Rapport intérimaire - Rapport No. 160, Mars 1977

Cas no 842 (Argentine) - Date de la plainte: 25-MARS -76 - Clos

1. 394. The complaint of the World Federation of Trade Unions was contained in a communication dated 25 March 1976. The WFTU, in further communications, dated 28 April and 25 June 1976, submitted additional information and allegations in connection with the complaint. The complaint of the World Confederation of Labour was contained in a communication dated 1 June 1976. In further communications, dated 21 June and 20 October June 1976, the WCL submitted additional information and allegations in connection with the complaint.
2. 395. In a communication dated 27 May 1976 the National Confederation of Workers of Peru and a number of other trade union organisations in Peru submitted, in accordance with article 24 of the Constitution of the International Labour Organisation, a representation that Argentina was failing to secure the effective observance of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Argentina. The Committee examined this complaint in accordance with a decision taken previously by the Governing Body in a similar situation where a representation made under article 24 related to matters concerning freedom of association.
3. 396. The above-mentioned complaints, additional information and allegations, and the representation referred to in the preceding paragraph were duly transmitted to the Government for observations in accordance with the usual procedure applicable in connection with complaints of alleged infringements of trade union rights.
4. 397. The Government, in a communication dated 20 May 1976, transmitted certain observations in reply to some of the allegations made against it. Further observations and information were transmitted by the Government in three communications dated 20 and 22 October and 9 November 1976.
5. 398. Argentina 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. A. The complainants' allegations

• Allegations of the complainants
  399. 399 In its communication of 25 March 1976 the WFTU claimed that the military authorities had intervened and taken over the General Confederation of Labour, suspended all trade union activities and frozen the assets of trade unions. The WFTU added that the headquarters of the Union of Metalworkers in Buenos Aires had been broken into by the military and a number of trade unionists, including the Secretary-General of that union, Mr. Lorenzo Miguel, arrested.
  400. 400 In its further communication dated 28 April 1976, the WFTU again referred to the suspension of trade union activity and the takeover by the military of the General Confederation of Labour, as well as of the so-called 62 trade union organisations. According to the WFTU, the right to strike had also been suspended and trade unionists no longer enjoyed special protection ("fuero sindical"). More than 20 other trade unions had also been placed under military control.
  401. 401 Numerous trade union leaders and militants had been arrested, continued the WFTU. In addition to Lorenzo Miguel (paragraph 399 above), the WFTU stated that the Secretary-General of the General Confederation of Labour local at Catamara had been arrested, as was the Secretary-General of the 62 dissolved organisations, Mr. Manuel Isaure Molina. The following trade union leaders, according to the WFTU, were also arrested: Abel Omar Cuchetti, leader of the telegraphic workers, Jorge Triacca, leader of the Union of Plastic Workers and former member of the Committee of the General Confederation of Labour, Maximiano Castillo, former Secretary-General of the Union of Glass Workers and Financial Secretary of the General Confederation of Labour, Miguel Angel Davico, member of the Executive Committee of the National Federation of Municipal Workers, Rodolfo Ponce, Secretary-General of the Union of Granary Workers, Esteban Rolando, leader of the Union of Railway workers.
  402. 402 The WFTU added that, in the city of Córdoba, 17 workers of a metal factory were arrested after being accused of breaking the law, promulgated by the military junta, suspending the right to strike. In addition, a number of trade union leaders had been arrested and special councils of war had condemned them to long prison sentences for incitement to rebellion or possession of arms or explosives. One of these special councils of war had condemned Carlos Arturo Mendoza to nine years and six months imprisonment. This person was leader of the 62 organisations in the Province of Mendoza. In Comodoro Rivadavia, sentences of three to ten years' imprisonment were passed on Hugo César Glez, Ricardo Cándido Alfonso and Jeronomo Fuentes, all of the Union of Bakery Workers, and Daniel Vaiga and Héctor Gaspar, of the Textile Workers' Union.
