I. III. A. Allegations relating to the arrest of certain trade relating

Transcription

INTERNATIONAL LABOUR OFFICE
BUREAU INTERNATIONAL DU TRAVAIL
OFICINA INTERNACIONAL DEL TRABAJO
cB.20+/L3/L+
2o4th Session
GOVERNING BODY
CONSEIL D'ADM I N ISTRATION
CONSEJO DE ADMINISTRACION
Geneva,
15-18 November f977
Thlrteenth ltem on the
agend.a
ONE HUNDRED AND SETENTY-SECOND REPORT OF TIIE
COMMITTEE ON FREEDOM OF ASSOCIATION
TABIE OI'
CONTENTS
?aragraphs
I.
r1.
III.
1-11
INTRODUCT]ON
IRRECEIVABLE COMPIATNTS
tz-t+
CASES NOT CALLING FOR FURTHER EXAMINATION
t5-++
No. 769 (UrCnnrGUL)
Complaint presented" by the World Federation of
l,abour against the Governmen.t of Ni caragua
CASE
Recbrunend.ations
of the
1tr
L)-a) a2
2t
Committee
. 789 (CULrOlru,m)
Couplalnt presented. by the latin Aiaerican Central of Workers
against the Goverrunent of Guatemala
CASE No
Recommendations
25-3+
of the Committee
55
CASE No. 869 (rulr.q,)
Complaint presented by Balmer Lawrie and Co. Shramik Union
agalnst the Goverrunent of Ind.ia
Recommendations of the Committee
IV.
CASES
IN
36-43
+4
WI{fCH TIIE COMMITTEE HAS RNACI]ED DEI'INITIYE CONCIUSIONS
No. 82+ (SlNrN)
Complaint presented. by the World Confederation of
Organisati-ons of the Teaching ?rofession and the
V,Iorld. C onf ed.eration of labour against the
Government of Benin
45
-111
CASE
,f
+5-5t
A. Allegations relating to the arrest of certain trade
uni onists
B. Allegations relating to the nomination by the
of officials of certain trade unions
48-57
Government
58-61
62
-11
-
Paragraphs
No. 865 (ICUAIOR)
Complaint presented by the Ecuadorlan Confed"eration of
Class Organisations against the Government of Ecuador
CASE
Recommendations
of the
Irnmmi
53-75
**aa
1O
. 877 (SnmCa)
Complaint presented by the Par:hellenic Union of Merchant
Marine Engineers against the Government of Greece
CASE No
Recommendations
CASE
No. 878
of the Committee
(NTGERTA)
Compl-aint presented by the Worl-d Eederation
Unions against the Government of Nigeria
Recommendations
CASES
]N
77
-95
95
of
Trade
oi the Committee
WHICH THE COMMITTEE HAS REACHED ]NTER]M
CONCIUS]ONS
Nos. 672, 758, BA2, B1g, 822 AND 847 (lOUrWrCnW REPUBIIC)
Complaints presented by several trad.e union organisations
against the Government of the Domj-nican Republic
97-110
111
tLZ-388
CASES
A. Allegations
Report
examined,
by the Committee in its 158th
No. 572
Case No. 758
Case No. 802
Case No. 819
Case No. 822
B. latest developments
Re-examj-nation of these cases by the Commlttee
New allegations
latest information communicated by the Government
Recommend.ations of the Committee
OASE No. 795 (rrsnnrl)
Complaint presented by the Mlners' InternationalFed"eration agalnst the Government of liberia
I, Allegations of the complainants
II . Governrnentrs reply
III. Addltional- comments made by the complainants
IV. Governmentrs reply to complainantsradditional comments ..
V. Conclusions of the Committee
Case
112-148
tt7 -L3t
l_17-118
11o,-1 22
t23-L24
\25-t26
L27
-L3t
172-1 Lq
t12-t33
L34-L4t
L42-t45
148
t49-t93
t5t-155
-t64
\65-t77
L57
I78-182
L85-t92
t93
- at-a -
ParaEraphs
#
Nos. B2l, 859 AND
0ASES
---compraints
875 (COStl" RrcA)
piesented by the National Union of social
of
S;,;"iiy Em!1oyees, th6 General Confederatlon
Rica
of
Costa
Employees
of
Banlr
Union
!,iorkers-a,d-thil
against the Government of Costa Rica '
l-94-220
Allegations of the complainants
The Governmentrs rePlies
Conclusions of the Committee
Reeommendatlons of the Committee
0ASE No. 830 (rnlzrl)
Complaints iresenti:a Uy the Worl-d tr'ederatlon of Trade
Uni6ns, the World Confederatlon of labour and the
latln Americari Centraf of llorkers agalnst the
Government of Brazit ..
A. Allegations macle by the complai-nants
L95-205
B. Governmental comments
C. Conmitteets concl-usions
cnsE No. s37 (rNDrA)
Complaint presented by the Centre of fndian Trade Unions
against the Government of India
Further information recelved from the Government
229-245
I.
II.
III.
NO. 854 (PARAGUAY)
Complaints presented by the latin American Central of
I/orkers and the trVorld Confederation of labour against
the Government of Paraguay ..
206-2ll
2t2-2t9
220
22t-252
22+-224
2+6-25L
2C2
253-271
2$-266
267 -27
O
27l-
CASE
Recommendations
of the
272-286
287
Committee
No. 858 (rCUmOn)
Complaint presented by the latin American tr'ed,eration of
Farmworkers against the Goverrrment of Ecuador .
oASE
Recommendatlons
of the Committee
casE No. 868 (pBnu)
Complalnt submitted by the ?eruvian tr'ishermen
tr'ederation against the Government of ?eru
Recommendations
288-293
29+
I
s
of the Commlttee
295-105
306
No. 870 (Pmu)
Complaint presented by the Peruvian General Confederatlon
of lriorkers, the latin American Central- of hlorkers and the
ldorld Confederation of labour against
CASE
the Government of Peru
3A7-329
224
-av-
ParaEraphs
#
NO. 87I (coromrl)
tr'ederation,
Conplaint p,i""urrt"a 6y the National Agrarian
Hotel
fobacco,
tr'ood,
of
ffii;il-inteinati-onaf
the Trade -industries
trtlorkers, anil the Trade Union Conand Allied
federation of Workers of Colombia against the
Government of Colombia .,
CASE
of the Commlttee ....
No. 873 (rr, Snr,vA.Don)
cAsE
---Co*pf.irrip:iesented by ttre World Coniederation of labour
against the Government of Ef Salvador
Recommendatlons of the Committee ..
Recommentlatlons
NO. 876
of Teachers in
Corpf"irrt presente& Uy the- Greek tr'ederation
of
Greece
Government
the
agaiirst
Teiching
iriiate
Recommendations of the Commlttee
CASE
--
33L-319
340
34L-35L
352
(GREECE)
No. 885 (ECUADOR)
Complaint presented by the Permanent Congress of Trade Unlon
Unity of lit:-n Amerlcan l'Iorkers and the !'lorld Federation of
Trad-e Unions agalnst the Government of Ecuador
,53-769
370
CASE
Recommendatlons
of the Comltittee
37L-387
388
INTERNATIONAL LABOUR OFFICE
BUREAU INTERNATIONAL DU TRAVAIL
OFICINA INTERNACIONAL DEL TRABAJO
ct3,?o4/ t3
/t4
204th Session
GOVERNING BODY
CONSEIL D'ADM IN !STRATION
CONSEJO DE ADMINISTRACION
Geneva,
November 1977
Thirteenth item on the
aoenda
A!E-EWBBED-A!!-EE!!!!I:5!99!D-3EP983-9I-I!E
COUUTTTEE ON TREEDOI' OF ASSOCIATION
I.
ME9!!grI9!
1.
The Committee on Freetlon of Association, set up by the Governing Body at
its 117th Session (November 1951), oet at the International Labour Offi.ce, ceneva,
on 8 Novenber 197? uncler the chairmanship of llr. Roberto Ago, forner Chairman of the
Governing Body. The nember of the Connittee of Inclian nationality flas not present
during the examination of the cases relating to fndia (Case No. 837 and Case No.
869).
2.
The Comnittee recommentls the Governing
report at its 20qth Session.
Bcdy
to examine the present
9escs-!c-f gEe-lhs-g gssi!!eg
3.
The Committee hacl before it 60 casesr in uhich the complaints had been
submitted to the governuents concernecl for observations. The Conoittee reachecl
final conclusions in 7 cases ancl lnterin conclusions in 27 cases i 26 cases rere
acl
j ournetl
.
9eces-aCiogrgeg
q.
The Committee adjournecl until its next session the examination of the
cases relating to India (Cases Nos. 833 and 881) , El Salvador (Case No. 8qq) , United
Kingdoo/Antigua (Case No. 857), Unitecl Kingdom/St. vincent (Cases Nos.86C and 882),
Banglaclesh (Case No. 861), Greece (Case No. 8121, Spain (Case No. 874), United
KingdomTBelize (Case No. 883), Canacla (Case No. 886), Ethicpia (Case Nc. 887),
Ecuaalor (Case No.888), cuatemala (Case No.891) and Fiji (Case No. 8921 concerning
rhich the Committee is araiting information or observations from the governments or
complainant organisations concerneil.
5.
The Conmittee also adjourned the cases relating tc Suclau (Case No. 84O),
Chad (Case No. 853), llalaysia (Case No. 879), Colombia (Case No. 889) antl cuyana
(Case No. B9O) in respect of rhich the observations of the governments concerned
have been receivetl. The committee ras unable to examine these cases in substance at
its present session.
! These include the cases relating to Bolivia (Cases Nos. 685, 781, 806 and
814), trruguay (Case No. 'l 631 , Argentina (Case No. B42l anil Chile (Case No. 823)
which are examinetl in the 173rd, 174th, 175th and 176th Reports respectively.
E-2584-3A:34
-2The Committee again aaljourned the case relating tc JaPan
6"
at the request of the complainants.
7.
ls regarcls the case relating
No-
1921
rhich
the
(Case
to Banglattesh (Case No. 816) ,
Committee has leen holdiug in abeyance since November 1975 to arait confirmation
from the complainants as to shether they sish the case examinetl or Hithdraln, the
Committee, it its last session, ncting that such confirnation hacl still not been
on the
receivetl, ilecided to request the Government to transmit its observations
complaini. No further Courmunication having been receiveil from the complainants, the
eommittee woultl repeat its reguest to the Government to transmit its observations.
B.
As regards the case of Bahamas (Case No. 7961 rrhich sas transmitted to
wi-th the
the Econonic ancl Social Council of the UN for consialeratiou in accortlance
procectrure apPlicable in cases where the country concerned is not a l'lember of the ILO
remitted to the ILO bY
but is a member of the tlnited Nations, this case has now beentlay
1-9'16. The Committee
ECOSOC, the Bahanas having become a }tember of the ILO on 25
Government.
from
the
requesteal
or
observations
information
anaits
tryeliJ-s!"Peefs
o
As regarals the cases relating to Guatemala (Case No. 856) , ancl Jordan
(Ca se No.
839) ihe committee notes that, in spite of the time that has elapsecl ancl
the
in spite of the gravity of the matters to which the complaints relate,
not
been
have
concerned
governments
from
the
reguesteil
informa ti on or obs"rvitions
receiv etl . The Conmittee requests these governments to transmit, 4s a matter of
urgency, the inforuation oE observations requestecl fron then.
Action taken on recommentlations
10. As regarils the case relating to Canacla (Case No. 841) , the Committee hacl
requestetl the Gov6rnmeot (16$th Reportr-paragraph t62\, to keep it informetl of the
tvo tracle
deiisions of the Ontario Labour Relations Board in the cas€s concerning
21 SePtember L9'17
unionists, lrr. Conlan ancl ilr. Taubert. By a communication dated
Taubert and
the Government transmitted the Boartlrs clecision in the case of llr.when
it ras
be
f
crwardecl
l,lr.
woulcl
Conlan
case
cf
in
the
clecision
the
statecl that
hait not been
available. The Committee notes that the Boarcl tleciclecl that !1r. Taubert
As regarals the case relating to
disurissed on account of hls tracle union activities.
the Government to conmunicate
reguesteal
bail
Committee
Colombia (Case No. 850) the
comPrising fines of
the decisions taken on the appeals against tro resolutions each
of freeclom of
violation
of
the
respect
in
Sing6i
Compiny
pesos
the
on
IO,OOO
clatecl 13
association ancl violation oi a collective agreement. In a conmunication
in these resolutions
Jufy Lgii the covernment statecl that the clecisj-ons contained
had, on appeal, been confirmecl. The Coonittee has taken note of this information.
is still
11. As reQarcls the case of Turkey (Case No. 631) the Committee
the Government
awaiting informa{ion concerning the progress of a Bill shich
amenclment of
indicated it hoped to submit to iarliament and chich roulil inclucle an (138th
Reportt
its
recommendations
in
Committee
by
the
to
referred
the provision
paragiaph j5). The Committee a!ain requests the Governrent to state the position
As regartls the case
i.gaiaii-rg t'he possible enactment of this legislation.
awaiting information
coicerniig Canadi (Case No. 818) the Commi-ttee is sti11
democratic
concernin; the neasures taken to restore a situation in which freeofancl
thus
Labour,
Fecleration
the
of
1ocals
place
certain
in
Quebec
elections can take
Placecl (15Bth Report,
terninating the truiteeship uniler rhich these 1oca1s have been
paragraph ilSl . the Committee requests the covernment to provicle information on any
to Honcluras (Case No.
a"o.iopr"nts in the situation. As regarals the case relating
B2O) tie Committee is still awaitlng the texts of the jutlgements pronounced in the
took place
.i"ir= concerning the persons arrested in connection with the events rrhich
reguests the
at Olancho in .rune 19i5 (158th RePort, Paragraph 43(b)) - The Conmittee
Government once more to transmit these jutlgements as soon as they are available.
I1.
L2.
E-2584- 3A:34
IBBE!!.II!E!E-EA.UPLAI!IE
The DirectoE-General has receivecl a number of courplaints which are
not
- 3receivabl-e under the proceclure j.n force because they emanate from
organisations of sorkers uhich do not belcng to the countries concerned"l
national
13. The Director-General has receivecl the folloring
communicat-ions: one
lett"er from the Central of Workers of E1 Salvadcr, dated 20 !i!ay lg7't, and one letter
frclm the Union of Employees of Bakery, Biscuit f'actory [lorkers antl pastry Cook
(ttauritius) , daterl 25 August 7971 , containing allegations oi infringements of tracle
union rights in Argentina (Case No. 842); one letter from the General Confederation
of Labour (Colombia) , datecl 4 August L97'l I contalnj-ng allegations of infringements
of trade union rights in Paraguay (Case No. 854) ; a telegram fr:orn the llnited
eentral of Forkers of Venezuela, dated 17 August L97"1, conbaining alleqations of
infringements of trade union rights in peru (Case No. Sg4)
14" The Comnitt-ee recommends the Governirrg Bodv to tiecicle, for the reason
indicaterl in paragraph 12 above, that- the complaints referred to in paragraoh l3 are
not recei-vabl.e.
rrr
.
q-asr!_N9I_
gl!!rtq_Ia!
_I-u!I!EB_EXIrI-N 3-Tl-qI
gesg-.u9:._zq9
e9IB
!4ItI_EBE!!.U!!!_!I_IEE_M!!_e9U:!!IEIIM_AI
!a!au_& gaJM_I-U!_qgIE!I!EI!_AE_!IEABrs!I
i5.
The Committee has already examined this case at its sessions j.n November
and Februarv 1976. 1n November 1975 it submitted an interim Eeport in paragraphs 21O to 282 of its 153rd Report.a
1"975
76" Nicaragua has rati-fied both the Freedom of Association anai protection cf
the Right to organise Convention, 1948 (No. 87) , and the Fight to or-oanise and Collective Bargaj-ning Convention, 1949 (No. 9B) .
7.'7- The allegations stiIl outstantling concern the arrest, in Augusl Igl-?, of
ressrs. Julio Guardi5n. ofilio
Garcla, Antonio centeno and Francisic palacios,
leaclers of the Textile workerst L!nion, at the time rhen a qeneral strike Has started
in +rhe textile
i"nilustry.
According to the slcL, thise persons uere still in
det-entiorr in November L9?3 without any specific charge having been brought against
them, and .Lt l{as not known rrhat authority haa ordered an1 mainiained their
dr: l-elt j-on; The Govet:nr0ent having submitted no inf ormation on f-his aspect of
case. the Committee recommeirded the Governing BoCy, at its November 1975 session, the
to
request" the Government to indicate as soon as possible the situation concerning the
tEa,le union ieaders arrested, to state whether they had appeared before a court and,
if so, tc supply the text of the couEt findings anci the rli=on= given therefor.
l-8" fn t"his connection the Government state,l in its courmunication of 20
December L975 that it was the 1egal advisers of the firm of EaDEIlg{ who" in 19?3.,
ha'3 denounced d.ir:ect1y to the criminal jrrdiciary the acti'ritiei-o?--Eertain
persons
who" accorcling t.o the Gcvecnment, coulcl not be tualified as trade union learleis. ft
arlde<1 that the case in question was closed and that it runderst-oodrr that these
person:; had been sei- at liberty long ago.
1q.
At its session in February L9'?6, t-he Ccmmittee deciileil t-o transmit to
the complai.nant organisation the substance of the Goverrrmentrs observations ancl to
invite it t-o inake any commelrts it wi-shed thereonr on the understanding that ttre
i'lovernment would have i:he opportunity to repiy to these conment.s"
20" f n a communica'bion dated, 22 June 197-7. the $CL, conf irme<i t"hat the
persons naued in t-he complaint were no longer in custody.
The riCL stated that thoy
had been arr:esteri on ttre occasion of a general strike ca11ed in the t-ext.iie.i_n.iustr-y
in Auqust i973. There was absolutely no doubt, continued the complainant-s, ;h;a-;h"
leaders of the T.txtile "{orker.-rr'Jnion had soent many long nonths in prisonn and that
they had been 4et.ai.ned on account cf their trarle union aitivities.
See 29th nepo!-L of: t-!:e Commi-ttee, para. 9.
The Goverainq tloCy approveJ this Eeport at its 19Eth Sessiorr (November 197:i).
-421. The text of this communication ras transuritted to the Government, which
has not furnished any observations upcn it.
'12" The Committee notes that the persons nametl in the complaini Here
that the statements of f-he
releaseal long ago" It must observe, however, for
their arrest are contuacomplainants and ci the Government as to the grounds
+.o
sere connected {ith their
quest.ion
in
measures
HCLr
the
the
accorcl1ng
diciory:
whereas according to the Government, these persons cannot be
tracle union activities,
gualified as trade union leaders.
