes to recall that it has always emphasised the importance which it attaches to the principle consecrated explicitly in Article 4 of Convention No. 87, ratified by Uruguay, according to which employers' and workers' organisations should not be subject to suspension or dissolution by administrative authority. Dissolution by the executive branch of the Government acting in the exercise of legislative functions, like dissolution by administrative authority, does not ensure the right of defence that normal judicial procedure alone can guarantee, to which the Committee continues to attach the greatest importance.

The Committee's recommendations

1. 552. In these circumstances and for the case as a whole the Committee recommends to the Governing Body:
   • (a) to express its concern at the allegations in the various complaints, with respect to which it regrets not having received the Government's reply in spite of a considerable lapse of time;
   • (b) to request the Government to be kind enough to send its comments on the various allegations made against it as quickly as possible;
   • (c) without coming to a decision on the substance of the allegations at the present time, to draw the attention of the Government to the principles set out in paragraphs 547, 548 and 551 above and in particular
   • (i) to the importance which it attaches to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions;
   • (ii) to the importance which it attaches to the principle consecrated explicitly in Article 4 of Convention No. 87, which Uruguay has ratified, according to which employers' and workers' organisations should not be subject to suspension or dissolution by administrative authority;
   • (d) to take note of the present interim report, it being understood that the Committee will submit a new report to the Governing Body when it has received the information requested from the Government.