Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 275, Novembre 1990

Cas no 1341 (Paraguay) - Date de la plainte: 24-JUIN -85 - Clos

1. 110. The Committee has already examined this case on four occasions, the last being at its November 1988 meeting, when it presented an interim report. (See 259th Report, paras. 476-516, approved by the Governing Body at its 241st Session.) Since then the Government has not furnished any information or observations concerning this complaint. On the other hand, the International Confederation of Free Trade Unions (ICFTU) sent new allegations in a communication of 15 December 1988.
2. 111. 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

1. 112. The allegations which remained outstanding in this case related to the detention of trade union activists and leaders whose names are supplied by the complainants, to violent repression of peaceful trade union demonstrations, and to acts of interference and pressure exerted against trade union organisations and their leaders.
2. 113. In particular the complainants referred to the climate of violence and repression affecting the trade union movement in 1986, 1987 and 1988 in the hospital, banking, transport, press, teaching and agricultural sectors. The Government had partially responded to the various outstanding questions.
3. 114. Nevertheless, at its November 1988 Session, the Governing Body approved the following interim conclusions of the Committee:
   • (a) The Committee notes with interest that the Government has replied to certain allegations, but regrets that it has as yet supplied no observations on several of the serious allegations made against it by the complainants.
   • (b) Consequently, on the factual issues, the Committee once again requests the Government to state whether it is correct that members of the pro-Government party assaulted doctors and nurses on the hospital premises who were treating persons injured by the forces of order when a trade union demonstration was repressed on 3 May 1986, as affirmed by the ICFTU in a communication of 5 May 1986, and if so to state whether a judicial inquiry has been instituted following this repression to determine who is responsible.
   • (c) The Committee also requests the Government to reply to the ICFTU's allegations dated 3 April 1987 and 30 May 1988 respectively concerning the imprisonment in March 1987 of Raquel Aquino, a leader of secondary-school students, in the Pastor prison and the arrest, on 18 May 1988, of agricultural workers' leaders Marcelino Corazón Medina, Pedro Gamana, Carmelino Torales, Acadio Flores and Teodoro González. In particular, it requests the Government to state precisely on what grounds they were imprisoned, to furnish the text of the court judgements concerning them if they have been tried, and to specify whether these persons have since been released.
   • (d) The Committee requests the Government to keep it informed on the outcome of the appeal against dismissal lodged by the trade union leader Sebastián Rodríguez, former General Secretary of the Bus Drivers' Union (route No. 21) who is said to have been dismissed in 1986 for trade union reasons.
   • (e) On the legal issues, as regards the denial to public employees of the right to organise in trade unions and the restrictions on their freedom to negotiate their conditions of employment collectively, the Committee requests the Government to ensure the amendment of Act No. 200 in respect of the public service (sections 31 and 36) so as to include specific legislative provisions on the right to organise of public employees and to introduce machinery for the settlement of collective disputes in the public service in which the persons concerned will have confidence.
   • (f) As regards the ban on strikes by doctors and nurses employed in a public hospital, the Committee requests the Government to ensure the adoption of specific provisions to compensate, by introducing appropriate conciliation and arbitration procedures, for the fact that there is no right to strike in this essential service.
   • (g) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case regarding Conventions Nos. 87 and 98.
4. 115. Since then, the Government has furnished no reply on these various points.

B. New allegations

1. 116. On the other hand, in a telegram of 15 December 1988, the ICFTU reports the arrest of other trade union leaders identified by name: Ronal Orrego, Oscar Acosta, Edilberto Vargas, Gabriel Espinola, Celso Veazquez, Juan Galiano, Marina Arron, Juanita Arracela and Teresa Godoy.

C. The Committee's conclusions

1. 117. The Committee is aware of the fact that the violations of freedom of association in this case are alleged to have taken place between 1986 and 1988, under the former Government.
2. 118. Nevertheless, the Committee notes with regret that, in spite of the time which has elapsed since the last examination of this case, and in spite of the ILO's repeated requests addressed to the former Government and to the present Government for their comments concerning this complaint, no reply has been received.
3. 119. In these circumstances, and in accordance with the procedural rules (see paragraph 17 of the Committee's 127th Report, approved by the Governing Body at its 184th Session (November 1971)), the Committee must, as with Case No. 1510 which it examined in May-June 1990 (see 272nd Report, paras. 506 to 526), submit a report on the substance of the matter, even in the absence of information from the Government.
4. 120. The Committee reminds the Government once again that the purpose of the whole procedure set up in the ILO for the examination of allegations of violations of freedom of association is to promote respect for trade union rights in law and in fact. If the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance for their own reputation of formulating, so as to allow objective examination, detailed replies to the allegations brought against them (see First Report of the Committee, para. 31).
5. 121. As regards the substance of the case, the Committee notes that the Government has not refuted the allegations of the complainant confederations, and considers that, in these circumstances, the principles of freedom of association concerning the safety and freedom of trade unionists have not been respected.
6. 122. The Committee recalls that actions which can be attributed to a former government continue to engage the responsibility of a new government, and that any lack of diligence by a State to prevent violations of human rights and trade union rights is contrary to the Conventions on freedom of association ratified by a country.
7. 123. Consequently, the Committee again appeals to the present Government to ensure respect of freedom of association in law and in practice. In this regard, the Committee draws the Government's attention to the resolution concerning trade union rights and their relations with civil liberties, adopted by the International Labour Conference in 1970, particularly its statement that the absence of civil liberties makes the concept of trade union rights meaningless.

The Committee's recommendations

1. 124. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that, in spite of the time elapsed since the last examination of this case, the Government has not furnished any comments or observations on the serious allegations outstanding in this matter.
   • (b) The Committee recognises that the violations of freedom of association alleged in this complaint took place between 1986 and 1988 under the former government. Nevertheless, the Committee recalls that actions attributed to a former government continue to engage the responsibility of a new government.
   • (c) Consequently, the Committee appeals to the Government particularly to ensure respect of freedom of association in law and in practice.
   • (d) In particular, the Committee requests the Government to keep it informed of the outcome of all judicial inquiries which have may have taken place following the repression of a trade union demonstration at the Clinicas Hospital in May 1986. It also requests the Government to furnish information concerning the fate of several trade unionists who have been indentified by name by the complainant organisations, and arrested in 1987 and 1988, namely, Raquel Aquino, Marcelino Corazón Medina, Pedro Gamana, Carmelino Torales, Acadio Flores, Teodoro González, Ronal Orrego, Oscar Acosta, Edilberto Vargas, Gabriel Espinola, Celso Velazquez, Juan Galiano, Marina Arron, Juanita Arracela and Teresa Godoy.
   • (e) On the legal issues, the Committee again requests the Government to ensure the amendment of Act No. 200 regarding the Public Service so as to guarantee trade union rights and the right of collective bargaining to workers in the public health sector, as well as to take measures for the adoption of specific provisions to compensate the denial of the right to strike in public hospitals.
   • (f) The Committee again draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case, in the context of Conventions Nos. 87 and 98, which have been ratified by Paraguay.