23. The Committee notes that the persons named in the complaint anci claimed
of a ileneralby the I{cL to be trade union leaders ilere arEeste:l on the occasion
strj-ke in the textj-1e indust-ry. It notes that the Government has given no reasons
as to why it considers that these persons are not trade union leaders. The
Ccmmit-tee considers that it ras incumbent upon the Government to show that the
persons in
neasures t.aken did not arise 6ut cf the trade union activities of thehas
provided
the
Government
that
regrets
t-he
Comnittee
questi,rn. I$ this connection
against these persons'
nc i.nforma.Lion concerninq the 1ega1 proceedinqs !nstituted
ncr lias it furnished the text cf the court findings' as requested by the Committee.
in
2Lr. Subjeci: to ttre reservat-ions expressed in paragraph 23, and bearing the
reccmnends
Committee
ttie
long
aqo.
were
releasefl
perscns
named
mind t-hat t-he
Gcverning Bod-r to,lecide that the case cloes not call for further examinatj-on-
!eEe-!e'-lg-9
g
I9T !tA.IIg_!!"E5TII!!-!I-I!E_!AII!-AU!E]gAI
r ! r B a t - ! L -! "Q -B 5-E 3 S -I.C Ar ! ! r - 3 ! E - g q r ! B -u -u ! r I - I
qu!]!!!t!
E
at its session i n November 1976
25. The Ccmmittee al.ready examinetl this case
1
then. t-he Government has
Since
report.
interim
an
suhmit,ted
t-ha.t
occasion
on
and
and 25 Apri I L911.
ed
25
February
dat
sr1fog1.if-tecl a f urther ttso communications,
26. Guatenala has ratifiecl the Freedom of Association ancl the Eight to
Organise Convention, 1948 (No. B'71 anC the Riqht to Crganise anct Collective
Bargaining Convention' 1949 (No. 9B).
of
?_-l .
In its commr:nicatlon of lr Uay L91 4, the Latin American Central
,rrcrkers, otr behal-f of .its affiliate
in Guat.emala, t-he National Central of !{orkers
(CNT) | itieged that, on the cccasion cf the demonstration on 1 tlaY 1974r the forces
causinq the
cf ite naiional arrry ancl government police att-acked the procession,
who'se tctal number had nct
others.
nany
vounding
,leath oi four people
seriously
aid
The CLA''f added that +-he lead and wcunded inclutled memLrers of the
treen determined.
Horkers and particularly Julic Celso de Le6n, a naticnal leader
of
Central
Nar:ionaL
seriously iniured.
anal member: of the Executive Committee of CLAT, rho had been
and
Subsequently, CLAT submitterl a 1j-st of three persons saici tc have heer, killerl
injured.
tc
have
been
fifteen cthers sai4
28. In its reply of l-8,Jr:ne 1976 the Government referred to a report by the
rtinistry
of the Interior, rr:gardi-ng the events of 1. l'!ay 197q. Tt Has indlcated in
this report that the ricrkersr parade harl been authorised bv the prefecture, dt the
of
request of the 6eDeral. Secretary of the Auloncmous Trade Union Federaticn
a group
Guitemala {FASGUA), thror,rghout a large area of the crty. During.the parade,
of 15C-2OO per.sorrs"ied by t-he leaoers of the Guatemalian Chr:istian Democrat Par+-v
had endeavoured to make the parade change its course.
29. The nationa)- police ha,l told the orgaoisers t-hat thev must nct depart.
f rom the authorised i:or"!.,:e" At that point, a hail of stones had been hurlei at the
police forces, i.rrjuring t-wo policemen, damaging several shops and electric lightinq'
route"
irr addition, u gr6op oi p*rr.rn. had insisted on followl-ng an unarrthorised
t-hen scattere(l,
The police' haa been forced to use t-ear gas. The demonstrators had
The
the procession.
tlut. shots ha<1 been hear,1 , f!-red. by persons who had infiltrated
meetirrg sribsequentj-y took place i{ithout further inci.dent"
r See 15Oth neFcri:, par6.s , 203-2L8. This report tres approl'ed by the Governing
Body at its 20]st Sessj-on"
-530. The report rejected any responsibility on the part of the national
police for the shooting, as they hatl been expressly ordered not to use fire-arns.
lecoriling to the Eeport, responsibility for the acts of violence 1ay with the
the tlemonstration. It was also stated in the report
Persons rho had infiltrated
that a gEouP of Persons taking part in the procession had told the police that they
regretted the interruption causecl by persons rho had nothing to clo with the
procession uhich they hatl organisetl.
31. During its November 19?5 Session, t he Comu i tt ee reco mm e n cl ecl the
Governing Botly, in particular:
- to call attention to various principles ancl especialty to the fact that the
institution of an inpartial inguiry is a pirticulirly appropriate means of
elucidating the facts ancl determining responsibility when events occur rlhich
lead to the loss of human lives;
- to ask the Governfient shether an inpartial inguiry Has carrieil out regartling
the events rhich allegedly causetl the death of a number of tracle unionists and
inJuries to others ancl, if so, to comrnunicate the conclusions of the inquiry
and indicate rhether those responsible had been brought to trial.
32. In its latest communications, the covernment intlicatecl, in particular,
that a Judicial inguiry is carriecl out ou all punishable offences in order to bring
to Justice those respcnsible. The case before the ILO ras no exception.
33. The Comnittee notes this information from the covernment, vhich see&s to
shor that the events rhich gave rise to this complaint have been the subject of an
inguiry.
The Committee nevertheless regrets that the covernurent has not
coununicated the conclrtsions of the inguiry as reguestetl. Conseguently, the
Connitteeisunab1etotakeaclecisioninfu11knov1edgeofthefacts.
34. llevertheJ.ess, it appears from the replies supplied by the Governnent
that the Police forces yere expressly orclered not to use their fire-arms during this
ileuonstration. The comnittee also notes that the events in guestion took-pLace
alnost four years ago.
35. In these circumstances, the committee recommends the Governing Body:
(i)
to express its regret that the Governnent has not commrrnicated the
conclusions of the juilicial i.nguiry carriecl out concerning the serious
events of J. llay 1974;
(ii)
to decitle that no purpose woultl be serverl in pursuj_ng its exa[ination of
the case.
9qse_.!s=_!99
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Mr
a
36. The ccnplaint of Balmer Lawrie ancl Co. Shramik Union sas contained in
coDounication dated 6 December 1976.
a
17. The courplaint nas transmittetl to the Sovernment yhich, in communications
tlatetl9|'arantt26septemberL9.77,sentitscbservati-onsonthecomp1aint.
38. India has ratified neither the Freedom of \ssociation antl protection of
th? Right to Organise convention, 1948 (No. 8?) nor the Right
to organj.se ancl
eolleetive Bargaining Convention, I949 (No. 98).
39. The comPlainants alleged that the majority of the workmen at the grease
factorY of Balmer Larlrie ancl Co. Ltd. (a covernment enterprise), being
dissatisfied
uith the tvo unions to which they belongecl, decidetl to reiign fiou these
an6
foru a netr union to be known as the Balner.Lanrie and co. shiamik union. uni.ons
The
trlo
unions to which these rrorkers belongetl rere the Balmer Lanrie Enployees! Asscciation
(affiliated to the rndian National Trade union eongress)
the Balmer La$rie
',rorkersr Union (affiliated to the National Labour Co-ordinationaid
eouncil).
-640. The courplainants statecl that, on 1 iluly Lg'l 6 an applicat'ion
lot
Union Begulation
registration in tire prescribett form ras presentect uncler the' Tratle
of
Uo. l. Thereafter, coirtinued the conplainants, the inspector of the Registrai
Tra6e Unions verified the saitl appiication ancl certi.fied that the union should be
rlgistereil. The fite ras then submiltetl to the Registrar of Tracle Unions'rho,.after
that the
naiy days had elapsecl, inforned the representatives of the appl-icant uniondecicletl
'to
had
ttinistei of Labour had decided that, since the applicant union
permit
the
not
uould
he
Congress,
Unicn
Tracle
uith
the
Indian
National
affiliate
registration of a seconcl union affiliatetl to the TNTUC.
tlL. At a general neeting on 7 November 1976 the menbership deci-ded not to
seek affiliation iittr ttre INTUC and the llinister of Labour was informecl accordinglY,
as iras the Registrar of Tratle lJnions. Thereafter a nunber of neetingi were held
rith the Registrir of Tracle Uuions i-n an attemPt to obtain official registration of
the union. At the time of oresenting the conplaint (6 Deceilber 1976) rbgistration
had still not been granteal.
q2. The covernment, in a communication datecl 9 l'lay L97'l , stateil that the
the complaint, hacl
State Government of nest Bengal, uhich r.as concernecl rith grant
registration
intinated that the Begistrar of irade Unions hacl been aclvisetl to
to the conplainant union under the Tracle Unions Act 1926. In a subseguent
coonunication ttatetl 26 September 197?, the Governnent confirmecl that the complainant
union had been duly registered uncler the Tratle Unions Act on 14 Harch L977.
q3. The Committee rishes to recal1 the general principle that workers shoulcl
have the right to establish orqanisations without previous authorisation. If
registration of a tracle union confers on the organisation the basic rights enabling
it to further and defend the interests of i.ts members, the fact that the authoritY
conpetent to effect registration has cliscretionary Porer to refuse this fornalitY
leads to a situation that is not different from that in cases rhose previous
of a
authorisation is Eeguested.r nith regarc[, in particular, to the affiliation
tracle union sith a federation or confederation, the Comnittee uishes to point out
that a rorkersr organisation shoutd have the right to join the fecleration ancl
confecleration of its own choosing, subject to the rules of the organisations
concernecl , ancl rithout any previous authorisation. 1t is for the fetler'ations'anal
of a
confederaiions themselves to tlecicle whether cr not to accePt the affiliation
traile union, in accortlance rith their otn rules ancl by-laus.
44. The Comnittee notes sith interest that the complainant organisation uas
of
finally regj.stered on 14 llarch 1977 after an intervention by the State Government
Irest ifengif. In these ci.rcumstances, it recommencls the Governing Bo,1 y to ilecide
that this case tloes not call for further examination.
rv.
sa!!5-u-!ErgE-!!!-s9!uIuEE-EA5-3E!g.U!-p
DEFINITTVE
CONCLUSIQNS
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9Bs-AI-I5!rr9!S-9X-!!E-rEAglr!s-EBAIESSM-A!!-!!E
!93!P-E9!T!P!BA: I9I-9E-!AEq$-A gAIIES-.TI!
s9!E!!!!!3-9r-E!!r!
tl 5.
The Conurittee alreacly exanined this case at its session in l'taY L9'16.
yhen it subnittecl an interin report. z The Governnent has since then forrardetl a nen
conmunication dated 7 l{aY L977.
q5. Benin has ratified both the Preedom of Association ancl Protection of the
Right to Organj.se Convention, 1948 (No. 87) , anil the night to Organise an tl
Collective Bargaining Convention, 19q9 (No- 9B).
r See, for exanple, 84th RePort, Case .No. 423 (Honduras)' para. 72;
Beport, case No.' 335 (Peru), Para. 44'l
2 See 158th RePoEtr Paras . 271 to 299. This rePort rras approveal by
Governing Body at its 2OOth Session (Uay-June 1976) .
8
5th
the
-747. It will be recalled that the allegations sti11 outstanding concern the
arrest of certaio tracle unionists ancl the appointment by the Government of menbers
of the executive conmittees of certain unions.
A.
Allcsalrerls-relalrls-!e-!he-erEgE!-e!
ssl!ei.E-!regs-!trle!iE!E
48. The ccnplainants had alleged that, following the assassination of the
llinister of the fnterior, the unj-ons had callecl a general unlimited strike on 24
June 1.975 as a Protest against the assassination ancl the manner in which the
Presitlent of the Republic had set himself above the 1an in administering justlce.
lccoriling to the conplainants the clecision to strike had been transnittecl to the
Itlinister of the Interior 48 hours in actvance in accortlance yith the 1aw.
tl9. During the alenonstrations the soldiers hacl opened fire antl several tracle
unionists rere auong the dead ancl woundecl. Eollowing this, the tracle unlon leaders
rho hacl callecl the strike hatl been arrestecl and transportetl to the military camp at
DodJa, where they had been beaten. Further, on I .luly 19?5, the Council- of
llinisters had adopted a number of measures uhereby all those yho hatl taken part in
the strike from 24 to 27 ilune 1975 noulcl suffer clecluctions from their pay
correspontling to the cluration of the strike; all those vho were not back in their
jobs on 3o June 1975 irould be disnissed fron the public servi.ce or from the jobs
they held; all those vho hatl signetl the clecision to strike, the leaclers ancl
actlvists arrestecl before 3o ilune or at their posts on 3o June, or arrested after 30
June, roultl be suspendecl from their jobs antl sent to an agricultural proaluction
centre until 31 Decenber 1975i and all workers in the public and prival.e sectors
rould require authorisation before leaving the country.
50- The florId Confecleration of organisations of the Teaching profession
(HCorP) had appended to its comnunication a list of 26 tracle unionists who, it
alIegetl, hacl been internecl in military camps ancl subjected to torture. The persons
detained uere not allonetl visits fron their fanilies. The rcoTp also appendeci a
further list of 13 trade unionistS rho uere said to have fled.
ninaiiy, the
conplai.nants hatl alleged that t'!r. Akan Hilaire, an offlcial of the National IInion of
Public School Teachers of Benin (SYNEPDA) , hacl died on 9 September 1c75 in the
nilitary canp of Dodja uhere he had been internecl for having gone on strike.
lccording to the conplai-nants, ]1r. Akan Hilaire had been suffeiing trom
his death rras due to the bacl treatment he had received uhile in detention. asthma antt
5L. lccording to the Government the strike of
alune 1975 had been a
pol-itical one nhi-ch met with political retallation. The2tt
strike orcler had calleci for
the imnecliate resignatioo of the Heatl of state anil of the Government of the
President of the Bepublic, Lieutenant-colonel i{athieu Kerekou, ancl his immeiliate
incuJ-pation f or votuntary anil premeditated honicide.
52. The Governnent had explained that, in accordance uith the law of Benin,
public officials did not have the right to strike except
in defence
coLlective occupational interests; uorkers in the private sector uere subjectoftotheir
the
same reguirenents. Furtheruore, the right to itrike
had to be exercisecl in
accordlaDce uith the procedure laid tlorn in the legislation.
Final1y, the Governnent
had pointecl out that no trade unionist rras recorclid as having been iillecl during the
deroastrations of 24 June 1975.
53. At its t{ay 1976 session the Conmittee noted that the strike had been
called for reasons of a political rather than an occupational character.
rn this
connection, the committee recalletl the vieI{ it had previously taken that
the
prohibition of strikes by reason of their non-occupational charaiter, or where they
hatl been clesignetl to coerce a government rith respe-t to a political matter unr ,.ie
not in furtherance of a tracte union dispute, did not constilr:te
an infri-ngement of
tracle union rights. Horrever, the Committee also notecl that the
covernoent aticl not
Ceny the allegation relating to the 26 nametl traile unioni.sts who rere said to have
been internedl in oilitary camps ancl subjecteal to torture.
54. rn view of this, the comnittee recommended the Governing Body to clrar
atteotion to certain principles ancl consitlerations regarcting the ;ight
cf arrested
trafle unionists to receive a prompt anl fair trial by an independent ancl
impartial
Judiciary, to reguest the Government to indicate w[ether the trade unionisti namecl
-8in the complaint as having been arrestetl $ere still in tletention and, if sor to
state the nature of the charges that had been brought against theu ancl the alate on
which they rould te brought to trial; anci to reguest the Government to transoit, the
texts of any jud.genents delivered by the courts concerning these cases.
55. In its conmunication of 7 {ay 1977 the Governoent indicated that all the
tracle unionists mentioned in the complaint as having been arrested had been released
long ago and that they had resumetl their normal occupational activities in their
respective proaluction units" No juclicial proceecli-ngs hatl been instituted against
any of the trade unionists ancl no judgenents hacl been pronouncecl against them. The
Government further stateal that it cculd not answer for the trade unionists who hail
fled and who had thus gone into voluntary exile.
56" According to the coverneent the measures of aclninistrative internment
against certain tracle unionists on the occasion of the strike of 24 June 1975 coulct
not in any vay be construecl as interference by the public authorities in the
internal affairs of trade unions. The strike hacl been of an overtly political
nature, anil it was the duty of the public authorities to take appropriate measures
to avoicl abuse of the right to strike or its exercise in a manner contrary to the
requirements of public orcler" Final1y, the Government stated that the st.rike of
June 19?5 had been a preliminary move in a plot organiseal against the people of
Benin, as is provetl, according to the Government, by the events which took place in
that country in January 1977.
5?. The Committee notes that the trade unionists arrestett following the
strike calleil on 24 ,June 1975 for reasons mainly of a political nature have been
releaseil, an<l that they have resunecl their normal occupational activitj-es.
The
Committee feels obliged to point out, however, that the Government has sti1l not
naile any observations in reply to the allegations relatiog to the i1l-treatment from
which these tracle unionists were saicl to have suffereci Juring their internment ancl
which is saicl tc have caused the death of cne of them. In the absence of comments
from the Government on this poi-nt the Committee regrets that it is unable to reach
definite conclusions concerning this matter. It must, however, stress that,
generally speakingo arrestecl trade unionists shoulcl benefit from the guarant,ees
providetl for in tbe International Covenant on Civil and Political nights.
Furthermore, the Committee consiclers that exemplary penaltj-es should be imposeil on
persons founcl guilty of acts of il1-treatment of tletainees, in orcler to put an encl
to the commission of such acts. In a11.1ition, sanctions should be accompanied b'i
precise instructions so as to ensure greater vigilance on the part cf those
concerned.
r
B. 311cse!].e!E-rc13!]!s-!e-!Ie-!eEi!q!1e!-!J-!!s
gvsEn m9g!-e!-el!rsicls-eE-s95!eu]-!rag9-!!30 ns
G
58. The complainants had alleged that the tracle uni-on leaclers uho hacl been
properly electecl by the congresses of their unions hatl been replaceil by'persons
chosen by the covernment. In support of its allegation the LCOTP had transmittecl
the text of a written protest by the National Union of Public School Teachers of
Benin (SYNEPDA) against an attempt by the t'!inister of National Education tc impose
a national executive on the uni.on. In this text it was alleged t-hat shortly after
the arrest of the tracle unionists the Government hacl imposeil executive committees .on
the unions to replace the inprisoned leaalers. On 3 October 1975, rhen the Mini.ster
attemptecl to impose on SYNEPDA an executive conmittee rhose compositicn had been
broadcast over the national radio, the teachers had protested vigorously anal had
forced the llinister
to receive t-he lega1ly appointed members of the SYNEPDA
executive uho hacl not been arrested. According to the complainants, the Minister
hacl requested that a more represenative executi-ve comnittee be appointed.
59.