  403. 403 The WFTU stated that information had been received indicating that more than a thousand trade union representatives had been interrogated and detained by the military since 24 March 1976.
  404. 404 In a further communication dated 25 June 1976, the WFTU alleged that Juán Vasquez, leader of the Union of Railway workers and a director of the Centre of Trade Union and Social Studies of Argentina, had been arrested in Buenos Aires. This person, stated the WFTU, was being held incommunicado and, despite efforts made by his lawyers and his family, they had been unable to obtain information as regards his whereabouts. The WFTU added that there were fears for his life.
  405. 405 In its complaint dated 9 April 1976, the World Confederation of Labour (WCL) alleged that repressive measures had been taken by the military authorities against the workers and their organisations. The WCL demanded the liberation of all arrested trade unionists and the restoration of freedom of association. In its further communication dated 1 June 1976, the WCL referred to the arrest of numerous trade union leaders without any charges being brought against them. They were being held, added the WCL, in various prisons and on three boats on the River Plate.
  406. 406 According to the WCL the following trade unionists were amongst those under arrest: Adalberto Wimer and Alberto Campos of the General Confederation of Labour; Lorenzo Miguel, Secretary-General of the Union of Metalworkers; Julia Guillan and Alberto Ruggero of the Union of Telephone Workers; Abel Cuchetti of the Union of Radio and Telegraphic Workers; Amilcar González of the Press Federation; Francisco Esguerra, Miguel Unamuno and Aleis Rovella of the Union of Bank Employees; Alfredo Moreyra of the Ceramic Workers' Union.
  407. 407 The WCL claimed that the military authorities had also placed under control more than 20 organisations of workers in the metal, textile, bank, press, maritime, light and power and ceramics industries. Apart from wages being frozen, all trade union activity had been suspended, including collective bargaining, and strikes were prohibited. In addition, companies were taking reprisals against the workers.
  408. 408 The WCL, in a further communication dated 21 June 1976, specified that article 1 of Law No. 21.261, suppressed the right to strike indefinitely and provided penalties of imprisonment for anyone inciting to or instigating a strike. Under this provision, 17 workers had been arrested and tried on 7 April 1976 at the Ploghi SRL Company in Córdoba. Also in Córdoba, a number of automobile workers had been arrested by virtue of this provision. Another example was that of the General Motors Company in Barracas, where a trade union delegate and two repair workers had been arrested. As regards the suspension of negotiating rights, the WCL claimed that the Minister for Economic Affairs had stated that there would no longer be automatic or periodic increases in wages but that it would be for the State to determine, at given periods, what increases should be awarded to workers.
  409. 409 In its communication of 20 October, the WCL expressed its concern at the deterioration in the situation in Argentina and formally denounced the serious violations of trade union rights in that country which were a denial of basic ILO principles. The WCL alleged that trade union militant leaders were being detained indefinitely without being charged. There were also kidnappings, torture and disappearances of trade unionists. For six months, continues the WCL, the Government had continued to take over numerous GCL unions and to suppress the advantages gained by the workers. Social conditions had deteriorated following the prohibition of the exercise of trade union activities, collective bargaining and the right to strike, and the situation for the workers was desperate. As a result, there were serious sectoral conflicts in the energy, automobile, metal, telephone and other industries and fresh reprisals against workers in those industries.
  410. 410 In their representation, submitted under article 24 of the Constitution of the International Labour Organisation, the National Confederation of Workers of Peru and a number of other Peruvian workers' organisations alleged that the Freedom of Association and Protection of the Right to organise Convention, 1948 (No. 87), was being violated in Argentina. There had been as many as 3,000 arrests of trade unionists, against most of whom no charges had been brought. There were many whose homes had been searched and many held incommunicado. Others who had been subjected to undignified, summary proceedings, and without any right of defence, had been given long prison sentences based on accusations which were unfounded. Numerous trade unionists had been seized at their homes by men wearing hoods - said to be police or military - and cruelly executed on the spot. Others had disappeared. The Secretary-General of the General Confederation of Labour, Casildo Herreras, had also been persecuted and had sought political asylum.
