Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 307, Juin 1997

Cas no 1864 (Paraguay) - Date de la plainte: 22-DÉC. -95 - Clos

Allegations: Detentions, assaults and threats against trade unionists due to strikes

1. 418. The complaint was submitted by a communication from the International Confederation of Free Trade Unions (ICFTU) dated 22 December 1995. The ICFTU sent new allegations in communications dated 1 April and 31 May 1996. The Government sent partial observations in a communication dated 24 April 1996.
2. 419. In the absence of information from the Government on most of the questions pending, the Committee had to postpone its examination of this case on two occasions. Furthermore, at its meeting in March 1997, the Committee drew the Government's attention to the fact that in accordance with the procedure established in paragraph 17 of its 127th Report, adopted by the Governing Body at its 184th Session (November 1971), it would present a report on the substance of this case at its next meeting, even if it had not received the information and observations requested in due time (see 306th Report, adopted by the Governing Body at its 268th Session (March 1997), para. 9). To date, full information has still not been received from the Government.
3. 420. 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. The complainant's allegations

1. 421. In its communication of 22 December 1995, the International Confederation of Free Trade Unions (ICFTU) alleges that on 15 August 1995, workers of the Trade Union of United Manual Workers of the Paraguayan Meat Exporting Enterprise (EXPCAR), with headquarters in the locality of Piquete Cué, launched a general strike concerning payment of the family bonus, overtime, night work, compulsory social insurance and the minimum legal wage. The strike was suspended by the workers on 24 August 1995 after an agreement was reached with the employer. However, on 25 September 1995 the strike was resumed for an indefinite period following the failure to implement the agreements reached. The ICFTU points out that the strikers took up positions at the plant and that on 10 October 1995 the strike was violently suppressed, resulting in the injury of several workers. Orders were issued for the arrest of 15 trade unionists, including the Secretary-General. On 24 October 1995 they were violently detained and sent to the National Penitentiary, and released on 16 November 1995. Furthermore, six female members of the trade union, who were on a hunger strike, were hospitalized on 24 November 1995 and had to receive intensive care due to the grave state of their health.
2. 422. The ICFTU furthermore alleges in its communication of 1 April 1996 that one day before the strike convened by the national trade unions central organizations for 28 March 1996, Mr. Gerónimo López Gómez, Secretary-General of the Paraguayan Confederation of Workers (CPT) was physically and verbally assaulted and threatened with a knife by a person named Arnaldo Rafael Acosta Getto and four other persons, who, acting on behalf of the Ministry of Justice and Labour, insulted and threatened him in the CPT headquarters. They warned that the strike of 28 March would be the last action carried out by the trade union since the Minister of Justice and Labour would take steps to dismantle the CPT.
3. 423. Finally, in its communication of 31 May 1996, the ICFTU alleges that following a national strike convened for 2 and 3 May 1996 by the Single Central Organization of Workers (CUT) - affiliated to the ICFTU - and the three other national trade union central organizations to protest against the economic policy of the Government of Paraguay, state security forces brutally suppressed a peaceful march by trade union leaders, peasants and students. The security forces detained around 100 persons, including Messrs. Alan Flores, President of the Single Central Organization of Workers (CUT) and Eduardo Ojeda, leader of the National Central Organization of Workers (CNT), who were savagely beaten by more than 15 police officers at the time of their arrest. They were subsequently released, after more than 12 hours of detention.

B. The Government's reply

1. 424. In its communication of 24 April 1996, the Government sent the documentation of the police and judicial authorities on the violent dispute which occurred between Messrs. Gerónimo López Gómez (Secretary-General of the Paraguayan Confederation of Workers (CPT)) and Arnaldo Rafael Acosta Getto (CPT secretary responsible for organization). According to this documentation, Mr. López Gómez prevented Mr. Acosta from entering the CPT premises when a meeting was being held to discuss aspects relating to the strike of 28 March 1996, resulting in an exchange of blows during which both persons concerned were injured. Both were arrested and subsequently released by the judicial authority.

C. The Committee's conclusions

1. 425. First of all, the Committee regrets that the Government has not furnished observations on most of the questions pending, despite the time which has elapsed since the complaint was presented and the fact that it was invited to make its comments and observations on various occasions, including by means of an urgent appeal.
2. 426. Under these circumstances, and in accordance with the applicable rule of procedure (see para. 17 of its 127th Report, approved by the Governing Body at its 184th Session (November 1971)), the Committee feels obliged to submit a report on the substance of this case without being able to take into account the information which it hoped to receive from the Government.
3. 427. The Committee reminds the Government that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, while these procedures protect governments against unreasonable accusations, governments for their part must recognize the importance of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward (see First Report, para. 31, approved by the Governing Body in March 1952).
4. 428. The Committee notes with concern that in this case the complainant alleges different acts of violence, detentions and threats against trade unionists due to strikes.
5. 429. As regards the alleged assault of and threats made against Mr. Gerónimo López, Secretary-General of the CPT, the Committee notes that according to the police and judicial documentation sent by the Government, these acts of aggression were due to the CPT secretary responsible for organization, who was prevented from entering the CPT premises during a discussion of certain aspects of the strike scheduled for 28 March 1996, resulting in injuries to both persons concerned. In this respect, the Committee recalls that it is not competent to examine questions concerning internal disputes within trade unions and concludes that this allegation does not call for further examination.
6. 430. As regards the alleged acts of repression in October 1995 against workers participating in the strike at the EXPCAR enterprise (several persons injured and the detention of 15 trade unionists, who were subsequently released three weeks later), the Committee underlines the long period during which the trade unionists were detained and requests the Government to confirm that there are no pending criminal charges against them.
7. 431. As concerns the assault and detention of hundreds of persons - including Alan Flores, President of the CUT, and Eduardo Ojeda, a CNT leader - for more than 12 hours, as a result of a protest march held during a strike in protest against the economic policy of the Government at the beginning of May 1996, the Committee deplores this use of violence and of massive detention but notes that the persons detained have now been released.
8. 432. In the absence of a reply from the Government concerning the allegations of attacks and detentions mentioned in the preceding paragraphs, the Committee can only regret these actions by the authorities and request that the Government take steps to ensure that the security forces refrain from measures of violence and detention against workers exercising their legitimate trade union activities, and open inquiries into the alleged acts of violence. In this respect, the Committee draws the Government's attention to the fact that the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and that it is for governments to ensure that this principle is respected (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, para. 47). The Committee also emphasizes that the detention of leaders of workers' and employers' organizations for activities in connection with the exercise of their right to organize and to strike is contrary to the principles of freedom of association and that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights (see Digest, op. cit., paras. 69 and 77).

The Committee's recommendations

1. 433. In the light of the foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that despite an urgent appeal, the Government has not sent its observations on the alleged acts of repression in October 1995 against workers participating in the strike at the EXPCAR enterprise (several persons injured and the detention of 15 trade unionists, who were subsequently released after three weeks) and the assault and detention of hundreds of persons - including Alan Flores, President of the CUT, and Eduardo Ojeda, a CNT leader - for more than 12 hours, following a protest strike against the economic policy of the Government at the beginning of May 1996.
   • (b) The Committee requests the Government to confirm that there are no criminal charges pending against the trade unionists of the EXPCAR enterprise.
   • (c) Noting that the various detained persons mentioned in the allegation have been released, the Committee, in deploring the alleged detentions and attacks, requests the Government to take steps to ensure that the security forces refrain from measures of violence and detention against workers exercising their legitimate trade union activities, and to open an investigation into the acts of violence mentioned in the allegations.