At its t{ay 1976 session the Committee noteA that the Government'dial not
refer to these allegations io its reply to the complaint. The Comnittee pointeil out
that the nomlnati-on by the authorities of members of executive commi-ttees of tracle
unions constituteci ilirect interference in the ioternal affairs of tracle uoions aDd
lras incompatible rith Convention No. 87, ratified by Benin. The Comnittee also
recomnended the Governing Body to reguest the Government to supply detailed
information regarcling the allegations macle.
r See l6Bth Report, Case No. 848 (Spain), para. 168; 17oth ReportT Case No. 763
(Uruguay), para" 22.
-960. In its conmunication of 7 tlay 19?7, the Governoent statecl that these
allegations were untrue. It aitded that, out of concern to ensure the protecti-on of
trade union rights, it had refrainetl fron any kinil of interference rhatsoever.
51. the Ccmmittee notes these stateEents by the Government. Nevertheless,
it consiclers that the Governnent has not repliecl in detail, as reguestetl, on the
specific allegations maCe by the complainants as regards the attenpt rhich is said
to have been macle to iupose an executive committee oo the National Union of Public
School Teachers of Benin. The Committee therefore rishes once again to clrau the
attention of the Gcvernoent to Article 3 of Convention No. 81, in accordance wlth
qhich rorkersr anct employerst organisations sha11 have the right to elect their
representatives in fu11 freeclom and the public authorities shall refrain from any
interference which r.ould restrict this right or impecle the laHful exercise thereof.
In the cj-rcumstances, the Committee recomnencls the Governing Body:
(a) as regarcls the allegations relating to the arrest of certain trade unionists:
(i)
to express its concern at the allegations relating to the ill-treatment
saicl to have been suffered by the traile un5-onists, ancl uhich is saitl to
have resulted in the death of one of them;
(ii)
to tlrar the attention of the Governnent to the princi.ples ancl
considerations relating to the allegations of i11-treatment as expressecl
in paragraph 57 above;
(iii)
to note, horever, with interest that the persons cletainecl have been
releasecl anal that they have resumecl their normal occupational
activities:
(h)
as regards the allegati-ons relating to the nomj-naticin by the Government of
leaclers of certain unions:
to clraw the attention of the Government to Article 3 of Convention No.
81t accoraling to rhich workerst ancl enployersr organisntions sha11 have
the right to elect their Eepresentatives in fu1l freedon ancl the public
authorities shal1 refrain from any interference which woulcl restri-ct
this right or impecle the larlfu1 exercise thereof.
62.
Eesc-.N9,.-.9.05
sgtt! uu-l3Es!rI-E!-rLI-EE-lE!a!a3Il!-qqlllpI lAIIQI
aI _ g&als_ssq3rr!3!r9xs_3saf
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63. The conplaint is containecl iu a communication dated 19 October 1976 from
Jorge Cuisana Valencia, in his stateC capacity as presialent of the Ecuailorian
Conferation of CIass Organlsations (CEDOC). The conplainant sent additional
informatlon in a later communication of 13 t{ay L971. The texts of the
aforementionecl ccmmunications sere transmitted to the Governnent uhich sent its
observations in letters of 2 February anal 21 June L977.
!',1r.
54. Ecuaalor has ratified the Freedom of Association ancl Protecti-on of the
Right to Organise Convention, 1948 (No. 87), and the Eight to organise ancl
Collective Bargaining Convention, 1949 (No. 98).
65. In his conmunication of 19 October L976t the complainant stateal that
CEDOCr an organisation affiliatetl to the Latin Amerj-can Central of llorkers antl the
t{orld Confederation of Labour, hacl in recent months been the victin of tlivisive
- 10 manoeuvres 1ed by elements extraneous to the working class. The coutplainant statecl
that a group callect a meeting, to uhich tbey had given the name of congress, vhich
was totally unrepresentative ancl yhich was attencled by less than 10 per cent of the
CED0C. Subseguently, an illegal
ielegates of the organisations constituting
executive, presicleil over by !'! r. Emilio Velasco Ortega, presented itself at the
Ilinistry of Labour and Ilelfare antl was registered by the General Directorate of that
ltinistry.
The complainant concludetl his communication by claiming that recognition
66.
of this union executive constitutecl a violation of Convention No. 87 as vell as the
resolution concernj-ng the indepenclence of the tracle union $ovement adopted hy the
International Labour Confereoce in 1952.
6'1. In his communication of 13 f{ay 1977 the complainant fornarded various
4ocuments in support of his statements, inclucling certifj-cation of his election to
the presidency of CEDOC at the congress held in April 1975, the records of the
meetings of the CEDOC National Council held on 15-16 tlay 1976 and 18 February J-977,
some of shom are
federations,
statements by various occupational and provincial
to CEDOC, telegrams from the CLAT anal the qCL recognising the executive
affiliated
headed by {r. Cuisana ValenciaT anal a copy cf a manifesto signed by all the occuPat-iona1 feclerations and the majority of the provincial feclerations refusing to attend
of Mr. Emilio Velasco for 3
the extraorclinary congress conveneil at the initiative
anil 4 July 1976.
68.
Accorciing to the report of the meeting of the CEDOC National Council
held on 15 and 16 tlay 1976 a minority group consisting cf persons r,ho were not
members of the Council and armeil stuclents broke into the ha11 ancl attempted to
prevent t-he meeting from taking place normally. The police hacl been callecl in by a
number of delegates to restore orcler, but refuseal to do so and scattered the ttorkers
who hacl gatherect around the bui. ldinq where the meeting ras belng held in crder to
free the members of the Council. A number of inci-dents subseguently took place in
the haI1. The persons from outsicle the Council obliged it to resume its cliscussions
and circulated a docunent which they had preparecl, ilemancling that the clelegates sign
others rere forced to sign a blank
it without having an cpportunity to reacl it.
Although they $ere obliged to sign this ilocument the Council
sheet- of paper.
members t-ota1Iy rejectecl its contents. The armed students then exerteC pressure to
have the presidency of the Council given to l,!r. Emilio velasco, alleging that the
?residentrs resignation had alreacly been accepted. lrr. Velasco began to direct the
The stuCents then obliged all the
assembly, which ras in complete ilisorder.
delegat-es to 1eave. The President, tt!r. Cui-sana Valencia, invit-ecl aI1 t-he delegates
to meet immeiliately on other premises. Over 5O per cent of the electecl ilelegates
rent to that meeting antl decided to approve the Presidentts report, to reftlse the
resignat-ion rhich he had submitteal to the National Executive Committeer anil to expel
The
five members of the Executive Committee, inclucling lrr. Emilio velasco.
following clay, the necessary quorum of 5O per cent haviug been obtained' i'lr. Jorge
cuisana valencia was confirmed in his office as National Presiden+- of CEDOC.
69.
In its replies, the Government explainerl that on 8 April 1976 t'!r. .Iorge
Cuisana Valencia ha,1 freely and willing1y resigned his office as Presiaient of CEDOC'
ilifferences trith the members of the National
ancl political
because of ileological
Execrrti ve Commi ttee .
1O. On 15 ltay 1976 the Extraorilinary National Council of CEDOC had been
conveneil by the National Executive Conmittee. The statutorv guorum was resPecteal at
that meeting ancl the report submittecl by llr. Jorge Cuisana Valencia hail been
rejectecl because cf its political nature. Furthermore, his resignation from the
office of President of CEDOC hacl been accepteil. The rePort of this assembly hacl
been signed by all the persons present, inclu,ling ltr. Jorge Cr:isana Valencia.
11. On the night of 15 to 15 t{ay, tqr. Cuisana ',/alencia had convened ancl
to establish
chairetl another general assembly concerning which it iras 4ifficult
rhether a quorum nis obtained. This assembly ccnfirmed Ur. Cuisana Valencia as
presiclent ancl expelled I'lr. Emilio Velasco f rom his post of General SecretarY.
12. On 1? qay Mr. Emilio Velasco informecl the l,linister of Labour that he ras
the neu president of CEDOC. since the statutes of that organisation Provide that the
lleneral Secretary replaces the Presi,lent in the latt-err s absenee. On 3 anl 4 June
L91r:, the National Congress of CEDOC uas co'nvened by Ur. Emilio Velasco' acting
Velasco as
president. The 5OO delegates rho yere present unanimously e1€ctetl ['!r.
t-itular Presiclent.
_
11
73. The Government also supplied a list of the organisations suppoEting llr.
Emilio velasco and those supporting l.lr. Cuisana Valencia. On 23 Septenber 1976, it
adJed, the head of the Departuent of Tracle Union Organisations at the ceneral
Directorate of Labour submitteci a report which ras favourable to the Executive Committee chairecl by tlr. Emilio Velasco. The Minister of Labour then recognisecl,
registered ancl recorcled the names of the members of the Executive Conmittee headed
by tlr. VeIasco, consialering that all his activities as acting President were
legitimate ancl that the National Congress at which he had been elected had been laufu11y conveneal. In conclusion, the Government indicated that all the trade union
organisations in the country belonged to one of tro antagonistic Aroups rhich were
in pernanent conflict, proclucing situations rhlch are clramatic for human relations
antl f or the economic antl soci.al life of the country.
74. The Committee notes that the present case relates to a cllspute h,ithin a
tracle union organisation, the complainant contesting the representativity and the
legitimacy of the election of the persons registereil with the t{inister of Laoour as
leatlers of CEDOC. In general, the Committee consiclers that in such decisions the
authorities shoulcl refrain from any interference rhich would restrict the right of
organisations to elect their representatives in ful1 freeilom ancl to organise their
ailministration anil activity. r The Committee consiclers that it is not coDpetent to
make recommendations on j-nternal dissensions of this nature, except in cases rrhere
a government is alleged to have intervenecl in a manner uhich miqht affect the
exercise of tracle union rights ancl the normal operation of an organisation.
75. In the present case the Committee consiclers that the matters at issue
should be settled within the ccuntry itself with fu11 respect for the principles of
freeclom of association. In this regarcl the Committee consiciers j-t useful to point
out, as it has recently done in another casere that judi-cia1 intervention rould
permit a clarification of the situation from the lega1 point cf vier for the purpose
of settling the guestion of the leadership ancl representation of the tracte union
federation concerned. Another possible means of settlement woulcl be to appoint an
independent arbitrator to be agreecl on by the parties concerned, to seek a joint
solution to existing problems ane, i.f necessary, to hold nen elections. In either
case, the Government shoulcl recognise the leaclers clesignatecl as 1ega1
representatives of the organisati-on.
76. In these circumstances the Committee recommencls the Governing Body:
(a) to note that the case is essentially one of internal clissension vithin a trade
union fecleration;
(b)
to
attention to the principles anC consiclerations set forth in paragraphs
.74 ctraw
ancl 75 above i.ith a viev to settlement of the matters at issue, fu1l
account being taken of the right of organisations to elect their representatives in full freedom cithout interference by the authorities which r.roulcl
restrict this right or impede the lawful exercise thereof.
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77.
By a communication dated 30 Agril L977, the Pan-hellenic union of
r'lerchant llarine Engineers presentecl a complaint alleging infrinqement of tracle union
rights in Greece. The complainant organisation supplied additional information in
a letter dated 13 ,lune L97'l .
78.
The
texts of the above-mentioned communi.cations rere transmitted to the
observations by a communication received on 1?
Government, which fcrrardeil its
october 1917.
r See 83rd BePort, Case 418 (Cameroon), paras. 345-347; 155th neport, Case
843 (India), para. 4q.
2 165th Report, Case No. 843 (India), par:a. 46.
No.
-1279. Greece has ratified both the Freetlom of Associati-cn ancl Protection of
the Right to organise Convention, 1948 (No. 87) and the Right to Organise and
Collective Bargaining Convention, 1949 (t{o. 98).
80. In its communication of 30 April 19'17 the couplainant organisation
referrecl to events rhich, i-n its opinion, constitutecl a violation of convention No.
98, ratified by Greece. It explainetl that during L916 the employersr and seafarersl
representatives hail net to negotiate a collective agEeement for the crews of coastal
passenger steamers. The sterarclsr and engineersr unions, clisagreeing with the terms
proposecl by the enployers, hacl refusecl to sign the agreement. The stewarclsr union
thereupon orclereal its nembers to strike r dltd they all responcled to the cal1.
Despite this, the t{inister of the !tercantile Marine, by a clecision No. '10245/3918
dated 20 Uay L9''!6t laid dorn the terns ancl conclitions of employment of this category
of employees.
81. The complainant organisation uent on to refer to negotiations shich took
ptace in November 1976 uith Eespect to the crer,S of liners and l''lecliterranean cruise
ships. The terms proposed by the employers were unacceptable, with the result that
all the seafarers came out on strike. But once more the Uinister of the I'lercantile
Harine, by a clecision No.7OtO5l9043 dated 6 December L976, cletermined the terms and
conclitions of employment of the personnel concernetl.
82. In l,tarch and April 1977 , the employers ancl the representatives of the
coastal passengeE steamer crerls again eotereil into collectlve bargainS-ng. The
latter refuseal to accept the employersr terms, and the t{inister of the lllercantile
It!arine once again laiil clown the employment conclitions of these crerrs by a clecision
No. 701O4,22675 dated 13 April 1977.
83. The complainant organisation clainetl that all these tlecisions had
bargain collectivelY. The complainant
Eesultetl in an abrogation of the right tc
organisati-on acknorrledged that the l,!inistry I s decisions Here valid only until an
agreement sas ccncludecl through free collective bargaining. It uas convincecl,
hovever, that the employers were not interestecl in proceeding further !{ith
bargaining since the Uinistryrs clecisions had granted them atlvantageous teros.
84. In its comounication of 13 June L917, the complainant oEganisation
statetl that on 20 November 1976 the Panhellenic tlaritime !'ealeration hail signetl
contracts covering the crews of l7,ttleiliterranean cruise ships out of a total of 40.
These contracts were signed rhile a strike was in progress, and cther contracts xere
due to be signed for the remaining.ships. Horever, the l'tinister of the tilercantj.le
!,larine intervened by a tlecision, No. 1olo5/9o43. of 6 December 1976 prescribing the
con,litions of employment aboaral these vessels, ancl the afcre-mentioneal contracts
11ere annulled. The courplaj-nants emphasisetl t-hat the terns of employment fixed by
the t!inister of tbe t{ercantile l.!aEine rere less favourable than those establishetl in
the contracts. By way of an example, the complainants pointed out that t-he contracts prescribed a wcrking reek of 42 hours, whereas the rlinisterrs clecision has
fixed it at 4q houEs
85. In its reply the Government recallecl the terms of section 2 of lct No.
3O4 of 1947 rhich prcvides that in the event of a breakcloyn in negotiations betveen
enployers ancl seafareEs r.ith a viev to the conclusion of a collective aqreement, the
uinister of the Uercantile tlarine rnay regulate, rith the prior authorisation of the
Council of Ministers, the rages ancl conclitions of work of the seafarers concerneal.
These provisions rere applicable only in the event of delay in the signing of a
causing prejudice to the rorkers ancl their insurance funcls.
collective agreenent
The llinister r s ileci-slon ras provisional dntl ceaseil to be operative as soon as a
settlement rras reachecl betreen the parties. 1t dld not Prevent the resumption of
negotiations between the parties but, on the contrary, facilitated i.t.
86. Accorcling to the Government, the system hail frrnctionetl successfully uP
to norl ancl no reguest that it be changed hacl ever been made by the Panhellenic
!,!aritime Federation, probably because, i-n practice, the interests and rights cf seaailded that neither freeclom of voluntary
farers sere not inpairetl. The Government
I and seafarersr organisations nor freedon of
negotiation betreen shiporners
association had ever been j-nterferetl tlith or infringeil in anY manner uhatsoever.
The Government nevertheless stated that reforms in the 1au cn collective agreements
in the maritime sectot were Presentllt uncler consideration'
g7 .
Stilt according to the Government, the ninisterial clecisions nentioneil
in the complaint rere designed to protect the workersr interests by covering the
- 13 peEiod following the expiry of the previous collective
agreenent. Hotleverr the
fn fact, such ninisterlal
right to resume negotlations ras not restrictetl.
,clecisions ceasecl to be valid as fron the monent a collectlve agreement rras
conclucled. lloreover, there sas nothing to pEevent the parties to an agreeeent
signed following such a clecision from uaking its effects retroactive.
88. As concerns the collective agreenent for coastal Passenger steauers, the
Government statecl that negotiations had taken place ancl had resulted in a
settlenent. The collective agreeuent thus concluciecl had been signed on the
seafarersr sitle by the Panhellenic tlaritime Fecleration and ten seafarersr unions
affiliated to that organisation. It had not, horever, been signed by two seafarersl
unions likewise afflliated to the Panhellenic Maritine Federation, namely, the
Panhellenic Union of I{erchant l,tarine Stewards - oring to a tlj-sagreement rhich had
arisen at the last moment over a ninor poi.nt - and the Panhellenic Union of tlerchant
l,tarine Engineers. To eoable the members of these tro unions to obtain the increases
granted and their insurance funcls to receive contributions based on the ney Pay
rates, the llinister, rith the authorisation of the Council of llini-sters, had
extencled the coverage of the new collective agEeement to these categori-es of
personnel. The Government further pointed out that the previ.ous ccllective
agreement expired on 31 December 1975 and that the ttinisterrs clecision haC entitled
the persons concernecl to a retroactive payment of the pay increase as from 1 January
1976. The Government added that the extension of the collective agreement hacl been
generally looked upon as a victory for the rorkers, antl that three engineersr unions
other than the conplainant organisation had si-gned it.
agreement in respect of
89. As ccncerns the collective
liners anal
t{ecliterranean cruise ships, the Government stated that i-t had expired on 3O
s€ptember L9-16. the negotiations hacl not resulted in a settlement as to the terms
of a new collective agreement. fn oraler to protect the seafarersr rights, ancl in
particular their right to an extra month I s uages at Christmas, Deci-sion No.
70105//9O43 of 6 Decetsber 1976 had been lssued, with the authorisation of the Council
of l,linisters, to regulate the conditions of work of the categories of seafarers
concernecl. Subseguently, the Panhellenic llaritime Fetleration askect the shipouners
to resume negotiations, which finally resultetl in the conclusion of a collective
agreeeent applicable up to 31 December 1977. This agreement prescribed the same
rates of pay anil the same conclitions of vork as those established by the lttinisterrs
.lecision. 1t had been si,gned by all the seafarersr unions concerned, inclucling the
Panhellenic trnion of l,!erchant |larine Engineers, uhich hatl refused to accept the
llinister I s ilecision.
90. tturing the negotiations for the reneual of the collective agreement for
the crers of coastal passenger steamers foc 1911, the positions of the tro sicles
rere close, but no settlement could be reached. f'or the same reasons as stateA
above, the ilinister issued a clecision to enable the crerrst wages to be ailjusted.
The viewpoints of both sides rere r-aken into consicleration, as well as the general
national collective agreement for 197? signed by the General Confecleraticn of Labour
of Greece.