• Replies of the Government
  411. 411 On 20 May 1976 the Government transmitted a communication in which it explained that the armed forces had assumed power with the aim of ensuring the full observance of the principles of justice and full respect for human rights and human dignity. The action of the armed forces, stated the Government, was not directed against any particular sector of the community but against those who had infringed the law or who had committed abuses of power. The Government was carrying out a reorganisation of the nation with a view to ensuring closer relations between the State, capital and labour, employers and trade unions. It was essential, continued the Government, for unions to limit their activities to the defence of the interests of their members and not intrude into matters which went beyond their competence.
  412. 412 The first step in this process, continued the Government, was to rid the trade unions of corruption, subversion and disorder. Accordingly, trade union activity - except for internal administration and social activities - had been suspended. Properly elected trade unionists could act as such in the defence of individual rights. There had not been a total abnegation of trade union activity, added the Government, but emergency measures had been taken in order to deal effectively with a situation in which true trade union principles had deteriorated. The circumstances had rendered necessary the taking over of a number of trade union organisations. There had been an urgent need to regularise the situation in some unions and the Government had placed 28 unions under control out of a total of 1,368 throughout the country.
  413. 413 The Government pointed out that, in the reorganisation process, a critical situation faced the armed forces. Trade union leaders had been controlling their funds and assets as they wished, thus provoking an increasing cleavage between the genuine interests of the workers and their own personal interests. Acts of a criminal nature, too, had been committed. These trade union leaders had accordingly been arrested and their conduct was being investigated. In appropriate cases, sentences would be passed on them in accordance with the Penal Code. Thus, the true situation as regards these persons would be brought to light.
  414. 414 The armed forces, continued the Government, had commenced a new and historic period which would result in a just and equitable society for the workers. It was important to continue with the process of reorganisation and to restructure the leadership of the trade union movement with the abject of establishing a united movement which was capable of serving the best interests of the nation.
  415. 415 To this end, stated the Government, the laws had been revised not only to permit the workers to defend their inalienable rights but also to enable them to reap the corresponding benefits in the economic and social fields. Evidence of this was the amendment, brought into force by Act No. 21.297, to the Contract of Labour Law, and the study which was being undertaken of Act No. 20.615, concerning occupational associations, and of other laws.
  416. 416 The full exercise of internal democracy, stated the Government, would make possible a return to full trade union activity. This would, however, require the normalisation of the functioning of trade unions and the regulation of the higher echelons of the trade union movement.
  417. 417 The Government concluded by stating that it would obtain additional information in connection with the complaints and would keep the Committee informed.
  418. 418 In its communication dated 20 October 1976, the Government referred to the complaint presented by the WFTU and stated that it had no information in connection with the alleged arrest of Juán Vasquez.
  419. 419 The Government, in its further communication of 22 October 1976, first refers to the complaint presented by the WCL and specifically to the trade union leaders alleged to have been, detained. The Government points out that some of these persons have in fact been detained, and that similar measures have been taken against all persons, whether they are trade unionists or not, whose actions have been considered to be illegal. Action has been taken, states the Government, against all such persons with the aim of removing the causes which led to the moral, political, economic and social chaos in which the country found itself on 23 March 1976.
  420. 420 In addition, continues the Government, in recent years anomalies existed in the Argentinian trade union movement which resulted in a complete disregard for the defence of occupational interests and an increasing gap between the wishes of the members and the activity of the trade union leaders. The absence of effective participation by the workers in their organisations and the discretion exercised by the leadership in trade union administration had an effect on normal trade union activity. It was therefore necessary to rectify this situation so that the workers might be able to rely on their organisations to effectively look after the defence of their interests as well as those of the country in general. For these reasons the Government ordered the taking over of the General Confederation of Labour.
