Rapport définitif - Rapport No. 241, Novembre 1985

Cas no 1316 (Uruguay) - Date de la plainte: 01-DÉC. -84 - Clos

1. 85. On 26 August 1985, the Government sent information on Cases Nos. 1098, 1132, 1254, 1257, 1290, 1299 and 1316 concerning allegations of infringements of freedom of association presented by numerous workers' organisations. Its communication contained details of the steps taken since the Government assumed power on 1 March 1985 to halt the deterioration in the trade union situation in Uruguay and restore democracy. The Committee intends to examine all these cases, which relate to a trade union situation that arose under the regime that came to power as a result of the military takeover in 1973, in a single document.
2. 86. Uruguay 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. General statement by the Government

1. 87. In its letter of 26 August 1985, the Government states that the process of institutionalising democracy, and therefore of remedying the trade union situation, began on 1 March 1985. It recalls that it sent a representative to the May 1985 meeting of the Committee on Freedom of Association to explain what was happening and that a government representative informed the Governing Body of the ILO that a democratic Uruguay had now returned to the Organisation which was aware of its responsibilities and prepared to respect its commitments. The Government goes on to supply details of the various cases before the Committee.

B. The complaints

• Cases Nos. 1098 and 1132
  88. 88 The complaints still pending concern the alleged arrest of trade unionists Luís Washington Rodríguez Belleti of the sugarworkers' union and Rubén Bello of the portworkers' union. At its May 1985 meeting, the Committee noted the information communicated by the Government in March 1985 to the effect that one of the trade unionists cited by the complainants was in hiding and that another had not been released after the declaration of an amnesty. The Committee requested the Government to indicate the grounds for the sentences passed on these two trade union leaders. (See 239th Report, para. 209, approved by the Governing Body at its 230th Session (May-June 1985).)
  89. 89 The Government has replied that the trade unionists referred to have been released, that no charge has been brought against them, that they have not been sentenced and that no legal proceedings have been initiated.
• Cases Nos. 1254, 1257, 1299 and 1316
  90. 90 The complaints presented under these cases refer to the dismissal of public servants and teachers for trade union reasons and the questioning at police headquarters of members of the Co-ordinating Committee for the Teaching Profession in connection with a public meeting in February 1984 (Case No. 1254), to the arrest of union members and the dissolution of the Inter-Union Workers' Assembly (PIT) (Case No. 1257), to the excessive restrictions on the right to strike imposed in 1984 by the law on strikes and the decree made under it (Case No. 1299) and to the Government's withdrawal of the credentials of the Workers' delegation of Uruguay to the First Session of the Food and Drink Industries Committee held at the ILO in Geneva on 5 December 1984 (Case No. 1316).
  91. 91 The Government recalls that these complaints arose out of the earlier situation to which it refers in its general statement, namely the refusal to constitute a tripartite delegation and the law on trade unions that was in force at the time. It points out that Act No. 15738 of 13 March 1985, of which it encloses a copy, repeals the so-called "Acts" Nos. 14248 (on the democratic oath), 15137 (on occupational associations), 15530 (on strikes) and 15587 (on trade union immunity) and the so-called "Fundamental Acts" Nos. 3 (on strikes by public servants), 5 and 6 (on stability of employment of state employees working under contract) and 7 (on the redeployment of public servants). The Government explains that, as a result of the repeal of this legislation, their juridical effects were annulled and that, consequently, international labour Conventions Nos. 87 and 98 are now fully applicable and may, if necessary, be cited in a court of law. Moreover, Decree No. 97/985 of 1 March 1985, of which the Government encloses a copy, revokes the resolutions adopted by the previous "de facto" Government, including the resolution dissolving the National Workers' Convention (CNT) and the Inter-Union Workers' Assembly (PIT), both of which were, according to the Government, immediately able to resume their trade union activities under perfectly normal conditions.
• Case No. 1290
  92. 92 This complaint concerns the alleged dismissal of trade unionists employed by the "Nicolás González" international freight transport undertaking. The Government had stated that one of the trade union leaders had been reinstated in his job following a conciliation meeting presided over by the administrative authority and, at its November 1984 meeting, the Committee had requested the Government to communicate the result of the administrative proceedings concerning the other union members. (See 236th Report, para. 390.)
  93. 93 The Government replies that the complainants have not re-presented their demands to the new administrative authorities and have not lodged any appeal with the competent courts.

C. The Committee's conclusions

1. 94. The Committee notes with satisfaction the information communicated by the Government on these cases and, specifically, the repeal of the earlier trade union legislation which was the subject of several complaints, the revoking of the resolutions dissolving the National Workers' Convention (CNT) and the Inter-Union Workers' Assembly (PIT) and the resumption by these two organisations of their trade union activities in Uruguay.
2. 95. The Committee trusts that the Government of Uruguay will soon institute a system of labour relations which has the support of the interested parties; it will be for the Committee of Experts on the Application of Conventions and Recommendations to examine subsequent developments.

The Committee's recommendations

1. 96. In these circumstances, the Committee recommends the Governing Body to approve the present report and, in particular, the following conclusions:
   • (a) The Committee notes with satisfaction that the earlier trade union legislation which was the subject of complaints by several workers' organisations has been repealed and that the National Workers' Convention and the Inter-union Workers' Assembly are now participating legally in the trade union life of the country.
   • (b) The Committee trusts that the Government will soon institute a system of labour relations which has the support of the parties concerned; it will be for the Committee of Experts on the Application of Conventions and Recommendations to examine subsequent developments in the trade union situation.