Rapport définitif - Rapport No. 291, Novembre 1993

Cas no 1654 (Paraguay) - Date de la plainte: 15-MAI -92 - Clos

1. 111. The complaint in this case appears in a communication from the Latin American Central of Workers (CLAT) dated 15 May 1992.
2. 112. Since it had not received the Government's observations on the allegations, the Committee had to postpone its examination of this case on two occasions. At its meeting of May 1993 the Committee drew the attention of the Government to the fact that in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body at its 184th Session (November 1971), it would present a report on the substance of the case at its next meeting, even if the information or observations requested from the Government had not been received in due time (see 287th Report, para. 13, approved by the Governing Body at its 256th Session (May 1993)). To date, no information has been received from the Government.
3. 113. Paraguay has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 114. In its communication of 15 May 1992, the Latin American Central of Workers (CLAT) alleges that following a change in the ownership of the Carlos Casado SA enterprise, 107 workers were dismissed for having participated in a strike in 1991, and that the above-mentioned enterprise infringed international labour Conventions and Recommendations concerning freedom of association and working conditions. Furthermore, the complainant states that in January 1992 Mr. Eduardo Ojeda (Secretary-General of the CNT-Paraguay) was detained for three days, without any justification.

B. The Committee's conclusions

1. 115. The Committee observes that the complaint concerns the alleged dismissal of 107 workers from the Carlos Casado SA enterprise following their participation in a strike in 1991 and the detention for three days of Mr. Eduardo Ojeda (Secretary-General of the CNT-Paraguay), without any justification. The Committee deeply deplores the lack of cooperation by the Government in the Committee's procedures, and in particular the fact that it has sent no information on the allegations made. Because of the time which has elapsed since the presentation of these complaints, the Committee is thus obliged to examine this case without being able to take into account the Government's observations on the allegations.
2. 116. The Committee reminds the Government that the purpose of the procedure is to promote respect for trade union rights both in law and in fact; thus the Committee is confident that if it protects governments against unreasonable accusations, governments on their side must recognize the importance for the protection of their good name of formulating, for objective examination, detailed factual replies to the allegations made against them (see First Report, para. 31, approved by the Governing Body in March 1952).
3. 117. As regards the alleged dismissal of 107 workers from the Carlos Casado SA enterprise as a result of their participation in a strike in 1991, the Committee regrets that it has not received the observations of the Government on this allegation and reminds the Government that the use of extremely serious measures, such as dismissal of workers for having participated in a strike and refusal to re-employ them, implies a serious risk of abuse and constitutes a violation of freedom of association (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 444).
4. 118. As regards the alleged detention for three days of Mr. Eduardo Ojeda (Secretary-General of the CNT-Paraguay) without any justification, and in the absence of the Government's observations on this allegation, the Committee must deeply deplore that this trade union official was deprived of his freedom for three days without having been accused of any offence. The Committee draws the attention of the Government to the principle that the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association (see Digest, 3rd edition, 1985, para. 88).

The Committee's recommendations

1. 119. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a)Deploring that the Government has not sent its observations on the dismissal of 107 workers from the Carlos Casado SA enterprise as a result of their participation in a strike in 1991, the Committee reminds the Government that the use of extremely serious measures, such as dismissal of workers for having participated in a strike and refusal to re-employ them, implies a serious risk of abuse and constitutes a violation of freedom of association.
   • (b)The Committee deeply deplores that Mr. Eduardo Ojeda (Secretary-General of the CNT-Paraguay) was detained for three days without having been accused of any offence, and in the absence of the Government's observations on this allegation, draws its attention to the principle that the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association.