  421. 421 Moreover, explains the Government, not more than 5 per cent of the total number of trade union organisations (viz. 1,373) were affected by these measures. It should also be pointed out, states the Government, that the officials nominated to take over the unions were carrying out this function along with a group of assessors, amongst whom were trade unionists. The question therefore is not one involving the dissolution of trade unions but rather one in which temporary emergency measures have been taken with the ultimate object of giving direction to and achieving normalcy in the unions concerned by means of procedures in which the true wishes of the workers affected by it are taken into account.
  422. 422 It should be clear, adds the Government, that the measures referred to affect only the leaders of certain unions; branches, affiliates and workers' delegates continue with the same leadership as in the past. The Government has had consultations with specialists on the subject, including the judicial authorities, employers and trade unionists, which is proof of the intention and of the method of working of the Government towards finding solutions to the problems involved, in particular towards bringing the law on occupational organisations into conformity with the standards contained in Convention No. 87, especially in those respects which the ILO supervisory bodies have pointed out as not coinciding with the principles contained in that Convention.
  423. 423 The Government adds that evidence of its real intention and the complete understanding of the trade union leadership in Argentina was the presence of the workers' delegation at the 61st Session of the International Labour Conference and the World Employment Conference in Geneva in June 1976; there was no question or any doubt as to its absolute representativity as a result of the consultations that had taken place regarding the membership of the delegation. Despite the fact that the GCL was taken over, continues the Government, seven branch Committees representing different branches of activity were set up from the start, and they elected their own representatives.
  424. 424 A constant and permanent dialogue is maintained with the workers, especially at the level of the General Confederation of Labour, between the leaders of this organisation and the trade union leadership. This is generally known, and information appears daily in the press concerning the meetings that take place to deal with, and find solutions to, the labour problems that beset the country. Measures were essential, continues the Government, to increase production and this, in turn, necessitated temporary restrictions being imposed on certain rights whose exercise might affect production, peace, security and internal order. For this reason, temporary measures were taken to suspend the powers of workers and employers alike, as well as their organisations.
  425. 425 The Government points out that there has never been such a serious situation in Argentina, inflation having risen to 566.3 per cent in the period from March 1975 to March 1976. The plan of action to solve the problems caused by the economic emergency included the taking of steps to eliminate the causes of the inflation. In this connection, the Government refers to the obligation to maintain or reduce prices, to the temporary suspension of the right to fix wages through collective bargaining and to special decrees by which wage increases and other benefits were fixed for may and August 1976. Collective agreements, however, adds the Government, which were regulated by Law No. 14.250, remain in force in other respects, e.g. conditions of work, etc.
  426. 426 As regards the application of penal sanctions under Law No. 21.261, the Government points out that the allegations made are erroneous. For example, it continues, the 17 workers of "Ploghi SRL" were released, there being no grounds for detaining them, and the proceedings against them were discontinued completely. These proceedings had been commenced on 8 April 1976 and were discontinued by an order of the competent judicial authorities on 11 April 1976. In fact, states the Government, the public prosecutor, on the instructions of the Minister of Justice, took legal proceedings against Mr. José Plomer and Mr. Angel A. Ghighiano, directors of the "Ploghi SRL" company.
  427. 427 According to the Government, all the measures taken are of an emergency and temporary nature. The Government is engaged in creating conditions of law and of fact in order to achieve a return to normal trade union activity.
  428. 428 The Government explains that persons who have been detained were so detained by virtue of the powers vested in the national Government under the state of emergency which was declared under article 23 of the Constitution. Individual rights and guarantees were suspended and the detention of persons and the placing of these at the disposal of the authorities was authorised. Having carried out investigations the authorities referred certain cases to the judicial authorities and other persons were released.
  429. 429 The Government cites as an example the case of Mr. Miguel Unamuno who, it states, was detained by the authorities and released on 18 July 1976. Later, he was charged with fraud by the official who had been appointed to take over the Union of Bank Employees. The case (No. 12.830) was dealt with by court No. 20, Secretariat No. 162, of the federal capital. On 20 August 1976 a sentence of preventive detention was passed and on 23 August he was released on bail of 400,000 pesos (1,600 US dollars). This decision was appealed against by the prosecutor but upheld, on 21 September 1976, by the Court of Criminal Appeal.
