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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 70. The Committee last examined this case, in which it is alleged that
the public education authorities have, on the one hand, restricted the right of
teachers’ trade unions to express their opinions on economic and social issues in the
workplace and, on the other hand, questioned and modified the use of trade union leave
by such organizations, at its meeting in June 2024 [see 407th Report, paras 43–49]. On
that occasion, the Committee requested the Government to: (a) report on the status of
the complaint filed by FENAPES with the National Human Rights Institution and
Ombudsman’s Office (INDDHH) regarding, among other issues, the prohibition of holding
union meetings within the educational centre. The Committee also invited the Government
to promote dialogue between FENAPES and the National Public Education Administration
(ANEP); and (b) report on the status of the criminal complaint filed against teacher and
leader Mr Marcel Slamovitz, as well as on the two ongoing criminal complaints related to
the use of trade union leave by certain FENAPES leaders during the period 2015–19, and
on an ongoing administrative investigation into the possible irregular use of leave by
other FENAPES members. The Committee expressed its firm hope that, if deemed necessary,
the issues relating to union leave for secondary school teachers could be addressed and
reviewed in the future through dialogue and bipartite collective bargaining.
- 71. In a communication dated 25 September 2024, the Government indicated
that: (i) social dialogue and respect are part of ANEP’s ongoing activities; (ii)
criminal complaints are pending and the administrative investigation has not yet been
completed; and (iii) no new discrepancies have been reported regarding the union leave
of secondary school teachers.
- 72. In a communication dated 8 November 2024, FENAPES alleges that, on 17
October 2024, the management of Liceo No. 3 in the department of Rivera sanctioned trade
union activists Rubén Darío Acuña and María Fernanda Madruga for placing material
related to a plebiscite on the union notice board.
- 73. In this regard, in a communication dated 25 February 2025, the
Government indicates that this measure consisted of a minor verbal observation, which
was not formally recorded and has no impact on the teachers’ careers.
- 74. In a communication dated 3 September 2025, FENAPES indicated that:
(i) the Directorate-General for External Security (DGES), which reports to the Central
Governing Board of the National Public Education Administration (ANEP), in compliance
with the resolutions and considerations of the governing body, and based on the
recommendations made by the Committee on Freedom of Association in June 2023 regarding
the sanctions imposed on six teachers at Liceo 1 in San José, decided to revoke those
sanctions, thereby eliminating all administrative and economic consequences affecting
those teachers (a copy of the minutes signed on 13 August 2025 in the conciliation
proceedings convened by the Ministry of Labour and Social Security (MTSS) is attached,
which gives an account of this); (ii) the DGES also concluded the administrative
investigation against FENAPES leaders José Olivera and Emiliano Mandacen without any
administrative or disciplinary consequences; (iii) the administrative investigation
against leaders Mario Bango and Raúl May concluded with a verbal observation, the
content and scope of which in disciplinary terms has no administrative or functional
consequences; (iv) it remains to be seen what progress and conclusions will be reached
in the criminal investigation being conducted by the Public Prosecutor’s Office, which
originated in the complaint filed by the Uruguayan House of Representatives and the
former DGES against FENAPES for alleged irregularities in the use of trade union
leave.
- 75. The Committee takes note of this information. The Committee observes
that, as recorded in the aforementioned minutes signed on 13 August 2025, the MTSS,
ANEP, FENAPES and the Coordinating Committee of Secondary Education Unions agreed, on 29
May 2025, to establish a bipartite forum for dialogue and negotiation, with the aim of
reaching a resolution that takes into account the recommendations made by the Committee
in the present case. The Committee takes note with satisfaction the creation of this
forum for dialogue, as well as the commitment made to implement, within that framework,
the recommendations made in the present case. The Committee takes due note that,
according to the complainant organization, the sanctions were revoked and the
administrative investigations against the leaders were concluded, while the criminal
investigation by the Public Prosecutor’s Office, originating from the complaint by the
Uruguayan House of Representatives and the former DGES against FENAPES for alleged
irregularities in the use of trade union leave, is still pending. The Committee hopes
that this investigation will be concluded as soon as possible and expresses its firm
hope that any issues that may arise in relation to the matters that gave rise to the
complaint can be discussed in the bipartite dialogue and negotiation forum referred to
above. On the basis of the foregoing, the Committee considers that this case is closed
and does not call for further examination.