91. The Committee notes that the complaint is concernecl rith alleged
interf erence by the uinister of t he t{ercantile t!!arine in col-lective bargaining
through the fixing of rage rates ancl terns antl conalitions of employment for variou.s
categories of seafaring personnel. Accoraling to the complainants, the ilecisions
adoptecl by the l{inister const-itute a violation of Convention No. 98. The
Government, on the other hancl , consicters that these clecisions rrere aaloptecl purely to
protect the ri-qhts of the crers concerneil ancl t-hat f-hey cease to be appli.cable as
soon as an agreem€nt is signecl.
92. The decisions aclopted by the Greek Government raise certain issues shich
shoulcl be examinetl in the light of Article 4 of Convention No. 98 - ratified hy
Greece - which proviales that rrmeasures appropri.ate to national contlitions sha11 he
taken, where necessary, to encourage and promot€ the fulI tlevelopment ancl
utilisation of uachinery for voluntary negotiation betueen employers or employers!
organisations ancl uorkersr organisations, with a vier., to the regulation of t€rms ancl
conclitions of employment by means of collective agreementsrt. fn this connection,
the Committee has already had occasion to emphasise the importance it attaches to
the right of traile unions to bargain freely with employers vith respect to conditions of rork - a right which constitutes an essent-ia1 element 1n freeclom of
- 14 from any
I'urthermore, the public authorities should refrain collective
interference which woultl' restriit
the right of trade unions, throuqh
bargaining or other laufuL means, to seek to inprove the living antl rorking
conclitionl of those uhom they representr or impede the lawful exercise of this
right.2
93. In the present case it appears that differences of opinion between the
tso partj-es arose during the ne!6tiations, ancl that in the case of mcst of then
strikes were ca1led by un16ns representing different categories of personnel. In
the absence of a lettlement, the previous collective agreenents having already
expired, the llinister of the trtercantile llarine intervened to prescribe provisional
vage rates ancl concli tions of enployment. Accorcling to thet complainants, +-he ef f ect
trillingness to resume
of his intervention has been to curb the ernployers
associ-ation. r
negotiations.
94. The Committee consitlers it appropriate in thls case to refer to the
conclusions arlopted by the Tripartite- advisory r.{eeting on Collective Bargaining
(Geneva, tiay 19?6) on the subject of methocts oi handling disputes arislng ln
connection rith collective bargaining.e The ltleeting was cf the opinion that the
parties should attenpt as far as possibie thenselves to find a solution to disputes
to
arising between them. It furthLr emphasisell that the State shoulcl limit itself far
establishing a general framework for tire settlement of disputes, correcting as vith
as possible aiy inbalance of strength betlleen the parties, providing them
infoimation whicir coulcl be a so1icl basii for their cliscussions, ancl making available
settlement proceclures to which the parties coulil have voluntary recourse.
Furthernore, it Has necessary for the seltlement boclies to be conpletely indepenalent
of the governnent. The pariicipants in the !,teeting also emphasised that set-tlement
proceclures coultl be effective only if they uere simple, expeditious and as little
legalistic as possible.
95. Associating itself with the conclusions of the Trlpart-ite Aclvisory
{eeting on Collective Bargaining, the Comnittee consiclers that the bodies aPpointecl
for the settlement of disputes beiween parties to collective bargainirrg should be
in.lepenclent anal that recourse to the!e botties should be on a voluntary basis. fn
ancl
the present case, hotrever, the tlecisions to prescrioe conditions of emploYuent
ratei of pay iuve heen taken by the Government antl are hincling. The Commit-tee
nores, howevei, that reforms in the iar on collective agreeoents in the maritime
sector are presently uncieE consj.cleration. It considers that it is important- that
the Government shoulcl take into account, in this connection, the consiclerations set
forth above.
96. In these circumstarces, the Coumittee Eecommencls the Governing Body
(a) to tlraw attention to the principles an,1 consiclerations set forth in paragraphs
92 to 95 above ancl, in paiticutir, to point out that the bodies aPpointeal for
the settl-enent of disputes betreen paities to collective barEairting should be
inclependent ancl that recouEse to thele trodies shoulcl be on a voluntary basis;
(b) to reguest the Government to take these consiilerations into account in t.he
revision of the lav on collective agreenents in the marit-ime sector, not, under
consideraticn;
(c)
to draw the attention of the Committee of ExPerts on the Application of
Conventions antt Recommentlati-ons to this case.
r See, for
Report, Case
para. 13.
2 See, for
Report, Case
Tobago) r pdra.
65th
example, 52ntl Report, Case No. 2o2 (Thailand) , para' 158:
No. 266 (Portugal), para. 65; 1O6th Report, Case No. 541 (Arqentina),
ex
a
mpl e,
No.
5 51
L2c.
85th Beport, Case No. 341 (Greece) r PdEd. 186; 115th
(Cuba) I paia. 106; 118th Report, Case No. 559 (Trinidad ancl
3 See Bc!er!--9€--!!e--I+!et!+!9--A4yisesJ--g9e!illsl--9!-gsf19s!1ss-Ssrsaining,
paras.38 to 48.
clccument cB.2OO/8/23,
- 15 gese-!9,--gZg
ga!e!alu!_eBEEE!!E!_EI_M_!98!!_E!!ESAIIA!_9!
!BA-D!_!!I9 NS_AGAM !_3EE_s!-Y!3 ! gE UI_9E_!Is!!t!
9'l .
Tn a comnunication dated 23 llay L977 , the [or1d Fecleration of Trade
Unions submittedl a complaint alleging the infringement of tracle union rights in
Nigeria. The text of this communication !,as transmitted to the Government, which
sent- in its observaticns in a letter dated 13 October 1977.
98.
Nigeria has ratified the freedom of Association and Protecticn of the
Right to Organise Convention, L948 (No. B7) and the Right to Crganise ancl Collective
Bargaining Convention, 19q9 (No. 9e).
99.
In its coumunication, the I{FTU alleged that the Nigerian Labour Congress
the tracle union feclerations are r€presenteal - had been
unable to function properly since it was fountleil in 1976. Accorcling to the ?FTII,
the Governnent hacl refusetl to recognise the executive council of the NLC as electecl
at the constituent assembly. The Fecleral Governnent hacl, in fact, dissolved the
executive council of the NLC ancl appointed an Aclministrator to run the latter
until
its next congress.
(NLC) - a body in which all
10O. The {FTU alleged that, immediately thereafter,
leqal proceeclings rere
begun against certain traile union leaclers and activists elected to the executive
cor:ncil of the ner Congress. fn atldition,
several trade union leaders hacl, by
governnent decision, been barretl from traile union activities.
They were Michael
Tmouclu, llahab Gooclluck, S.U. Bassey, f.4.0. 0deyemi (treasur€rr of the Organisation
of African Tracle LInion ttnity) , B. A. Ramos, J.U. Akpan, P.S. f sag'14, J.D. orotunCe,
J.o. Adeniran, P.A. Nraneri, ancl J. Su1e. Tn conclusion, the !lf'TIl stated that such
action uas a flagrant case of i-nterference by the government arrthorities in internal
trade union affairs.
101. Before ansuering the specific allegations,
the Government, j-rr its
comnunication, ilescribecl the general pos:-ti-on nith regard to the Nigerian tracle
uniorr movement. A major development in the count-ry, it staterl, was the current
restructuring
of traile unions.
Accorcling to the covernln€Df- r the neeil f or such
action had been eviilent for several years anai the Government referred
to
recoumenilat-ions made in this connection followrng various inquiries and meetings.
It !,as in t-hat context that the Government had promulqated a decree (No. 44, Ic76),
whereby an Aclministrator of Tracle tlnion Affairs was appointed to rrencorlraget the
restructuring of tracle unions, rith a vi-eu to the emergence of stronq antl effective
trade union organisations. The Administrator was appoj-ntetl, the Government stated,
to create the necessary groundvork for the operation of bona fide trade unions in
the country antl not to run the unions. A goo,1 ileal of progress, the covernment
stated, has been macle in this direction.
After lengthy ccnsultations uith the
rorkers I representatives r aod account havi-ng been taken of the Government I s
political,
economic and social programmes, 70 trade unions had been recommended.
Action of various kinds rlas envisage,l, such as the election of the traile union
leaders by the uorkers, the convening of consti-tuent conferences, ancl the creation
cf a central labcur crganlsation early in 19?8. Steeri.ng committees ma,1e up of the
existing trade unions would produce constitrrtions for the ner unions.
102. The Gcvernoent also menticnecl the appointment of the Adebeyi Tribunal
a boarii of investigation into tracle union activities - that had been set up at the
reguest of the unions themselves. This Tribunal had been set up in the wake of
allegations by the rank and file of Niqerian workers of corruption and abuse of
office among leaders of the central labour organisations in the country.
The
Tribunal, it cleclares, was heacletl by a hiqh court judge, and provislons were macie
for persons whose activities were being investigateil to ilefend themselves with the
aid of counsel.
The report of that inquiry, according to the Government, had
revealecl large-sca1e corruption,
nal-ailminist-rar-ion,
abuse of
of f ice
anci
misappropriation of funds by some trarie union officiats.
103. As regarcls the allegation that the Government haC refuseal to recognise
the executive council cf the Nigerian Labour Conqress, the covernuent asserted that
it was the leadership of the NLC, rather than the covernoent. that created the
circumstances which maile it impossible for that organisation to pursue its mi-ssi-on.
Ihe GoveEnmentrs reaction to the creation of a central trade union orqanisation in
- 16 L976 had been quite positive, as it was thought that one central boily would put an
of central tracle unicn organisations. The Commissioner of
end to the nultiplicity
Labour himself had attendlecl the inaugural meeting. Subsequently, a spate of
in the ner
allegations of mass rigging of elections and slating of officers
the Governnetrt Hith no other alternative than to refuse
organisation had left
recognition of the union. Thereafter, j-t had proceealed to set up machi-nery which
comnanciecl the support of the generality of trade unionists for the restructuring of
tracle unions in the country.
104. Concerni-ng the allegation that certain persons, mentionecl by the 'vlFTLt,
had been forbiclclen tc continue trade union activities,
the Government affirmecl that
the findings of the Adebeyi Tribunal hatl been that the persons concerned had abusecl
The Tribunal had recommenilerl that they shoulcl no longer be allorred
their positions.
They hacl, accordingly, been proscribed
to continue their trade union activities.
from tracle union activities in the interest of public urorality anci accountability.
105. The Gcvernment concluded by statlng that it had iurplicit faith in free,
indepenclent antl efficient
tracle unions as instruments of economj-c ancl social
progress. It ardently hoped that the current restructuring exercise uhi-ch was in
its last stages rould ensure the development of a virile and effici.ent trade union
rlovement.
106. The Committee notes that the allegations relate to a refusal to
recognise the Nigerian Labour Congress and its executj.ve comnif,tee, the appoi-ntment
of an Adninistratcr fcr Trade Union Affairs,
anC a ban on further tracle union
by t-he officers of the Congress. It liketrlse notes that some of these
activities
matters ueEe consiclerecl by the Conmittee of Experts on the Application of
Conventions and Recommenclations at its session in !!arch l9-77 . I
1O7. As regarcls the Governmentrs refusal to recognise the Nigerian Labour
the Ccmmittee notes that Decree No. 44 revokes the
Congress and its officers,
registration of this organisation. Accoriling to the Government, this rras ilone
1n this connectj-on, the
because of irregularities
in the election of officers.
when
Committee considers that any action taken by the administrative
authorities
Hence, and to
election results "are challenged runs the risk of being arbitrary.
ensure an impartial and objective proceclure, matters of this kind shoulcl be examine,l
by the judicial authori-ties. The Committee further consiclers that the cancellation,
by clecree, of the regi.stratj-on of the Nigerian Labour Congress is equj-valent to
lissolution
of this organisation by administrative authority and, as such, runs
counter to Convention Nc. 87, Article 4.
1o8. Concerning the appointment of an Admiriistrator of Trarle Union Affairs,
the Committee notes that, according to Decree No.44, this person is calleil upon to
un,lert.ake on behalf of the tratle unions the duti-es normally performeil by a central
workers I organisation.
He is also requirecl to take such action as may be necessary
1-.e
to set up a si-ngle central organisation to uhich aII Nigerian unions rill
To this end, the Administrator is empowered to draft the statutes antl
affiliated.
electoral rules fcr the new organisati.onr and t-o organise elections in accordance
rith such regulations.
Both statutes and rules will have to be approved by a
congress of delegates. In the event of ilisagreement betrleen the Aalministrator ancl
the congress, the matter will be referrecl to the Commissioner of Labour, whose
ruling will be finaI.
109. The Committee ful1y appreciates that the Government is anxious to
promote the eoergence of a strong trade uni-on movement, free from the shortcomings
which result from a proliferation of sna1l unions. Howeveri as it has repeatedly
stated in the pastrz the Ccmoittee consiilers that in such circumstances it- is more
Cesirable for a government to seek to encourage trade unj-ons to join together
voluntarily
to form strong and united organisations than to impose upcn them b.v
legislation a compulsory unifi-cation rhich cleprives t-he workers of the free exercise
of their right of asscciation, and thus runs counter to the prineiples of freeCom of
association. Hence any reorEanisation of the traile unir:n movement should, the
t See International
Labour Conference, 63rd Sessiont 79'11, Report III
(Part 4A):
B9p9E!---9!--!!9--!S4s1!!99--9!--!r-p eE t s--e!--!-b9---gp-plrSe!r.pl--91--E.a!.se!! re!E--4!0
Beseqgggdelig!5, 1L0, Geneva, pp. 156-157.
e See, for example, 135th Report, Case Nc.
Report, Cases Nos. 668 and 73o (Jordan), para. 63.
677 (Sudan). para. 155; 147th
-17Committee consiclers, be left to the tracle union organisations themselves, uhile the
Aalninistrator shoulcl confine hinself to co-ordlinating the effcrts matle by the unions
to bring this about. The prerogatives conferreil on the co-orclinator should not be
such as to restrict the rights embodied i-n Convention No. 87 (Article 3) , according
to rhich employersr ancl workerst organi-sations are entitled to draw up their
consti.tutions aud ru1es, to elect their repEesentatives in fu11 freeclom, to organise
their atlministration and activities antl to foruulate their prcqEammes.
11O. tlith regard to the ban on further tracle uni.on activities by certain
trade union leaclers, the Committee notes that, before imposing the ban, the
Government appointetl a tribunal-, presitletl over by a high court judge, to inguire
into tratle union activities. This tribunal procluced a detailed report - r,hich the
Comnittee has examinecl - antl found that certaj-n traile union leaclers had been guiltv
It further recommencled that the persons in guestion shoulcl no
of irregularities.
longer b,e allcwecl to engage in tracle union activiti-es.
As a result of these
recommenclati-ons, the covernoent imposed the ban. In general, the Commit-tee feels
that particularly serious action such as that taken should be decirled by the courts
so as to ensure all rights of clefence. In thi"s particular case, the Committee
consiilers that it was for the ordinary criminal courts to pass verdicts on the
persons thus accrrsecl, in accordance tlith the Ia$.
111. Irr these circumstances, the Conmittee
Eecommencls
the Governing Body:
(a)
to point out to the Government that administrative cancellati-on of the
registration
of tracle union organisations runs counter to Article 4 of
Convention tlo. 8'l I
(b)
to clraw the Governmentrs attention to the principles and considerations set
forth in paragraph 109 above, anC to point out, more particularly, that traite
union organisations should be left free to reorganise the traale unicn novenent
themselves, and that the duties entrusted to an administrator should not be
such as to limit the rights set forth in Article 3 of Convention No.87;
to clraw the Governnentrs attenticn to the principles ancl consiclerations set
forth in paragraph 110 above, and oore particularly to the pri-nciple t-hat the
prohibition of tracle uni-on activities should be decided only by the courts in
accorclance nith the lar;
to note that Decree No. 44, cancelling the registration of central tracle union
organisations and appointing an Aclministrator for Tracle Fnion Affairs is being
consitlereil by the Committee of Experts on the Application of Conventions ancl
Recomnenilations as part of its regular examination of reports on ratified
(c)
(d)
Con ven
tions
.
- 18 v.
gasls-I!--EErs!-g!!- gagrr!!EE-!!E-B!ag!!!-rxSEBr-u-gqNq!!!Iq!s
EeEeE-IeE
=
-57?, -79.9., -992' -9.L9., -9.22-a!g--9!l
eqrplarEts_pBEE!!!E!_E:_!!r!BA!-!BA!!-qU9!-q3s!-UrEArrg-NE
asu!-sr-!!E-sgl EB!u !r!-9r-!!E-p!!r! rqa!-B!!!.E!.r9
LL2. The Conmittee has alreacly examineil several complaints of infringements
tracle unj-on rights in the Dominican Republic, presentecl by the iforld
of
Confecleration of Labour (!{CL) , the lIorld Federation of Tratle Unions (l{fTU) , the
Tnternational tletalwcrkersr Federation (fUF), the National Union of Heavy llachinery
Operators (SINOIIAEE), the National Fecleration of Dock$orkers, the Stevealoresr Union
(pOASI) anai the ceneral I{orkersr Federation (CGT). These complaints rere clealt rith
under Cases Nos. 6'12, 768, 8o2, 819 and 822. Ili-th regarcl to Case Nc. 572. the
Committee submitteci a number of conclusions to the Governing nody that aPPear in
paragraphs 114 tc 118 of its 131st Report and in paragraPhs 30O to 3L2 ot its 133rd
Report.r The Conmittee also examinecl Case No. 6'12 and Cases Nos. 768, 8O2, 819 ancl
822 in its 158th Report (paragraphs 300 to 332) in rhich it also submittecl certain
conclusions to the Governi-ng Eody.a
113. Since then, further allegations have been receivecl in connection rith
these cases. They have been macle by the Hf'TU (comurunicaticn of 6 .lu1y 1975), the
National Union of Telephone tlorkers (iommunications of 26 .iu1y 1976 and B September
the POASI antl the CcT (joint communication of 26 April L9'l7l ancl the CGT
L9'171 ,
(communication of 2 ilune 19'77\ .
114. The tlorld Federation of Teacherst unions also submitted allegations in
a letter of 19 lttay 1975 (Case No. 847) .
r9'17.
115. The
Government submittecl
certain informati-on in a letter
of 2
August
the Freealo$ of Association and
The Dominican Eepublic has ratified
of the Bight to Organise Convention, 1948 (No. 87) ' and the Right to
organise ancl Collective Bargaining Convention, 1949 (No. 9B).
115 .
Protect ion
A.
qesg-Ie:.-!f
AIIeselisq s-sr.eEi ns g-br-!!e-gess1!!es
r!_1!E_15!!h_3epe!!
2
117. The outstanding allegations in this case (contained in a communicatlcn
of the Ir'tF dated 12 June 1971) deal rith the arrest of !l r. IlbuquerQue, general
secretary of the UNACHOSIN union and of 39 other members of that organlsation.
