Observations ou observations partielles reçues des gouvernements - Rapport No. 325, Juin 2001

Cas no 2086 (Paraguay) - Date de la plainte: 31-MAI -00 - Clos

Allegations: Anti-union dismissals and transfers; physical assault of, and criminal proceedings against a union leader

1. 814. The complaint is contained in a communication dated 31 May 2000 from the Workers' Union of the Ministry of Public Health and Social Welfare (SITRAMIS) and the Trade Union Confederation of State Employees of Paraguay (CESITEP). CESITEP sent further information in a communication dated 12 October 2000. The Government sent its observations in a communication dated 13 October 2000.
2. 815. 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 complainants' allegations

1. 816. In the communications of 31 May and 12 October 2000, the Workers' Union of the Ministry of Public Health and Social Welfare (SITRAMIS) and the Trade Union Confederation of State Employees of Paraguay (CESITEP) stated that a general strike was called for 4 May 2000 by the Trade Union Confederation of State Employees of Paraguay (CESITEP), the Single Confederation of Workers (CUT), the General Confederation of Workers (CGT), and the Paraguayan Confederation of Workers (CPT), in response to the following: (a) the fulfilment of the agreement signed by the Government within the framework of social dialogue; (b) the participation of trade unions in the reform process of the State; (c) the withdrawal of Congress from the privatization plan for public bodies; (d) the regulation and payment of medical insurance to civil servants and the fulfilment of Decree No. 6388/99; (e) the payment of the family bonus; (f) the depoliticization of the Ministries of Public Health and Social Welfare and of Education and Culture; (g) the fulfilment of the labour laws; (h) the rapidity of labour cases brought before the court and the resolution of cases taking into account the standards of the ILO; and (i) the end of union persecution. The complainant organizations indicate that in reaction to the proposed strike the Ministry of Public Health and Social Welfare carried out a persistent, stubborn, unjustified and immoral persecution of a number of civil servants who were active union members, including Mr. Christian Weiler, the Secretary-General of the Workers' Union of LACIMET and Ms. Marcia Rivas de Gómez, who were transferred, and Ms. Florinda Insaurralde, who was dismissed, solely on the basis of their involvement in the labour claims and their defence of the rights of other colleagues.
2. 817. The complainant organizations state that the strike was temporarily called off when the Government promised to look into the claims of the trade unions. However, the Minister of Public Health and Social Welfare arranged for the arbitrary transfer of the Chairperson of the Decentralized Council of SITRAMIS of Itapúa, Ms. Marcia Rivas de Gómez, from the city of Encarnación to the small community of San Juan del Paraná. In response to this, a day of protest in front of the regional hospital of the city of Encarnación was planned for 12 May 2000 where an incident took place between the police and the civil servants who were protesting peacefully, wherein the police attacked Dr. Reinaldo Barreto Medina, the Chairperson of SITRAMIS and CESITEP, who was detained.
3. 818. The complainant organizations state that the prosecutors involved brought a suit of "alleged punishable offence against the public administration" (resisting the authorities) against Dr. Reinaldo Barreto Medina, under which he was detained. This detention order was reversed by the court, and Dr. Barreto Medina was released through lack of evidence. CESITEP attaches a copy of the records of the case during which it appears that the Ministry of Public Health and Social Welfare and Dr. Reinaldo Barreto Medina agreed, within the framework of the trial, to request conditional suspension of proceedings based on the fact that the accused agreed to provide dental services at a hospital every Saturday morning for one year. The judge ruled to accept the agreed request.

B. The Government's reply

1. 819. In its communication of 13 October 2000, the Government states that the alleged transfer of Mr. Christian Weiler, was ordered (temporary transferral) under Resolution D.G.R.H. No. 1208 of 12 July 1999 by Health Centre Central Laboratory No. 8, in the XVIII Sanitary Region. This transfer took place as part of the reorganization of the Ministry, which, owing to a budgetary shortfall for that year, was forced to redistribute human resources in order to carry out changes in the new administration and to reorganize services. As Mr. Weiler was an experienced civil servant, particularly in the area of national resources, he was sent to Health Centre No. 8 to organize the area and thus implement such services and take inventory of the institution. Subsequently, Mr. Weiler turned up at Health Centre No. 8 only once to work and then did not appear in the workplace again. An administrative inquiry was initiated and copies of the institution's timesheets showed absence from work and therefore presumed abandonment of his post. Following the conclusions of the administrative inquiry, Mr. Weiler was dismissed from his post by Decree No. 7332 of 31 January 2000. The Government emphasizes that according to the report of the chief of the section on collective relations and union membership, to be found in the records of the case, Mr. Weiler did not have union protection.
2. 820. As regards Ms. Florinda Insaurralde, the Government states that she was disciplined by dismissal under Decree No. 7081 of 10 January 2000 as the result of an administrative inquiry begun in July 1999 in which she was accused of problems in her working relationships with her superiors and work colleagues (interfering in duties other than her own, using the telephone at work for personal matters, threatening her work colleagues, etc.).
3. 821. As regards Ms. Marcia Rivas de Gómez, the Government states that she was transferred to the Health Centre in San Juan del Paraná, two kilometres from her home, on 12 May 2000 as part of a national immunization day. Taking into account this event, the management of the VII Sanitary Region asked for the transfer of Ms. Marcia Rivas de Gómez from the regional hospital of Encarnación to the Health Centre in San Juan del Paraná, belonging to the same Sanitary Region, until 31 May 2000. This transfer was ordered under Resolution D.G.R.H. No. 1154 of 12 May 2000, taking into account article 2 in fine of Resolution S.G. No. 159, Decree No. 21376 that authorizes the Ministry of Public Health and Social Welfare to exercise general administration of the institution and be responsible for human resources, and article 32, subsection (E), of Law No. 200/70 "The Civil Servant's Statute". Furthermore, the sanitary region of Itapúa had asked for Ms. Marcia Rivas de Gómez to be transferred to San Juan del Paraná as it was impossible to recruit people to conduct the national immunization day because of lack of funds for contracts and, due to this, a lack of human resources. Furthermore, the Government indicates that the size of the sanitary region of Itapúa, where there are a number of health centres and clinics that lack the human resources to achieve a 100 per cent rate of immunization, should be taken into account.
4. 822. As regards the assault and detention of Mr. Reinaldo Barreto Medina, Chairperson of CESITEP, the Government indicates that according to the police this union leader physically attacked the chief police superintendent, Rogelio Benítez Nuñez (chief of public order and security), for which he was temporarily detained, for an alleged punishable offence against public administration, as laid down in article 296, subsection 1, of the Penal Code. Mr. Barreto Medina was released under A.I. No. 224 of 12 May 2000 by the judge of the criminal court of the third judicial district of Paraguay.