  430. 430 Similarly, continues the Government, Juán Francisco Esquerra and Aleis Rovella were charged with falsifying documents and fraudulent administration. Proceedings against them were commenced on 15 October 1976 and they were sentenced to preventive detention by judgment of Court No. 20, Secretariat No. 162 (Case No. 12.830). At the same time, their assets, up to a value of 2 million pesos, were sequestrated.
  431. 431 As regards the allegations presented by the WFTU, the Government again states that the measures to place trade unions under control were taken to normalise trade union activity and to re-establish true trade union leadership which was fully representative. The Government emphasises again that only high-ranking trade union officials were affected by these measures and that trade union branches or regional affiliates are carrying out their activities normally.
  432. 432 As regards the representation presented by the National Confederation of Workers of Peru and a number of other Peruvian organisations, the Government refers to the explanations it has given in connection with the other complaints. As for the allegation that Casildo Herreras has sought political asylum, the Government states that this decision was personal on his part and not in any way provoked by an act of the Government of Argentina.
  433. 433 By its communication of 9 November 1976, the Government stated that Alberto Ignacio Campos (see paragraph 406 above) had been freed on 5 November 1976. It added that it continues to examine the cases of detention and that the results will be communicated to the ILO immediately they are known.

B. B. The Committee's conclusions

• Conclusions of the Committee
  434. 434 The Committee notes that the complaints contain allegations of a particularly grave nature, involving the arrest and imprisonment of trade unionists, the taking over by the military authorities of a considerable number of trade unions and, in particular, the General Confederation of Labour, and the suspension of trade union activity in the country, including the suspension of collective bargaining and the right to strike. The Committee notes the explanations given by the Government with regard to the reasons which have led to the adoption of such measures.
  435. 435 In its preliminary reply the Government stated, in general terms, that following the taking over of power by the military authorities on 23 March 1976, a number of the trade unionists named in the complaints had been arrested and their cases were being investigated. The Government also acknowledged that the military authorities had, in fact, taken over some 28 trade union organisations and that trade union activities generally had been temporarily suspended.
  436. 436 As regards, in particular, the alleged arrest and detention of trade unionists, the Committee notes that the Government, in its later and more detailed reply, gives details concerning the cases of Miguel Unamuno, Francisco Esquerra and Aleis Rovella, all of the Union of Bank Employees. It appears from the information supplied by the Government that these persons were charged with fraudulent acts and sentences were passed on them by the ordinary courts. Following its usual practice, the Committee wishes the Government to transmit the texts of these sentences.
  437. 437 The Committee notes that the Government has supplied no information regarding the alleged arrest and detention of the greater number of those trade unionists specifically named by the complainants, apart from stating that some of these were, in fact, detained. As regards one of these, however, viz. Juán Vasquez (see paragraph 404 above), the Government states that it has no information regarding this person. Regarding the 17 workers of the "Ploghi SRL" undertaking in Cordoba, mentioned by the complainants as having been arrested, the Government has stated that these persons were arrested and released by the judicial authority shortly afterwards, no charges being brought against them.
  438. 438 In a general manner, the Committee would point out that the detention of trade unionists concerning whom no grounds for conviction are subsequently found is liable to involve restrictions of trade union rights, and that governments should take steps to ensure that the authorities concerned have instructions appropriate to eliminate the danger of detention for trade union activities.,
  439. 439 The Committee has also insisted upon the importance which should be attached to the principle that anyone who is arrested should be informed, at the time of his arrest, of the reasons for his arrest and should be promptly informed of the charges brought against him. In addition, the Committee has emphasised the importance that should be attached to the principle that all arrested persons should be subject to normal judicial procedure in accordance with the principles enshrined in the Universal Declaration of Human Rights, and in accordance with the principle that it is a fundamental right of the individual that a detained person should be brought without delay before the appropriate judge, this right being recognised in such instruments as the International Covenant on Civil and Political Rights, the American Declaration of the Rights and Duties of Man and the American Convention of Human Rights.