118. The Gcvernment had replied that it had not taken action against- any
had been
tracle union leacler for his union activities anci that, if any official
deprived of his freedon, it sas for violation of larrs in respect of public orcler or
for comnon 1arl offences.
qese-.Ue,.--2.08
119. Several tra,le unions of the Dominican Bepublic (SIN0!'tAPE, POASf,
t-he National fealeEaticn of Dockr,rorkers) had alleged in communications cf 17
anil 8 November 1973, 1 l.lay and 20 August L974, that the trade union rights
pOASI Union had been violateil:
rigging of electj-ons with the assistance
CGT and
0ctober
of the
of the
r The Governing Bocly approvecl these tro reports at its 1B6th Session (June
and l8Bth session (Nov. 19721 , respectively.
2 The coverning
1s76).
Bccly
approved the 158th RePort at its
2OCth Session
L9721
(r'lay-i,une
- 19 authorities, occupation of tratle union prenises by the police (the premises of other
unions, such as Textil 1as l!inas, fAsACO, UNACHOSIN and CEI,IENTEBA, Here also
occupied), arrest of the principal union leaclers, preventing members from calling a
meeting of the general assembly, confiscation and utilisation of union funcls, etc.
120. In a letter of 28 November ).g75, a group of trade unionists calling
theurselves the rrmajcrity grouprr of the POASI union comnunicated the text of a
request aciilressecl on 23 November 1975 to the t!inister of Labour regarcling the
crganisation of elections withln the unj-on in accordance Hith the union statutes ancl
the Labour Cocle.
LzL. The CGT referredl to other clevelopments in the Dulcera Donrinicana firn of
BoloDotto HeEmanos and Company, in fndustrias Dominicanas and Conpany, in Los
Navarros and Company, and in Ray-O-vac Domicana Ltd: sacking of tracle unionists,
police J-ntervention, supply of firearns to an employer, attemFted murcler of a unioo
leader by an employer, etc. According to the CGT, the authorities hacl also set up
a para1le1 uni.on in Puerto cle Ancl16s at Boca Chica. The CGT also indicated various
measures that had been taken in this connection.
L22. The Government had stated that the POASI union hacl convened an orclinary
general assembly in accorclance with its statutes to elect its officers.
These
elections took place cn 2'l tlarch 19'73, uncler the supervision of of f icials
of the
Labour Departmentr ancl there had been no incident of any type. The officials
reporterl that the ba11ot haci taken Place quite normally ancl that the list heaclecl by
Domingo Suero had been elected. The Govbrnment added that it hacl never intervenecl
anci would never i-ntervene in the internal affairs of a union and that it
had never
impeded trade union activities.
CcnceEning the allegations regardi.ng the Dulcera
Dominicana firm of Bolonotto Hermanos, the Government stateil that the union of that
enterprise vas conducting its work norma11y, in accordance with the 1ar, and enjoyeit
facilities
made available by the employer for its meetinqs. Accoraling to the
Government, it ras untrue that dismissals hacl taken place in or:cler to hreak up the
union;
when the enterprise entled the contract of a worker, it did so strictly in
accordance with the 1arr. Regarding the other allegations made in this case, the
Government consiclered that they uere unHorthy of comment as they rrere inaccurate.
geEg-!9-,.--9Q2
123. The SINOI,IAPE ancl the IIFTU had alleged in communications of 17 and 3O
Septemher 1974 that the premises of the CGT had been stormed b1' the police on 15
SePtenher 19711 and that 43 union tlelegates and leaders of the CGT, including
Francisco Antonio Santos, Secretary-cenera1, Dlonisio tlartlnez, organisatj.on
Secretary, anil Agui16s !ta1eno, uember of the executive committee, had been arrestetl.
L24. The Gcrrernment had
macle
no specific
reply concerning this case.
EqEe-!9:--€f,9
L25. The SfNOUAPE ancl the ilFTL had stated in letters of 13 June and 31 .)u1y
1975 that three national leatlers of the CGT had been arresteal on 4 June 19?5 and
chargeil with activities prejudicial to state security:
Francisco Antonio SantosT
SecretarY-Generalrl Julio cie Pefla valdez, Training Secretary, and Eugenio p6cez
Cepeda, Claims ancl Disputes Secretary. The nFTU added that searches hacl taken place
in the homes of Dionisio [.lartlnez Vargas and Agui15s !,!aleno, I who rere being sought,
and that the police uere closely guarding the head offices of the ccT. Tn a letter
of 1o October ]-9'l 5t the I,IFTU hatl further stated that several tracle union leaders hail
been arrested arbitrarily
in August 1975 and that they included Juan vargas, general
secretary of the Naticnal Unj-on of Telephcne t|orkers.
L26. The Government hacl pointel out in t,wo communications, cf 9 ancl 1l
February 1976, that the tracle union leaders mentionecl in the comDlaints had been
free for over txo months.
r. See paEa. 123 above.
-20geEs-!g=-92?
127. In a communication of 14 November L9'14, the I.IFTU alleged that Florincta
Irluioz Soriano, regional leatler of the Federation of Christian Peasantsr Leagues, hacl
at Hato Viejo. Florinda t'luioz
been shot dead by a foreman of lanclcrner Pablo Dlazgho
Here refusing to give uP,
Soriano ras leader of 5OO vorkers anal their families
untler pressure from Pablo DLaz, land whi.ch they had possessed for over 50 years.
Pablo Dlaz allegedly employed the services of actual nembers of the police to
repress peasants in the Hato Viejo area. The complainant added, in a letter of 16
July 1975, that many traale union leaclers had been arrested, amongst them 17 Peasant
militants belonging to the Dominican Fealeratioo of Chrlstian Peasantsr Leagues
(affiliated to the Autononous Confecleration of Christian Tracie Unions) anal the
r)rgani-sation secretary of the central Azucarera caterey (affiliated to the sane
organisation). On 5 July l9'15, Dionisio Frlas, peasantsr trade union leader, uas
Febes. This crime occurred in the
a11egedly assassinatetl by lanclouner virgilio
district of El Cuey, in the province of Seygo.
128. In j.ts coumunication of 20 February L976, the Government had stated that
courts
had held several hearings cn the matter of the murder of Florincla l'luioz
the
Soriano antl that the case uas sti11 pending.
L29. In its general comments, the Government stated that Conventions Nos. 87
anal 98 were fu1ly respectecl in its country and that workers were free to set uP
their organisations ancl elect their representatives. They were merely required to
comply r{ith the provisions of Volume 5 of the Laborrr Coale (ccncerninq traale unions)
ancl with the aclministrative provi-sions set out in Resolutions Nos. B/64
(establishing antl regulating the reglstration of trade unions) , L5/64 (relating to
the creation of confeclerations) and,3'7/64 (t-o the effect that general assemblies, in
orcler to set up a union, elect officers, €tc., have to be certifietl by an lnspector
of the Labour Departm€nt) .
13O. fn its 158th neport, the Conmittee hacl noted that i-t had to deal lith a
situation rhich raisecl important problems as regards the basic principles of freedom
of association and which seemed to affect numerous Dooinican unions. The complaints
had been received from several national antl international tratle union organisations
ancl contained allegations regarcting the arrest or even tleath (or attempteal murder)
cf tratle unionists, the occupation of tracle union offices, intervention by the
public authorities in internal union mltters (particularly in tracle union elections
and the use of union funds) , attempts to break up unions (Particularly by the
clismissal of tracle unionists and the creation of a paraIlel union), and impeciiments
to the lega1 exercj.se of the right to strike. Although the Gcvernment had submitted
coilments anal information on several of these allegations, the Committee possessecl
insufficient information to enable it to reach conclusions regariling the substance
of the various i.ssues raised. ttoreover, it had alreacly examineil on several
occasions cases concerninq t-he Dominican Republic which contained allegations
similar to those macle in the present case.r In these circumstances, the Committee
ha,l consitlered that it would be very useful to apply the Idirect contactsrr proceclure
r see, for example, Case No.35o' B2ncl Report, Para. 65; 1o5th Report, para.
148; 11Oth Report, para. 117; 114th RePort' para. 272 Case No. .36o, 78th Report,
paEa. 171; 87th RePort, para. 164; 98th Report, para. 45; 1o1st Fepcrt, , para.
18; Case No. 411, 85th Report, para. 41; Case 'No. 566, 112th Report, para. 158;
116th Beport, para. 34; Case No. 718. 135th Report' paEa. 2LL; 137th Report,
para. l22i 151st Report' para. 69; 153rd Report' para. 99.
-21 (provitlecl for in paragraphs 2o and 2L of its 127th Report) rhich hacl been usecl
of occasions in the past.
number
on
131. On the recomnentlati-on of the Committee, therefore, the Governing Body
had reguesteil the Government to consicier the posslbility of giving its consent to
the carrying out of a stucly in the Dominican Republic of the facts surrouncling the
complaints by a representative of the Director-General, vho roulcl report to the
Committee thereon.
B.
!e!ss!-0eJefe.pseu!E
Bc:eres+aglres -s!- !hsss-sessE-!J-!!s-e9ssr!!se
L32. [s no reply hacl been receivecl from the Government, the Connittee had
invlted it, in Novenber 1976 ancl in February L97i, to give its early consicleration
to the request referretl to in the previous paragraph ancl to commrrnicate its ilecision
in this connection as soon as possible.r
133. By Dlay L9'l'7, the Committee had received no communication in this
connection from the Government. It therefore deciderl to apply t-he special procedure
provided for in paragraphs 23 and 24 of its 164th Repori. trnaler this oioceilure,
special mention hacl been made of Cases Nos. 672r 768,8o2, 819 ancl 822 Ln paragraph
14 of its 168th RePort and the Government hatl been immediately j-nformeil-ti:ai tie
Chairman of the ccmmittee woulcl, on behalf of the committee, make contact- irith its
representatives attending the 63rd Session of the Internaticnal Labour Conference,
clraw their attentj.on to the particular cases involve<i and tliscuss with them the
reasons for the delay in transmitting the observations requestecl. The Chairman ras
then to report to t-he commi-ttee on the results of such contacts. Hoirever, since the
Government clicl nct clesignate any representative to the 5 3rd Session of the
Conference, the said proceclure coulcl not be applied.
Ies-e1l9sq!re!E
13t1. In 1ts comnunication of 19 t{ay 1976, the {orld Federation of Teachersl
IJnions alleged that, in spite of the ratiflcation
of Convention No. 87, government
authorities
cleny teachers the right to join
trade unions vithout prior
authorisation;
they clo not offlcially
recognise the Domj-nican Teachers r
Associ.ation, refuse to negotiate working conditions lrith it ancl grant it no
facilities for exercising its trade union rights.
135. In its letter of 6 July 1975 | the r,tF?U listed the action taken against
several union leaclers , whose cluties it clescribect:
- expellecl from the country: Vladimir Blanco, Fernando ile 1a Bosa, Ef rain
S6nchez Soriano and Carlos T6mas FernAnclez;
- preventecl from entering the country after atten4ing an i-nternat-iona1 trade
union conf erence in Buclapest: ,Jos6 Crist6bal Dur6n;
- arrested: Juan Angel Santos Pefra (since January Lg'l4, although found not
guilty by the court of first instance) anil ,Jos6 Leonardc Enrlquez (arrested in
January 1972 and con,iemneC to eight yeaEs of prison uniler the false accr:sation
of having killecl a police officer; an appeal has been loCqed vith the sufreme
Court).
136- The complainants statecl that the police constantlv prevented the CGT
fron carrying out its activities: its premises had been stormi,a ly the police
on
various occasions; its leatlers t'rancisco Santos anil Julio de pefra2 ha,1 Uien f epi
untler arrest for 2o1 days; on 8 September 1975, the chief of police of the oominicin
Pepublic had sent a circular to the clirectors of the sugai refineries requesting
them to Prevent CGT militants from working in the suEar plants.
The llfTrl -fr:rthei
r See 160th Report, para.
2 See para.125 above.
12;
164th Repcrtr pdrd. 14.
-22recalletl that the prenj-ses of the POASI union hatl been occupied by the police since
October 1973 and that the uni.on rras unable to organise free elections. The
complainants added that the !!inister of Labour had j-ssued Administrative Resolution
No. 13,274 shich authorised the Government to intervene in tracle union activities
(see paragraph 139 below) ; the Supreme Court hatl rulecl that this resclutioo yas
il1ega1 but the authorlties continuecl to apply it. The IFTU finally listed a large
number of enterFris€s shere the selectj-ve dlsmissal of union leaders and militants
had taken p1ace.
137. In 1ts communicati-ons of 26 July 1975 ancl 8 Septeober L91'l , the Nat-ional
0nion of Telephone llorkers protestecl against the anti-union attitude adopteil by the
Dominican Telephone Company, a subsidiary of the multinational enterprise AngloCanadian Telephone Coopany. The complainants gave the names and union functions of
a large number of tratle unionists rho hacl heen clismissecl. Conplaints presented to
the labour authorities remainecl unansueretl. The National IJnicn of Telephone 9lorkers
further mentioned the arrest of Juan Vargasrl Secretary-ceneEaI of the organisation,
ani of another leacler, Ricarclo Borges; it added that, when the rorkers attempt-ed to
set up a picket in order to protest against the arrest ot the secretary-General, the
company cal1ed the police ancl threatenecl to dismiss those rho were protesting.
Accortling to the complainants, the company also refuseal to implement several clauses
- cited by the cooplainants - of the collecti're aqreenent. The wcrkers Here
al1eged1y Iiving in an atmosphere of fear maintaineil by the enterprise, uhile the
labour authorities took no action. Tn conclusion, the complainants requested that
a conmittee be sent to j-nguire about the situation of the Dominican trade union
movement as a uho1e.
l-38. In a telegram of 25 April 1977, the CGT and th e PO A Sf union dreu
attention to the arrest of Barbarln Mojica, a PoASI leader. The complainants
strongly urgetl that a mission be sent to inguire about the trade union situat-ion i.n
the country.
number of
139. In its comnunicati-on of 2 June L9'17 , t-he CGT listed
instances of violation of freeclom of association:
occupation by the police of the premises of the POASI union (see Paragraph 119
above)
;
cancellation of the 1egal personality of the Single "rorkerst ltnicn of the
(suhsr,liaries of
Central Romana Corporations anil Central Romana Bys Procluctos
the multinational undertaking GuIf and Hesterns) ;
refusal to recognise
paragraph 134 above);
offically
the
Dominican Teachers I
Association
(see
acloption of Administrative Resoluticn No. L3/'ltt accorcling to vhich qeneral
assenblies crganised with a view to setting up a unj-on, electing its executive
nith a feileration or
committee, modifying its statutes or affiliating
confetleraticn must be certified by an inspector from the Labour DePartment,
uhich entails the presence of officials at the assemblies and ren,lers the
validity of the clecisions adopted subject to the apPreciaticn of the
authorities;
government protection of anti-rrniorr practices i-n the multinational
unclertakings Gulf and westerns Americans, Falconbridge dominicana (rhich, with
the assistance of the poli-ce, have a11egedly put a stcp to the activities of
four union executive committees in the space of three years ancl, in the spr:irrg
of 19?6, ccmpl€te1y elj-ninateal the FalconbriCge tiners I Uhion) , Eosario
Bosaurce Dominicana (which preventel the setting up of a trade union) and
foreiqn
banks;
government interference
unions;
rith the rlght of agricultural rorkers to join trade
of traale unionists (see paraqraph 135 above)
140. The CGT also referrecl to the follouing facts:
bani-shment
r See para.
,1
ismissecl .
L25
above.
Juan vargas is
one
of
-
the
workers subseguently
-23- disnissal by Barcelo anal Coupany of 11 tratle union leaclers ancl 46 $orkers
betneen ? Uirch ancl 4 ltay 197?; as a resul-t of pressure being brought to bear
by the sorkers and by public opinion, the comPany indicated its intention to
re-employ the persons concernetl, but only on conclition that nev rrork contracts
rere clrarn up, that the collective agreeoent currently in force wuere not
applied ancl that the tracle union ceasecl fuuctioning; a1legedly, tle
Governuent tnerely ratified the dismissals antl accepted the conditions stated;
- clismissal in tlay 19?? by Productos cle Calco C. Por A. (Calponier) of the
founcler menbers of a union nhich was being set up; in spite of this, a union
sas established;
- disurissal by the Dominican Telephone Ccmpany (CODETEL), in December L9'15, of
leatlers of the National Union of Telephone llorkers, including iluan vargas uho
the
sas also inprisonetl for four months (see paragraph 137 above) ;
conplai-nants further mentionetl a campaign organise<l by the unclertaking to
discredit the trade union leaders, threats ancl pressure by the management,
legal
further dismissals antl the ploy clevisecl to make the tracle union lose itstrpublic
r€presentativity (by making certain categorles of the personnel
servantsrr antl thereby obliging them to leave the union).
141. The CGT emphasised that national legislaticn recognises freedom of
association ancl that tco 1974 rulings by the Supreme Court conilenn the intervention
of the authorities in the internal affairs of unions - such as the POASI. However,
the Government al1ors national and nultinational unclertakings and public
unilertakings antl aclurinistrations to ricle roughshocl over these reeognised principles.
The very }ives of the tracle union leatlers were in dangerr antl the conccmplainants
gave the names of numerous officials rlho hatl been assassinatecl since L967 , including
Florinda Soriano ancl Dionisio Frlas (see paragraph 127 abovel. The CGT also gave
the names of several tracle unionists who hatl been arrestecl, sometimes moEe than
once, r ancl added that .Ios6 Leonarclo Henriguez Torres (see paEagraph 135 above) andl
Juan L6pez uere culrently in prison. ft also gave the names cf a number of tratle
unions whose premises hacl been occupiecl by the police since 1967, one of Hhich - the
Falconbridge l,tinersr Union - had been occupied in 1c76. tina11y, the complainants
provided a long list of unions that had been eliminatetl. In the circunstances, the
CGT reiterated its reguest for a uiission to be sent to the country.
!e! gs!-rslsrsslrss-.s9ss! !ise!94
Er-!!e-qeseEsses!
L42. After referring to its previous communications, the Government, in its
letter of 2 August 19?7, statecl that it ras considering the reguest it hacl received
to accept the visi-t of a representative of the Director-General. It added that a
final reply will be given uhen it cas in the interests of the country to alo so.
143. Resolution No. L3/'14, continuecl the covernment, accorcling to which
general assenblies organisecl rith a viev to setting up a tracle union, electing union
leailers, etc., Dust be certified by a labour inspector, did not influence the
f reetlom of the rorkers to make their own clecisions. Tratle unior.s acquireil 1egaI
personalitv uhen they were registerecl with the Uinistry of Labour. An earlier
resoluticn along these lines had been repealetl anil this had given rise to
clevelopments rhich rere not contlucive tc the constitution of a tratle union, the
election of its leaders, etc.: false lists of signatures, lack of a quorum, etc.