C. The Committee's conclusions

1. 823. The Committee notes that in the present case, the complainant organizations have alleged that following a call to strike for 4 May 2000, the authorities of the Ministry of Public Health and Social Welfare started an anti-union persecution of civil servants who were active union members, transferring Mr. Christian Weiler, Secretary-General of the Workers' Union of LACIMET and Vice-President of SITRAMIS, Ms. Marcia Rivas de Gómez, Chairperson of the Decentralized Council of SITRAMIS of Itapúa, and dismissing Ms. Florinda Insaurralde. The Committee also notes that the complainant organizations have alleged physical assault, detention and prosecution of Mr. Reinaldo Barreto Medina, Chairperson of SITRAMIS, during a protest carried out on 12 May 2000.
2. 824. As regards the transfer of Mr. Christian Weiler, Secretary-General of the Workers' Union of LACIMET and Vice-President of SITRAMIS, the Committee notes that the Government has indicated that: (1) Mr. Weiler was sent (temporary transfer) to the Health Centre Central Laboratory No. 8 on 12 July 1999; (2) his transfer took place within the framework of the reorganization of the Ministry as a result of a budgetary shortfall and with the aim of reorganizing services; (3) Mr. Weiler turned up only once to work at the Health Centre No. 8 and an administrative inquiry was initiated, which indicated his non-appearance and his abandonment of his duties; and (4) Mr. Weiler was dismissed from his duties under a resolution made in January 2000 following the conclusion of the case. In this respect, the Committee notes that although the transfer in question occurred long before the conflict reported in this case, Mr. Weiler held two union positions and the Committee does not exclude the fact that the transfer in question might have affected his ability to carry out his activities as a leader. In these circumstances, the Committee emphasizes that "one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures. This protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee has considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers' organizations shall have the right to elect their representatives in full freedom." [See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paragraph 724]. The Committee requests the Government to ensure that this principle is respected.
3. 825. As regards the transfer of Ms. Marcia Rivas de Gómez, Chairperson of the Decentralized Council of SITRAMIS of Itapúa, the Committee notes that the versions presented by the complainant organizations and by the Government are contradictory. The complainant organizations indicate that the transfer was an act of anti-union persecution following the call to strike on 4 May 2000; the Government indicates that the union leader in question was transferred from the city of Encarnación to the Health Centre of San Juan del Paraná in the framework of the national immunization day of 12 May 2000 because it was impossible to hire personnel to help organize that day and the health clinic lacked personnel. In these circumstances, although the transfer took place eight days after the call to strike, the Committee does not have sufficient information to confirm that the transfer in question occurred for anti-union reasons, particularly in light of the fact that according to the Government the union leader in question was transferred back to her original position in the city of Encarnación on 10 July 2000.
4. 826. As regards the physical assault, detention and prosecution of Mr. Reinaldo Barreto Medina, Chairperson of SITRAMIS, during the protest of 12 May 2000, the Committee notes that according to the Government the union leader in question assaulted a police authority (the chief police superintendent), for which he was temporarily detained and released on 12 May 2000. In this respect, the Committee notes that according to the records of the case against Dr. Barreto Medina for resistance to authority, a copy of which the complainant organizations have attached, the Ministry of Public Health and the accused agreed to request the judge for a conditional suspension of proceedings in exchange for the accused providing dental services at a hospital on Saturday mornings for a period of one year, and the judge agreed to this request. Under these circumstances, the Committee will not pursue its examination of this allegation.
5. 827. As regards the dismissal of Ms. Florinda Insaurralde, the Committee notes that according to the Government she was dismissed from her job following the conclusions of an inquiry which began in July 1999 in which she was accused of interfering in duties other than her own, using the institution's telephone for personal matters and threatening her colleagues. In these circumstances, taking into account that the worker in question was dismissed for reasons which took place long before the conflict reported in this case and that the complainant organizations did not indicate whether the person involved held a union position, the Committee requests the Government and the complainants to forward additional information in order to clarify this matter.

The Committee's recommendations

1. 828. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to ensure that it respects the principle that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures, and that this protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions, and that such a guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers' organizations shall have the right to elect their representatives in full freedom.
   • (b) Concerning the dismissal of Ms. Florinda Insaurralde, the Committee requests the Government and the complainants to forward additional information in order to clarify this matter.