  440. 440 With regard to the taking over by the Government of the General Confederation of Labour and trade union organisations throughout the country, the Committee has considered in the past that while certain events of an exceptional kind in a country may have warranted intervention by the authorities, the taking over of a trade union must be temporary and aimed solely at permitting the organisation of free elections.
  441. 441 The Committee notes that the Government has emphasised in its reply to the complaints that the measures taken with regard to those unions which have been taken over are of a temporary nature and are designed to lead to a normalisation of the trade union movement in the country.
  442. 442 The complainants also refer to the general restrictions imposed on trade union activities. Decree No. 9 of 24 March 1976 provisionally suspends all occupational activities of workers' and employers' organisations, except as regards the internal administration of the organisations and their welfare activities. Act No. 21.356 of 22 July 1976 includes in the restrictions the election of trade union officers and the holding of meetings. Such meetings may only be held with the authorisation of the Minister for purposes related to the internal administration of the organisations and its welfare schemes. The Committee wishes to point out that these provisions severely restrict the right, guaranteed by Article 3 of Convention No. 87, of workers' and employers' organisations to organise their administration and activities and to formulate their programmes. In this respect the Committee notes, in particular, that according to the Government all the measures taken are of an emergency and temporary nature and that the Government has undertaken to create legal and factual conditions that will enable normal trade union activity to be resumed.
  443. 443 The Committee also notes the statement of the Government that the restriction on the right to collective bargaining and to strike are temporary measures and were necessary in view of the grave economic situation of the country. The Committee wishes to recall that a general prohibition of strikes is an important restriction of one of the essential means by which the workers and their organisations can promote and defend their occupational interests and therefore such a prohibition should be imposed exclusively as a transitory measure in a situation of acute national emergency. In a similar manner, the Committee has also considered that if, as part of its stabilisation policy, a government considers that wage rates cannot be settled freely through collective bargaining, such restriction should be imposed as an exceptional measure and only to the extent that it is necessary, without exceeding a reasonable period, and it should be accompanied by adequate safeguards to protect workers' living standards.

The Committee's recommendations

1. 444. In all these circumstances and with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) with regard to the taking over by the Government of the General Confederation of Labour and a number of other trade union organisations, and the general restrictions imposed on the activities of workers' and employers' organisations,
   • (i) to take note of the Government's explanations and statements, especially as regards the temporary and emergency nature of these measures and its intention to re-establish a normal trade union situation;
   • (ii) to draw the attention of the Government to the principles and considerations set forth in paragraphs 440, 442 and 443 and, in particular, to the right of these organisations to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes, as established in Article 3 of Convention No. 87, ratified by Argentina;
   • (iii) to request the Government to indicate the measures which it intends to take or has taken in this connection and to keep the Governing Body informed of any developments in the matter; and to draw the attention of the Committee of Experts on the Application of Conventions and Recommendations to this aspect of the case;
   • (b) with regard to the arrest and detention of trade unionists,
   • (i) to note that Alberto Ignacio Campos has been released;
   • (ii) to note that Miguel Unamuno, Francisco Esquerra and Aleis Rovella have been charged with fraudulent acts and to request the Government to transmit the texts of the judgments rendered by the courts concerning these persons;
   • (iii) to note that the 17 workers of the "Ploghi SRL" undertaking in Cordoba have been released, and to draw the attention of the Government to the principle mentioned in paragraph 438 with regard to the arrest of trade unionists against whom no grounds for conviction are subsequently found;
   • (iv) to request the Government to submit further and as precise information as possible concerning all the trade unionists named by the complainants as having been arrested (including Juán Vasquez), and to draw the attention of the Government to the principle mentioned in paragraph 439 that all arrested persons should be subject without delay to normal judicial procedure;
   • (c) to take note of this interim report, it being understood that the Committee will submit a further report when it has received the information requested above.