Tracle union leatlers had objected to handing over their dutles to the neu cfficers or
had refusecl to clo so, alleging ba11ct rigging, etc. The Government conti-nued that
f-he lilinister coulcl not grant recogni.tion or allow the registration of a trade uni-on
merely on the strength of its orn assertions. The presence of a labour inspector as
an observer uas, in its opi-nion, the best way of avoitling cften violent conflicts
betueen union leatlers and of assessi.ng the situation correctly rhen the time came to
register the union.
144. Accortling to the Government, Barcelo and Company had invokecl article 59
of the Labour Cocle to tlismiss several tracle union leatlers anil workers (uncler the
terms of this article, either of the parties may termi.nate a contract for an
r These incluile Francisco Antonio Santos, Dionisio l,!aEtl-nez Vargas, Aquiles
tlaleno, JulJ-o de pefra Valdez, Eugenio P6Eez Ceped,a ancl Barbarln I'!ojica, ci.ted in
paras. 123, 125 and 138 above.
-24inclefinite period if he finds it convenient, ri.thout 91ving anY reason, even during
the suspension of the contract). The l,linister of Labour had strongly conclemned this
decision uhich broke the industrial peace and had brought Pressure to bear on the
un6ertaking to persuacte it not to nake unreasonable use of the provision referrecl to
and to re-eoploy the persons clismissetl. The covernueut pointecl_out, hoxever, that
it did not have tle power to force euployers to re-employ clismissecl workers ancl
agreement
tratle union leaclers. nith regaril to the violation of the collective conpetent
currently in force, the tracle union coulcl submit its complaint to the
body.
1q5. The Governuent also statecl that it had sent labour inspectors to
investigate complaints nade by trade unionists against Productos de Calcio C. por A.
(Calponier) ana CODETEL; it hatt also uritten to the uanageEent of these
rindeitakings in the strongest terns to ask them to Put a stop to the dismissal of
tracle unionists and tc the pressuf,e to which they rere exposecl, since the Governnent
flas obliged to ensure that freeclom of association is fully respect-ecl. AccoEcling to
antl influence of
the Government, certain employer sectors feared the infiltration
union leaclers nho obeyed-the ortlers of political parti-es which hacl been prohibited
Finally' in
because they attacked tire constitutional principles of the State.
connection uith the alleged elimination of certain tracle unions, the Government
stated that, for the most pirt, these organisations continueal to exist but that
their leatlers, uho hatl been influencecl by extremi-sts had been expelled by clecision
of the trade union meubers.
c.
Qsqqlgsiess-e.!-!!9-Esssl!!ee
1tI5. The Committee notes the infornation communicated hy the Government l,hich
recogaises, in particular, that, in certain untlertakings, practices exist that are
not conducive to the development of healthy labour-uranageoent relations antl to which
it cannot effectively put a stop uncler the legislation currently in fcrce. New
complaints have been receivetl containing allegations that are as serious antl as
varied as those previously examinect. It should be borne in mindr ooreover, that the
Committee of Eiperts on the Application of Conventions and Becommenclaticns has for
several years been making observations on the application hy the Doninican Republic
of Conventions Nos. 87 and 98, nhich it has ratified.
7tt7. The Comnittee regrets the Governmentts delay in acceiling to the reguest
ma6e of it to give its consent to the visit of a representative of the Directorceneral. In this ionnection, the Comnittee wishes to emphasise that the purpose of
the shole proceilure is to promote respect for tracle union rights in law ancl in fact,
and the Committee is confident that, it it protects governments against unreasonable
the
accusations, gov€rnments on their part ril1 recogni-se the importance for
protecti-oo of iheir own gootl name of co-operating with the Committee in every uay so
lirat :.t can examine the allegations fulIy and seek possible solutions to the
problems involvecl. In paragraphs 25 to 2't cf its 145th Report, the Conuittee has
iaid particular stress on ihe importance it attaches in this connection to the
ilirect contacts procetlure.
1q8. In these circumstances, the Committee recommencls the Governing Body:
(a) to urge the Governnent to give its consent rrithout delay to an inquiry into
the tracle unicn sit.uation being carrieil out in the Dominican Republic by a
representative cf the Director-General;
(b)
to reguest the Director-General to contact the Government at the highest
possible level so as to express the concern of the Conmittee and to insist
ihat the Governnent should give a favourable resPonse to the reguest made
above;
(c)
to take note of this interim report.
-25gese-!9",'.-29!
q9gE!aI!r_ gE!E!rr!! Er-!E!--ur-I3 Bu:-
r-u1!-B-83!
FEDERATION AGAINST THE GOVERNI.!ENT OF
149. The coomittee has alreacly examined
Sessi.on, lthen it submitted an interj-m report.
a further conmunication dated 1o February 1977.
r
l!-ua!
LIEIElA
this case at its November 1976
Since then, the Government has sent
150. Liberia has ratified both the Freedom of Association and. Protection of
the Right to 0rganise Convention 7 1948 (No. 87) and the Right to 0rqanlse and
Collective Bargaining Convention, 1949 (No" 9B).
r.
esspferge!!s:-e11ess!1-es!
151. The complaint- presented on 21 June 1974 by the j-ners ! Internat.i-onaI
Fe,leration (t{IF) referred to vari.ous inci-dents that hacl occurred at branches of the
National lline !lorkersr llnion.
l,!
152. In the first p1ace, the !,lIF alleged that certain ministers had decideil
early in 1974 that uaj.on funcls held by the management of the fi-rm of Lamcc shoulil be
releasecl to a person not authorised by the unlon to receive them. This person Has
in f act consiclerecl by the Nat.ional ine riorkers t Un j-on t-o have misappropriateil union
funCs on a previous occasion. The union had therefore requested the tt!inister of
Labour to ensure that the management did not hand over to this man the union dues it
had been holding f cr six months. The l,linister had agreecl to the union rs request.
Subseguently, oring to the interventj-on of the Government, some $ftl,O0O Here
releasecl for purposes not authorised by the union.
I,'l
153. In the second p1ace, the complainant organisation alleged that the
!,linister of Labour had appointed a chairman for the local unicn branclr f,or the Lamco
mines at Nimba. On 28 March L914. the management of Lamco cal1ed a meeting under
the chairmanship cf the assistant to the management to introduce the new officer.
154" Thirdly, the l,lIf allegecl that at this meeting of 2B lrarch L91 4 !,tr.
Daniel rJhern, a member of t-he National r.line tlorkers I Union, had raised an oh jection
to the presence of a management representative in the chair of what was supposed to
be a union meeting" tlr.'rihern ras reported to the Chief Justice, !,ho crdered his
arrest. He reuained in prison at least up to 23 April 1974, and uas then released"
Three other people uho hacl support.ecl him at the meeting rere clismissed fr:om their
jobs by the management"
155. Fourthly, the complai-nant organisation stated that ttre I'linister of
Labour had attemptecl t"o concluct elections to chanqe the officers of this union
branch. The National Hine Horkersr Unj-on and the Congress cf
Industrial
Organisations (C10) t-ook action through the courts to prevent thj-s and r-he court.s
supporteil them.
156. Lastlyo the complainant organisation allegecl that the !,linister of Labour
had persuaded some meebers of the unicn branches at the Lamco mines and the Liberia
!{1ning Company to d issocj-ate those branches f rom the Nat j-onal" t{ine t{orkers ! llnion.
The Uf f acl,led that ttre {inister of Labour had also banneci the of f icia 1s of the
Nati.onal Mine lforkersr Union and of the CIf'from going to these two mining areas.
The complainants specifi.ed that the ban had been in force since 2 March 1974 in the
case of the tamco mines anC since 20 Uay 1974 in the case of the Li!:eria tlining
Com
pany
.
1 See t60th HaFcrtr pelas. 2L9-21t1"
its 2o1st Session (l{ovemb€r 1976i "
The Governing Body approved ttris report
dL
-26;:i.
Goverggen!IS-SPPIY
rihj-ch enc]ose'l
l.5T" fn a com*unicatj-on ciated 2B lugust \g75. t]re r..lsvernment'
of al1 to the allegations relating
a number *f suppor:ting documents, replied first r:elease
of union funds to a perscln
to the.lecisirlrr ty r:ert-,l"itr ririni.siters l-c al1ou the
stated in this rCispect
Gave]:nment
|-hem.
The
iict aut'iii:ri'$e,] ]ry,|hil u*j.*r; t.r r*ceirre
chair:man oi
Hr ' Toweh
aqainst
CiO
the
by
1-o'3geci
har:.1
i:een
i,eint.
cr:mp
a
i,972
:n
t1"rat
'
r:harqing
t-he
CIO}
of
af{iiiate
lli*::keri'
Union
{an
tocal il,J" 3 of th.r: lilii{::r,l.,n.ri" Hine
'
by
commissione'3
hi.m *i+.h misappr:*pri.,.,,t.i*rr tt u:li-i-'l':u.n11s. An independr:nt acccuntantamount of
in
the
"$l
un:i'on
'foitrh
useC
had
'i1.,
ihi:i.
r;h:;.i
'lues
"l.6I
the fi.i{l had ersLaht.l
the
qitilr:ut ar-r-rrc-,ri-satj-r:t ;i , Ail j-n r,.r*l-i,,l,it.in!-ri i:eaftl comp[ j,:l j.il,-J re pf,esentatives f rt:irr
rciquestth€
at
branch
locaI
.rf
Lamco
to
the
!ias
ient
i.ahr;ii':-aird.,lriiit-ice
{ini-s.i:'rtes ,llhi.s
le.,: :r decid:d. Lira;t. this 'iias an internal unicn problem anil ref erred
of th(. r--Ifl.
the lar-t'r:r
[i:.1.i""i:.ri] lacL t.{} i::'j.: fi,l}., Tit vj"es of the masaPp::opriaticn of fundsr
tire .Lhe
a*d the
concernerl
i
ffiinistry
th;
d
to
j-onalappeale
lii;.r:n
ldc.-.'ir.r;i::
Irij,r:.,:'
.Ne*anrl
ircheck*
the
-under
,'f
coltrected
ues;
*anagenen*. of Lamc:r-r ,,,,d$ a$.(ri-'r r c hold- the union
Natic'nal
the
SuL'sequentlyt
ui-r"i j. i 1:ir tr :nattet uas resolved"
oIf {r s-vst,..:tr * in esr:1L;.)"d
had been f cutrl
i,li-ne i{i".lk-e rs r i.ir!:i.i:i:L j.ui:,i:::irr':ii :-ir:,-, iri.i,;: 'i,st::''i expli-citl-y t}rat flr. Toweh
that he :;irr:u}il
inriocer;i: fr i- it rp{;rlti.. lr .j- ;... ' . ..'- ,.,r- J:ir(} union .rn 31 August 1913 qinister
?rI1
of Lahour anrl
to the
therefcr:+ xr$t bi: ii,i-oi::i;(rrr.{:ii,. I let.ter addresied
Gcvernmeatrs
sj_grred i:1 t.hir.i* i..r-.:silt'i:.:, ,.i:ar.rrirr,i]r.irlg ir: guesti-on was appenoed to the
Of all- the
innocent
fOUnd
1-reen
1;riat
hai
Toweh
r.:,ilf,j;Li::'lf)i
Ur.
COmiltniCa'rilrr, -it
off the
cal.1
to
Labour
of
l{inistry
the
r.e1'fr ailainsr llr-rti' -j'i' ; i";r regr;ested
;h;;;;;
of Lamco' The Government haC done tiris
instr-'uctions it hi:.,i.'ij-,j'.lI;'r:o th,e nanJgementgithin
the tl nion"
in accor:,lance'*ir.h ?:h.e:ii.il ..lelidr:rirt3;:i: :; r:eached
1'-he wcrk of l-lie
1:'E. The Gcver-r!liieiri'r-'r;1::rill.r: fifi to state that in the course 6f
of the union
chairman
positron
as
Tcvehrs
i{r"
cf
t-eamu the .!..r:rla1l,::'''l
investigating
!{orkersr i-rnicfi aIl'1
branr.;h trac l:*r"-n 1i:+rstlctr13 be1. l; L1,'the CIo and the itational Sine was decided to hoiC
"ny tire ror:al ?iianch ii:i;f.ii..
i'lriI the agreement of the CI0, it
involved wanted 11r'
an eler:tiott iti orci'.:r-: t+ di:i.r-':' ir:rrie qhether or not the gorkers
the. eleC';ion
attenptS,
tive
abOf
seVeral
r:'?rc:":-,iir"inter
Af
li,L::i-.1
as
ri()tr!ti.iiite
TO,reh ta.
as
inistry
the
superv-lsion
the
under
wa-c fina-j-"1-y hei.,-l r:n.l.fr i)':r:trlrcr.!i;7?
?f
i{iilistry'
,lodeh
th€
bY
vinner
the
declarea
was
and
!r:)r]
.
i,ir.,
iiy
-i-aE'
stipr:ilateC
off icia.l.s wirc cr:ric1u,:ted rrrc, el*r:.t i":rr,
re iected the conplainants t seconrl ailegaticn ,
The Cove j:nin€)fit a-i-so
lI9.
"nit-r..*uo,ii-i''ia
uppointed a chaj-rnan fcr the tenr' lcca1
,:eayin|"''inui th;";{;,;,;,;,;;,
staqed i-^y the- emploYees of the
branci:, ,i,r-.ldd,r:rl t-iiat il rr:ti.ii.i.i;lri:i.Liegatr- strike,
of tire Presiilent the Hinist-r:y ot'
direciive
the
ilpon
1.q',11
:.is1ert.aki.n q o1 ZZ le-trruarli',,;*r;pt ,
owing to t-he uiirest at Lamctl
act.ivities,
ii,1 i11 union
Lanour *a"s :-nstrur:tiC to
arrlithedi.salaSlr*{t"hej'oi;a-ibr*i.tch,untilt'heworkersreturnedtoHorkaneltlre and secietary of,
sitrratir:n rsturtl€ii tc n*irluJ., ?he chaii:man, first- vice-chairman
Some tj-me
i:he 1oca"L ilrr-nch $ere i;rls.:re{r.i1 i:,-1- lret:ause of their role (lnirr the strike" cont'i'nued
the
1974'
21
l{arch
was
lift-ed.
IcrLvj.ties
utri.oir
{)n
t-,he hi,tc
later,
.;o?oi;rme$t.,thel{ai'-i..onr.l.!n:i-r{l'tJ$rl'-.3rsrUnioninfcrme'litofit::intentiont-oappoiitt
until an electicn could he
a ca:"ei:..rkej: til l{lci( after'+-he a.-llriirs cf the 1oca1 branch
Has not neces"iarY
appointment
such
an
that
rcI:;j.dered
{r+1.d" The rji*istr:y of i,i:hcr:;;:
ouly elected offj-cers thc iiad
an,i tha'i:,. *,, p.or.i"d*ci i-a tl:<,r nl'ticn constitution, the
OPerations' The lfinistr:y
ilOt- be€n:;,;r:penie,3 shC'.i.i"ri cqltiL-l.lill';, t0 Carry On the UniOn!s
ilnion
t-hat it had appointell
$orkerst
I1,,,,liat-:i.onalMine
al;o ii.eilj.eii tne ccnl:.en{..i,-r-:ri: i:-..
tlr' Nab}ie '*a's ttro
branch'
1oca1
the
Of
irltr,r.i.tl;|riii"rBan
tiai:re,:'r
ii-ai:hiin.iel
a flr"
the LamCo l{orkers
of
charge
in
therefore
Has
and
duiy elr.rr:f-ed sec,Jr:A vi.r-:e-i:h.ll.i..'l:nair
the pcsi"t-ion Of
-+ rs!iChrlnarr. Hhcl S€r:e g!{ijl;i:drr t::j. r.:he 1Cca1 branCh" Hr-- haci aSsUmeCsoT
tl:.-tI?^:"*:r. I
Even
.
Here
suspendetl
*i,l
rcn,rff:-cers
rir.iiol,
chairaian a,fterthr:
!{as ior ttre
it
that
itatinq
1914
at**'-rinirLe:: r:,i Li;1r,.riii1 oB.2 ApriJ;;;i';;-i"
election'
the
until
caretaker
i.*mpo!eEy
i-1i,
,.r
1!i,).:i:r,.rit
cfricers
i.emair,irrg
rlrj.::11 a1-legation, concerni-ng the arrest cf 8r" Daniel.
Xi.tt';clli.ii:i
Ii(].
+:
rlt-her peratons, the Governtnent explained ttrat , the
il'hilrr ;rttI. the iiis:*i.ssii':.
ii-,,: had bLen detained and held fcr prosecut"ion- These
ins.ti.ga"ors of *.he il-i.i ria I
,.r,,r, vlere informed that thel should::efr*inj'c f:rcut
:Lnc.1i.i:iril.
uiic
cersons n
t.he
of th'eir role
rl.i:l
.i^";j^es until the investigatiou
nar:tici.t)ati.on i-n :i11l'
as
enfln
uieet'i'rrq
qr,ring
union
a
Lo
hy
ban
ri,r.ri: -i.cl ihis
>tr:i"ke was corln.i.il t.t-ri '
11
a f esul-t-, ir: +'-is
i.'ri..
I i;l.
lliio Gorilll i
eiecircn i.c.r: Lhe pt.i:'f"
thti r. : f
;;
aS n,j l-
CC11
il
i
r,r-.1 that the 't'tinister had attempterl to coildl]c1-- 3i]
;:iJ \:h.e of f icers of the unir:n at Lauico, ani s+-a i-€!'1
lirrt action on sur:h a gr:ound.
,:
-2'lmembers of the union
162. The 6overonent further denied having persuacled some
themselves
clissociate
to
company
uining
Liberia
the
ancl
mines
Lamco
at
the
branches
L974, it aclcleil , it had
fiom the l{ational !{ine i{orkersr Union. On 25 and 27 February
of the National lline {orkersr
ieceivea copies cf letters adtlressecl to the President
rished to rithdrar their
they
that
indicating
3,
1
and
Union by tocals Nos.
membersiip from that organisation because of its failure to take action with respect
Iacking
io certain grievances. The l,!inistry cf Labour founcl the procedure employed
and expressetl
disaffiliation
in many respects, refused to accept the petitions for
by referendum. The
the vie,. ttrat such a funtlauental move had to be settlecland
on 10 l'lay 1974
Company
l{ining
Liberia
at
the
1974
I
May
referendum sas held on
at Lamco. Over tnc-thirds of the union members voted ln favour of disaffiliation
from the National Unicn.
the
163. Finally, the covernment denied the charge that it hadto bannecl
the mining
officials of the-CI0 ancl the National !,!ine i{orkersr IlEion from going
ef fective f rom 2 arch L97tl t
areas. As regarcls Lamco, rhere the ban was supposedlybeen
allowed to canvass freely
had
organisations
tro
the
statetl
that
Government
the
or management. On the
nithout any coercion or interference fron either Governnent
day of tire referendumn their representatives rere j-n fact present. With regard to
Union from the
the alleged banning of officials of the National f'line Horkersr
tiberia gining Company as of 20 !,ay Lg'lt+ | the Government pointed cut that the
referencluur had been held 12 tlays earlier and that this union had thus ceasecl to
represent the ucrkers. Accorcling to the Government, their Presence rould have
seived no useful purpose ancl woulcl have been 1ike1y to disrupt inclustrial Peace" fn
conclusion, it stated that it was auare of its connitments under Conventicns Nos. 87
ancl 98 but that it could not pernit selfish ancl clisgruntled leaclers to disrupt t-he
peace and economy of the countrY.
r'1
164. In view of the contraclictory nature of the allegations made by the
complainants and the reply of the GoveEnment thereto, the Committee, at its November
1975 Session, Ceci tled, in accordance with 1ts established proceclurerl tc transmit
the substance of the observations made by the Government to the complainants for any
comments they might wish to make, on the understancling that the Government would
have the possibility of replying to these comments.
rrr
.
349i!i9!a-1-sp-Bssl!E-sc ge--iiJ-!!s-s g.uplc
rlel!s
155. In their additional comments, clated 1 llarch 1916 | the ccmplainants
statecl that no unicn meeting hacl ever been held to request the {inister to cancel
his instructions to Lamco to hold union funcls. Accorcling to the complainants no
had macle or approved any such request. The l{IF also
national unioa cfficial
referred to the fact that the President of Liberia had subsequently orderel the
arrest of [1r. Toveb for misappropriation of union funds. llr. Toreh had since
appeareal in court, and tras on bai1.
166. Eith regard to the allegations relatj-nE to the appointment of a union
officer
by the Minister of Labour, the qfF explainecl that the latter had banned the
CfO and the Nt'lfu fr:om the area covered by Local No. 3. This led to a protest hy the
The Presldent summoned them to a
tuo organisations to the President of Liberia.
As a
cahinet meeting, where they uere able to put their case very forcefully.
result, the President ordered the lllinister to lift the ban. It Yas sirortly after
of LocaI No. 3 by
this inciclent that the llinister appcinted !'lr. Nabwe as chairmanquston,
assistant
fn orcler to read this letter to the xorkers, l'!r. Burgess
Ietter.
to the general manager of Lamco, cal1ed a meeting, which he chaired. This led to a
protest by a cross-section of the ucrkers because theY thcught this Has undue
The National Hine
interference by Governnent and management irr '.rnion affairs.
r{orkersr Union insistecl that the Fosts of first anal second vice-chairman Bere vacant
r 5ee the Committeets l.2'7th Beport, para. 15.
-28that the Governuentat that time. The conrplainants added that it was siEnificant
had offered no comnent whatsoever regartling the complaint that a meetinq ailout a
union matter hacl been ca11ed by the management, with a manaqe&ent representatave in
the chair.
L67. As regarcls llr. Daniel l{hernrs arrest, the complainants stateil that- his
detention had been ortlered on the pretext of his being an instigat-or of the strike.
The real reason for his arrest. hcrever:, Has that he ras a suppcrter of the Niit,ional
t!ine Horkerst Uoicn and a likely successoE to l{r. Toueh if a union election hatl been
llr. !lhern had protested
proper tioe. In addition,
held at the constitutionally
against l!r. iluston I s presiding ovet the meet- j"ng ca11ed to introduce a unicil cirairman
l{r" Toweh, who hacl also been arrested folloling the
not chosen by the workers.
flas a
February strike (and nho wasn in fact, the real instigator of the strike),
prosecution rlitness against l{r. tlhern in Lhe case connected vith that str:ike. Mr"
It Has interesting, stated the complainants, that
Whern $as eventually acquitted.
since the crisis of 19?4 no union electi.on had been held at Lamco" As Eegards the
by l'1r'
,lismissal of three other people who spoke up against the acticns cri-ticised
thern, the complainants noted that the Government had offered no comment what-soever
on this matter.
158. Regarding the Hiilister cf Labourrs attempt tc conduct a union election,
the tlIF cleclarecl that this particular act of interference had occurred at the Bonq
The courr.,
i{ines and involved Local No. 4 of the National l{ine !{orkersr IInion.
actj-on referred to began uith an applicaticn filed on 8 |,1arch 1974 by the National
Circuit.
tyine $orkersr Union, Local No. 4t in the Civil LaY Court, Sixth Judicial
r,lontserado County, f cr a prelimi.nary in junction to prohibit the Eini-stry of i.abour,
youth ancl Sports f rom conducting an e lectlon of of f icers of LocaI lilo. 4 at the Eonq
llining CompanY.
169. f,ith regard to the withdranal- of the Lamco branch from the NationaL !{ine
,,Iorkers I IJnionlCIO, the conr plainants stateil that court action had been undertaken
against the Minister when he organised a referendum with this encl in viev. But
of
after the court order had been serveC" the Chief Just-ice of the Supreme Court t-he
to represent
t,j-beria ordered j"t tc be stoppeo. The election of an organisation
workers (collective bar:gaining representation election) qas then held withcut the
NltitU or any other union of the (-'I0 being allowed to participate.
170. The complainants stated that the Governmentr s clalm that, since the
it tlas therefore necessary
unionrs rules laid dcHn no procedure for disaffiliation,
The unionrs constitution
to eoniluct a referendum on the r;uesticn, lras unjustified.
of local branch unions because it was the
ma3e no provisicn for the disaffiliation
individual members who joined the union, not the group. This pract-i.ce was gcverned
by the Labour Lavs of Li-beria, Part vIT, Chapter 4O (Labor Organizations:
negulation of lnternal Affai.rsn section 470O, subsection I4, paqe 138).
1?1. The complainants considered that t"he rlevice of a referendum to det-er:mine
to a nat-iona}
whether or not a 1oca1 hranch of a unicn should remain affili-ated
runionr or, through the national rrni.on, to a national centre, was inappropriate, and
The
int.o the conduct of union activiti-esin itself constituted an intrusion
referred to
complainants alleqed that repeated use of this r.eapon since the eventsthe
present
in the complaint indicated tha.t- the Government vas at-tempt-ing to change
unicn.
of
the
leadership
structure ancl
:-' 2. The complai"nants added that the collective agreement bet-Heen Lamco anal
Nl,!0Ll Local No. 3 had been due to expi.re on 3O t'lay 1974. In a let"ter aridressed to
contlnued the
the CfO by the Minister of State for PresiC.ential Affairs'
complainants, the l{inister had in f ormed the CI0 that he had ilirected the I''linister of
1974 rn view of
Lab6ur, youth and Sports to hold a referendum on or before 30 !'laY
the desire of f,oca1 No. 3 at Yehepa and Local No. l at the Liberia r'tining CoinpanY to
,lisaffiliate
from the CI0"
1?3. In ailtliti.on, continued the ccilplainants, F1r. Nabi{€, who had been imposerl
on Local No. 3 as acting chairma.n, issued an appeal to vcte against remalning
to the Nut4lllcT0,, ald" following the rerferendum, he informed the r{lnister
affili.ated
that a new union, of nhich ho lna.; acting president, ha,1 beern fr:rmed, and worllil apply
for recognition.
-29'
174. The complainants further alleged that, as regarcls the collective
hargaining representation election ot 29 irune 1974, the l{inister of Labour, Yout-h
ancl Sports had refusetl to al-lor the {tt[{tl to participate since t-he Horkers hacl votetl
against continuecl affi.liation to this union in the aforementionecl referenclum. The
llinister rrrote t-o rra group of rorker"tt 4f- Lamco informing theu of the sitrration as
regards the I{UIIU and pointint- out that the workers were not therebv preventei fron
forming another union or organisation to participate in the representation election.
1?5. Iccording to the complainants, the Government hail also refuseil to al1or
t-rro other CTo affiliates to participate in the representation election (nanely the
tlechanics anrl A11ied llorkerst Irnion ancl the National Transport antl eneral workers t
r-rnion)
.
L'76. The complainants added that sinilar events had taken place in 1q74 anal
at the Bomi antl Bong llines of the Liberia tlining Conpany, involving alLegations
of nisuse of union funcls, moves by Iocal union officers to disaffiliate their locals
fron t-he national union anal reguests for referenda at a t-ime nhen negotiation of a
ner collective agreenent ras clue.
1975
*
*
l7'1 . Despite repeatecl reguests bv .the Commj-ttee, the Governnent had supplied
no observations on the comments made by the complainants r.hen the Commi.t-tee exaninecl
the case at i"ts November 1975 Session. At that time, the Committ-ee recommencle,l the
Governing Boclyr inter a1ia,
to note that the allegations made involved a number of principles relating to
the free exercise of tracle uni-on rights, in particulaE the right of sorkers to
establish and join organisatj-ons of their own choosing (including feilerations
anal confederations), and the right of workerst organisations to elect- their
reoresentatives in fu11 freeclon, anal to organise their a4ninistration anil
activities ancl forurulate their progranmes without any interference by the
public authorities - rights guaranteed by the Freedom of Assoeiaf-ion anrl
Protection of the Right to organise Convention, Ic48 (No. 87), ratified hy
Li beria :
to i-nvite the Government to transmit, as a matter of urgency, the observations
reguestecl from it.
rv.
Go
ve En m enllg_f
eplf_lq seqplelseslsl-ag4ilrssel-sslsEe!!s
178. In its conmunication of IC February L97'1, the GoveEnment confirms that
the decisicn taken by the tlinister of Labour to allorr t-he release of union fUnds sas
baserl on a co[munication from l,tr.,Joseph Toweh (Chairman, Local No. 3, National Iine
tdorkerst Union), l*tE. Imos Gray (Secretary-General, CIO) and !tr. Alexancler Kara h
(Secretary-Genera1, Nat ional !,line rlorkers r IInion) .
A copy of this letter is
aopentletl to the Governmentts communication.
179. t{ith regari to the allegations relating to the appointment of a union
cfficer by the tlinist-er of Labour, the covernment ctraws at.tention to its earlier
statements with reference to the strike of 22 Febrrrary 1974.
18O. The Government likesise refers back to its earlier observations rrith
reqard to the detention of l1r. Daniel r,lhern. As concerns the rrorkers dismissed, the
Government points out that these persons vere the major instigators of the illegal
strike at Lamco.
E-25811- 3B: 34
- ]0 bY the ttinistry
IBI. l{ith regard to the allegations relating to the attenPt
rorkers of the
that
the
states
GoveEnuent
the
electiois,
of Labour to contluct union
tlo precisely this
National l{ine norkersr Union Local No. 4 requestecl the ttinistry to
a copy of the lettei requestinq that an election be heltl).
(the Government appentls
at this local since
it rras claimed in this teiler that there hatl been no election
there hacl been no election there since
its creation. An investigation revealecl that
Parties concernetl llere
1968. The localts reguest was accorclingly grante(l and the
by the Labour Lar. The union'
authorised to hold their election is- prescribedlar,
scheclulecl elections not
i"uii"ing that it had violated the provisions of the
National l'line Workersl
only foi Local t{o. 4 but for ail the other locals of the
the
rlnion. The Goveronent appends to its comnunj.cation a letter atltlresseilofbYthese
dates
the
specifying
chairmen
loca1
the
l{orkersr
to
all
Union
National ltine
the GovernDent, the
different elections. After the election tlate sas set, continues
woulil not be
re,Juested
had
they
election
the
that
4
realised
No.
officials of Local
in their favour anct appJ-iecl for an injunction against the t{inister of Labour aimecl
at stopping the election.
the Governnent
Ig2. AS concerns the various referenda 1rhich were contluctecl,
the
fact- that the
confirm
complainants
the
points
by
raisetl
consicters that the
xith regard to the
referencta rere necess"iy to quelJ- internal union conflicts.
Transport
protriUiting of the ttechanics and Allietl Horkersr Union andl the National
election, the
ind Generai rorkersr Union fron participating in the representation
betveen the unions affiliatecl
Governnent refeEs to the division of rispontibilities shich
clearly clrcuuscribes
ionstitution,
the
latterts
prescribetl
in
to the CIO as
the CIO tloes not allor the
the functions of each union. The Constituti-on of
Itechanics and nllied norkersI union to concern itself rrith union affairs connectetl
with uines. This likerise explains rhy the National TransPort anal General llorkersl
Union couLd not be included in the ballot for the rePresentation election.
V.
carefully the complaint antl atlditional
1g3. The Comnittee has examj-ned
I
Fecleration ancl the Governnent I s
International
the
l,liners
by
subnittecl
comoents
to refer to various oatterS
aPPear
allegations
replies thereto. The courplainantst
reievant to the exercise of tracle union rights:
of trade union funcls to a
- intervention by ninisters to a1lor the releasethen;
person aot authofised by the union to receive
- the appointnent by the t{inister of Labour of a tEatle unj.on official;
- the arrest of a tracle union official and the ctismissal of other rorkers;
- an attempt by the llinister of Labour to conaluct union elections;
- intervention by the llinister of Labour to incite a union branch to
disaffiLiate frc[ a national union;
- prohibition of access by trade union officials to mining areas;
of
- prohihition of participation by certain unions in an election
iepresentatives for coLlective bargaining PurPoses'
ministers. to
1g4. Itith regard to the allegations concerning intervention_by
authorisecl to receive them,
a1low the release"of trade union iunds to a person not
tlecision to this effect
the Connittee notes that, accordi.ng to the Governnent, the
ilone.
11as taken upon receipi by the ltioirtry of a letter reguesting that this be
a coPY of
The Conmittee further notes that the Goveinment has furnishecl as evitlence
Union and
this letter, signecl by officers of Loca1 No. 3, the National l'line ltorkersr
acteal in response
the CfO. It therefilre appears that on this point the Governnent
and did nothing that
to a specific reguest from lhe leaders of the unions concernecl
rights.
union
tracle
of
was inionpatible rith the free exercise
appointment by the
185. I{ith regard to the allegations relating to th9
l'tine ilorkersr Union, the
Uinister of an officer of Local No.3 of the National
question, -l{r'
Comnittee notes that, according to the Government, the officer in
election,
previous
the
at
local
of
the
Nabre, had been eLected "."on6 vice-chairnan
E-2584-38:34
-3Lit was in this capacity that he took over the chairnanship after the chairman
anal first vice-chairman had been suspended from therr tluties because of their
activities in connectioh with an i1lega1 strike. The complainants, horever, claim
that it was for the remaining officers to appoint a caretaker to run the uni-on until
a new election could te held.
186. liith regard to the allegations concerning the arrest of litr. Daniel
llhern' the Committee notes the Govern[entrs statement that this neasure cas taken
because of his role in the i1Iega1 strike. The Conmittee nevertheless notes that,
according to the complainants, !1r. Daniel Ilhern ras arrestecl because he was a
supPorter of the Naticnal ltine liorkersr Union ancl a 11kely successor to the chairman
of Local No. 3 if an election haci been held at the constitutionally proper time.
The Committee further observes that, accortling to the complaj-nants, no electj-on has
been held since 1974. Lastly, the Committee ootes that, according to the
Governnent, the tlismissal of t-he vorkers who haC suppoEteal ilr. whern uas due to the
fact that they had been the instigators of the illegal strike.
187. With regard to the attempt by the tlinister to conduct an election at
Local No. 4 of the National ltine llorkers t IInion , the committee notes that, as proveal
by the text of a letter supplied by the Government, this election had been reguesteal
by vorkers belonging to the local. The union began to make preparations for
elections, but subseguently it obtainecl an injunction ordering the uinistry of
Labour to call the elections off.
188. The Committee notes that the Government clenies having persuaclecl certai-n
members of local branches to withdraw these branches from the National !{ine llorkersr
I.tnion. The Government states in this connection that it refused reguests for
disaffiliation submitted by cert-ain loca1 branch chairmen as it consi-clered that such
an important move shoulil be made only after a referenclum haC been helil.
In this
po11 the rorkers voteal in favour of withdraral fron the National tline Ilorkersl
Ilnion. The complainants, for their part, consicler that the organisation of such a
referendum consti.tutes interference in trarie union activities.
Tt further appears
fron the complai-nantsr additional com&ents that simllar situations subsequentty
arose in other nines in the country.
189. Hith regard to the allegecl banning of representatives of the CfO anil the
National t'!ine 'dorkers t IJnion f rom enteri-ng mining areas, the Committee notes that,
in the case of the Lanco mine, the Government states that representatives of both
organisations uere present during the referenclum, and that in the case of the
Liberia Uining CoBPanv, the Government clains that the National !,tine llor:kersr Union
no longer rePresented the rorkers ancl that the presence of its representatives woultl
have served no useful purpose and uoutd have been likely to disrupt industrial
artd
peace.
190. I{ith regard to the prohibition of participati.on by certain unions in the
election of representatives for collective bargaining purposes, the Committee notes
the Governmentr s reference to the constitrrtion of the CfO, which clearly
circumscribes the functions of each union, as a result of which the rjnions mentionetl
bv the complainants (uechanics anil transport workers) are not a1lo*ed to concern
themselves uith union affairs connected with mi_nes.
191. To sum up, the Ccmmittee consiilers, as regartls one of the allegations
maile - that concerning the interventj-on by certai-n ministers to a1low the rellase of
union funds to an offj.ciat - that the Government acted in response to a request fron
the unions concerned, antl that i-n consequence its action tloes not constitute an
infrinoement of tracle union rights. As concerns the other points raisedr 01 the
other hand, the Committee must observe that the situation appears to have
been
rather corrfused anci that the statements made by the complainants ina Uy ttre Government- are sharply contradictory in urany respects. The lssues rai-secl - in particular
in the case of the appointment of an interim chairman of a local brinch, the
organi-sati-on of a unj-on election, the vithdrawal of 1ocal branches from a national
uni-on ancl the prohibition of access by tracle union officials to mining areas - are
essentially concernecl with interference by the authoriti.es in the activities of
mining trade union organisations. Tt wouId, in fact, seem that some of the problems
mentioned. by the ccmlainants have arisen in several organisations in the mining
industry, and thus appear to give rj-se t.o a wi-der pioblem. l{oreover, it
not
clear to the Comnittee Bhether the matters raised have been settlecl or if isthese
issues are sti11 outstanding.
L92. Beari-ng all these factors in mind, the Cotsmittee is of the opinion that,
in ortler to estab.Lish the facts and seek possible solutions on the spot, it rould
be
-)/''
rhich has been usetl
very useful to have recourse to the direct contacts Procedure
20 and 21 of its
paragraphs
in
provicled
foi
is
past,
which
anil
several times in the
127th Beport.
Governing Body to
193. In these circumstances, the Committee recommends the
representative of the
request the Government to give its consent to the sending of aon
the spot anil report
Diiector-General r-o Liberia to examine the facts of the case
back to the Committee.
EeseE-[ec,.-92f .-.959-aq0-92!
ge!arul5-PBESEXrED-Er-I gE--NArr,9XA!-lI{rA!=9I -!9EIA!
--sEelBiu-lEElq:eEE.-rsE-sEr!3a!-serrEBEE4II94-9!
E!-QE=sQs!3-B-rqa
!q!EEE5-tsp-EE!-su g g-plprr[-Eu!LQrr
AEAI!!]-IEE- gq.YEBTIEI!-AI- EqSTA-3I g!
q9
the
194. The complaints of the National Ilnion of Social SecuritYof EmPloYees,
are
Bica
Costa
EmPIoYees
of
Bank
Ilorkers
Union
the
anil
r;eneral Confecleration of
B |1arch L9'7'l
containetl in communications tiatecl 20 June 1975, 26 August I9't6 antl
The texts of these communications uere transmitted to the Government,
respectively.
viriLh furnishecl its observations in letters of 2 tlay 191'l .
195. Costa Rica has ratified the Freedom of Association anal Protection of the
Bight to organise convention, 1948 (No. B7), and the Right to 0rganise
Collective Bargaining Convention, 1949 (No. 98).
antl
AIleselless-e!-!be-ceqPlqisc!!5
Union of Social
196. Tn its communication of 20 June 1975 the National
Rican
Social Security
Co'sta
the
that
first,
a11egetl,
Security EnPIoyees (UNDECA)
l.,ith the ho1,1ing oi th" tlni-onrs general assemblies. The text of
Fund had interferel
a conplainr, on the subject 1odge4 *ith tt " Council of State (Contralorla General cle
Ia neprrrlical is attached to the complainantrs communication.
heen helil lega11y
197. The complainants statecl that the general assembly had
elected. The former
on 7 .lune Lg-tSt when the nei.l executive committee had been
enCed on 1. ay 1975,
members of the executive committee, rhose term of office
14 June 19?5' on 13
for
time
secono
a
suUie!uentfy i11ega11y conveneil tire assembly t
rho hacl
and l4 June heails of ttre Social Security f'und s branch of f ices and employees
in
San
Jos6
arouncl
tlrove
t-he
Fund
by
supported
list
aqreecl to vote for t.he official
The complainants added that not
belonging to the I'undts branth offlces.
o.f,i"t."
uorkers, of whom 50 "ere
oniy t aa tu" roia iranted paid leave of absence to cver 2oo
exPenses fol tl"
living
travelling
paid
their
supervisors, but ii naa also
end
in
po.po=" of achieving its aims. The pretext invSked' as on an earlier occasion
the
At
paY
increases'
t-o
exPlain
in
order
a
meeting
Lg74, was the need to attenal
that they ha,1 been paid hy the Social
general asseuhly vorkers told the
"o.iluin"nts
given
candidate.
a
for
vote
to
iecrrrity Funil
case of t'!r. Carlos
l9g. The compl ainant organisation next ref erred to the who
hacl been dismisseil
LINDECA,
the
of
Secretary
General
i{anue1 Acufla Castro, Deputv
Funcl on- . the
on 17 June 1975 from his poit as legal inspecior at the Social security
reality,
,liounas that he had been att-endiig courses at the Lar l'acultY rrhereas i-nwith
the
examinations
the
for
sat
merely
had
he
accorcling to the .orfluinunts,
this situation was
arrthorisation of hii employer. The complaioants consitlered that
the conseguence of the compiaint presented to the Council of State (Contralor-la
General cle la nep6blica) oil th. s,]Oject of the general assemblv of t-he union ancl the
participation of t{r. Acufla Castro in the elections'
Angulo
199. In adclition, the General Secretary of the union, ur.for Fernanilo
indeterminate
an
inspector
post
lega1
is
his
from
suspended
Ga1jens, had been
p"r,ioa b".uo"" legal action ras.pending igainst him before the courts. accordinq to
tracle uni-on reasons;
the complainant oiganisation this amountetl to persecut-ion for
employer to annul the
the
ortlered
subsequently
the Hi-gher Labour 6ourt had, in fact,
suspension anal pay the salary ,trii,t, hatl been sit-hheld. A copv of the court order
vas attachecl to the comPlaint-
-3t2oo. Fina11y, the complainant organisation alleged violations of freerlom of
assembly ancl expression. It statetl that the manageBent of the Funtl preventecl tratte
union officials from entering the various uorking centres, did not authorise the
holdings of staff neetings, even outsitle rorking hours, anct refused to a11or rooms
to be usecl for meetings. in addition, the executive chairman of the Fund had given
grecise instructions forbiilding the distribution of periotlicals or i-nformition
bulletins rhich had not been approvetl by him or by the heacts of the labour centres.
201. In its communication of 26 lugust L976 the General Confecleration of
qorkers (cGT) referrecl
to three cases of union officials who it alleged had been
persecutecl for tracle union reasons. The complai-nant organisation alleged that the
General secretary of the Tracle Union Association of Employees of the Costa Rican
Blectricity Institute, !!r. Luis Fernando Alfaro z(tfi,Lga, had been removed from his
job because his criticism of the nanagement of the Institute hatl been interpretecl as
rrfalse accusationsrr.
subseguently, oring to a strike l,hich hatl been called by the
general assembly of the llnion for 2o to 26 July 1976, the Public prosecutorrs oifice
hatl chargei hiut with incitement to strike ancl other offences. He was imprisoned ancl
was refused bai1.
2o2. In acltlition, the General Secret-ary of the National FetleEation of public
Service Workers (FENATRAP), tlr. trtario Devandas Brenes, hacl been ctj-snisse:l frou his
job at the National Institute of Housiag and Town Planning (yhere he Has also
General Secretary of the Union) by means of a manoeuvre to disband the ilepartnent
where he was working. On the grounais of the strike which'*as calleit by the workers
of the Institut-e, he hacl been charged sith same of f ences as llr. AIf aro ancl deta j_netl
uncler the same conditions. These trro persons vere being held at the public prison
cf Heretlia, along with common law off enclers.
2o3. The third case mentioned by the CGT ras that of the ceneral Secretary of
the Union of Bank Employees of Costa Rica, !lr. ChristiAn Sobraclo Chaves, rho was
being threatenecl with loss of employment on the grouncls of unjustified absence.
According to the cGT these grouncls were unfcunclecl, since the offici-al concerned
absentecl himself with the authorisation of his immediate supervisors to carryhad
on
activities relatecl to a collective atispute rhich the bank rrorkeis had brought beiore
the labour judge. The cGT stated that, in earlier years, the banks fiad given
authorisation ancl other facilities to sorkersr delegates to enable then to take part
in collective bargaining antl disputes.
2O4. ?he CGT concludecl by stating that this repression aqainst
union
leaclers Has symPtomatic of opposition to collective bargaining. rn thi-stracl.e
connection
it remarked that the management of the costa Ri-can ulectiicity rnst-itute hail opposecl
arrangements for the negotiation of a collective agreement. The t{anager of this
rnstit-ute uas even alleged to have refused to receive a comoittee
relresentatives
of the four tracle union fecleraticns of cost-a Rica nhich wereofrilling
to act as
metliators.
2o5. The complaint of the Union of Bank Employees of Costa Rica (UNEBANC6)
referrerl to the case of it-s General Secretarl, already mentionecl
by the CGT. IL
stated that Mr. ChristiSn Sobratlo Chaves hacl been dismissed yithout clue
on 24
February L97'7. The UNEBANCo acdec that the Bank thus f10ur-ed the cause
orcler of the
Higher Labour Court which hacl pronounced the dismissal unjustified.
rurthermore,
accortling to the complainants, this measure ras a violation of the arhitration arard
in force at the Bank, of Conventions Nos. 87 and 98, and of the
Horkersr
Representatives Convention (No. 135) ancl Recommentlation (No. 143), ILo
1971.
The
UNEBANco attached various press cuf-tings dealing with t.his case.
rr.
Ibe_g.gserggc!!:s_r9.pr]qE
206- rn its reply to the ccmplaint of the National Unj-on of Social Security
Employees, t-he Government referrecl to a circular
issued hy the oiii"" ;i-;h.
chairman of the social- security Funcl in connection with the dismiisal of f{r. Carlos
I'lanuel Acuna castro.
Tt affirmecl that the versions gi.ven of the case Here untrue
anil that the measure in guestion constituteC a sanction for a misilemeanour committed
hy a worker ancl shoulcl not be artificially
ccnnected uith other events rhich have
nothing to clo rith the case. The Government stateal that on 13 January
1976 1L"
court. of first instance, the San.ros6 Labour Court, juclged that the suit filed
Uy
{r. Acufra Castro against t-he Socj-al Security Fund l,ras receivable. on 1Apri1 19?b
-)4the court of seconal instance, the Higher Labour Court of San Jos6, upheld thi-9
judgement. Fina11y, the Government indicated that the SociaI Security Fund had
iif6a an appeal before the Suprene Court for the guashing of the sentence. The
Suprene Court hacl not yet given judgement.
2o7. As regards the suspensicn of trlr. Fernantlo Angulo Gat jens for an
in6eterminate peiioa, the Government stateai that hj.s suit against the Funcl hacl been
rejected in the first instance. The court of second instance, the Higher Labour
Court of San Jos5, had quashecl the previous sentence, annulling the suspension
This
neasure ancl ordering the payment of remuneration chich had been r.ithheld.
judgement had been guastreO ly the Supreme Court anal the first sentence was upheld.
of the right to
to violations
2OB. As regarcls the allegations relating
freedom of assembly and expression, the Government mentionetl a survey carrieal out by
i l"boo. inspector among the heacls of labour centres and traile union officials'
which revealecl that there Here no impecliments to the right of unions to meet freely'
of
or to the entry of union offj.cials into labour centres, or to the clistribution
pub lica tion s.
the
2Og. fn its reply to the complaints of the CGT anci the UNEBANCO,that
regarding the case of Mr. Luis Fernanclo Alfaro Z6fliga,
Government in.ticated,
the latter hacl useii the press ana television to make at-tacks on his employer, the
Nevertheless, the Institute
and its officials.
lnstitute,
Costa Rican Electricity
Since the
haci g1-ven him consiclerabie time in rhlch to perform his functions.
concernecl did not honour his obligations, the lnstitute clismissecl him'
official
considering that many of the grouncls for tiismissal provicled for under the Labour
Code were applicable to his iase. Furthermore, the fnstitute reservetl the right to
to
take 1egal uiiion in oriler to safeguard the prestige of th9 undertaking and The
concerned.
establish the seriousness and scale of the actions of the official
covernment also intli-cated that l,!r. Luis Fernando A1f aro Z6fli9a had made subversive
speeches cluring the strike called on 19 July 1976 at the Costa Fican Electricityhim
For this reason the Public Prosecutor of the Republic had charged
fnstitute.
Munj-cipa1 Court of tibSs rrith riot, incitement to a collective stoppage
the
before
of services ancl ccn&uct prejudicial to public order. This trial had not yet been
completecl .
the
210. As regard.s the case of t{r. tlario Devanclas Brerles, dismissed from
that
the
stateil
the
Government
Planniog,
Town
and
of
llousing
fnstitui.e
National
Technical Ailvisory Council of this fnstitute hacl ccncluded on the basis of studies
uas
that the Organisation and Methotls Section, rhere l'!r. Devantlas Brenes wcrked,
the
rith
accorclance
in
alisbanded
been
had,
accordingly,
section
rrnfroductive. This
labour agreement in force. U;. Devanilas Brenes was paicl the indemnities
collective
had
prescribed by the 1aw. the San Jos6 labour juilge considerecl that his dismissal the
Tn addition,
been in confornity rith the terms of the collective agreement. offences
as l'!r.
public prosecutor iria chargecl I'lr. Devandas Brenes r,ith the same
of
Courtyas
the
l'!unicipal
prosecuteal
before
being
he
whicl
Alfaro Z1n;ga, for
Tib6s.
stateal that
2LL. With respect to ilr. ChrlstiAn Sobrado Chaves, the Government rhich
t{ere
on 9 August 1976 the Bank of Costa Rica hacl applied to the labour courts
for
authorisation
rorkers
BaDk
the
raisecl-by
dispute
labour
eiaminiig the collective
hacl committetl
to dismiss him. The Bank had alleged that the accused official dismissal
r'as
The courts consiclered that the
rrnparclonable breaches of discipline.
ttas
Chaves
Sohrado
nr.
Cbristi6n
1977,
24
FebEuary
Subsequently, on
unjustifietl.
absences from rork. The Bank informed the
ilismissecl on the grorinds oi'uniustified
concern"d that, since the arbitration of the collective labour di-sput-e vas
official
completed, it was at fuli liberty to apply the disciplinary sanctions corresponclinq
the case in
to the misdemeanour concerned. The Government finally indicated that
julges had
the
judicial
as
authorities
the
guestion was now under examination by
dxpressed the view that the grounds for dismissal rlere controversial ancl miEht be
tliversely construeil.
rr
r - gegsfgere!E-g€-!h9-gsqs!!!9e
presente:i hy the
212. The Committee notes that the various allegaticns
of tracle union
exercise
the
to
questions
relating
of
complainants deal with a number
r ights:
-'5
'
interference by empJ.oyers in tracle union meetings ancl elections;
restrictions oD freedom of assembly anct expression of tracle union
orgaoisations;
disuissal or suspension of a number of tracle union officials in u nclertaki ngs
in the public sector;
- af,rests of tratte union Leatlers.
213. ls regards the allegations concerning interference by the Soclal
Security Fund in the general assembly of the tlnion of Soci.al Security Eurployees in
June 1975, the Coumittee is obligecl tc note that the Governnent has supplied no
co[[ents. The Conmj,ttee rishes to recall that freedon of assembly anrl election by
trade union organisatJ-ons, without interference by enployers and the public
authorities, constitutes an essential guarantee of the free exercise of tratle union
rights. Furtheroore, Article 2 of Convention No. 98 stipulates that rrorkersl
organisations shall enjoy acleguate protection against any acts of interference by
enployers. fo particular, acts rhich are clesigned to support workersr organi.sations
by financial or other aeans, rith the object of placing such organisations unaler the
corrtro]. of enployeEs, are tleeneil to constitute acts of interference.
2L4. As regartls the other alleged violations of freeclom of assembly ancl
expression of trade uni-on organisations at the Social Security Funtl, the Committee
notes that, according to the conplainants, union officials are deniett access to
rrorking centres, meetings are not authorisecl and bulletins ancl periodicals must be
approved. On the other hancl, accorcling to the Governnent - uhich carrlecl out a
suEvey on the subject2 there have been no obstructions in this respect. The
Conuittee thus observes that the statements of the conplainants antl the covernnent
are contraclS-ctory on this point r lIrd is accortlingly unable to reach tlef inite
concl.usions on the subject. In general, however, the Committee wishes to stress the
iuportance rhich it attaches to the terns of the rorkers I Representatives
Recounenclation, 1971 (No. 143). This Recommendati-on provides, among other things,
that uorkersr representatives in the undertaking should be granteil access to all
rorkplaces in the untlertaking, rhere such access is necessary to enable then to
carrl out their rePresentation functions.r In aclilition, the oanagement shoultl permit
sorkersr representatives acting on behalf of a tratle union to rlistribute ners
sheets, panphlets, publications anil other clocuments of the union. z The
Reconnenflation also mentions that the management should make available tc workersl
representatives such material facilities
as may be necessary for the exercise of
their functions.3 Furthermore, tracle union representatives rho are not enployed in
the undertaking but shose tracle union has nembers employecl therein should 6e granted
access to the un(l€rtaking.r
215. As regarcls the disnissals or suspensioa of union officials,
the
Conuittee notes that, accortling to the complainants, the measures in guestion
constitute acts of persecution for traile union reasons whereas, accortling to the
Governnent, enployers have basetl their decisions on various grouncts such as
unjustifieil absence, prosecutiou before a court of 1aw, suppression of posts anal
accusations against the undertaking.
2L6. In general the Committee consiclers that one of the funalamental
PrinciPles of. freetlon of association is that workers shoulcl enjoy acleguate
Protection against aJ.1 acts of anti-union cliscrimination in respe-t- of {heir
e[Ployment - such as tlismissal, clemotion, transfer or other prejudicial measures antl tlat this protection is particularly clesirable in the case of trade union
officials because in order to be able to perform their tracle union duti.es in fu1l
independence they nust have a guarantee that they uilI not be nrejucliceil on account
r Paragraph 12 of the
Paragraph
15 (2)
Paragraph 16.
Paragraph
17 (L)
RecoBoenalation.
- ,6-t7 r In adclition' basic
they hold fron their tradle unions'
of the eanaiate uhich forbiddin;shoul<l be
discriuination
anti-union
of.
acls .
legislative "tana"ia=
practice'
in
application
their
shich "n=o"
accoupanieil by effective p.o."6or""
unlon
anti-tratle
of
victim
t'tte
been
has
he
'"ri" a; appeal to a court or another authority
Thus, uhen a sorfei considers that
cliscrimination, he should2 be
inilepenclent of the Parties'
replies that'
case it uoulcl aPPgar from the Governmentrs
217. In the present
-cases
before the
brought
been
have
four
coirmittee,
the
before
out of the five
appeals
the
Brenes)
Devanclas
anrl
competent couEts. Tn two of thei tlnguro Gatiens
ancl Sobrailo
castro
(Acufra
others
in^tro
.":Jli6a,-and.
,ere
of the dismissecl persons
notes that, as regarcls ur:
chaves) they are =tirr before the-courti. The courmittee
the Government to transmit the texts of the
. AcufraCastro,thejudgesghohaveexaminetlhiscasehuY".=o.11:^:?n=id.reclhimtobe
in the right. Th6 Conmittee would likeoutstanding'
judgements renderecl in the "u="=-!iili
ltessrs' Alfaro 26friga ancl
tt|o trade unionists,
2L8. As regarcts the arrest ofnotes
pubiic
PEosecutor chargecl these
that the
Devanclas Brenes, the Committee
and concluct
9f
-services
persons rrith riot, incitement -to ccllectiv"neverti'i:res=
to note that
"ioPpug.
obliged
feels
prejudicial to public. ortler. -The Committee
have
concernecl
unionist-s
trade
ihe
that.
igiO-ira
;uf|
to
the facts impugned go backjudgenent.
rith
det-ermine
to
possible
not
is
iiuoreover,
not yet been brought to
being
are
concernecl
persons
the
any certainty frou ihe Govern*.nii"-..1:-y Hhether
detaioed.
vishe" ::^,:::i11 -ll:^ lln:fi:lt:..t:
zts. ln this connecti-on, the comnittee
;;*-;ii"-:i;;:;uttu.n3le'.o'o.i3'=r::l:ili:""inlt=
l::1'11":-^::'::.*:"',l::1 :ii:;
i;13;l:i= ::" :l:'n:l'lli'.fl'I.':;::. ii
::l:: '::l?1,1?l:.,,ni;:
"-iirii;i3l.i"i^'::,:'
[l:'::;::,i::.':3;3i;.;:'i"";:;:";; i."LIi-";-il;il--:ltl:
":1'?l^^::lilll'iie,"lli
text of
;::":::"::;::';:t"3iii'I"03"
i;'!l1 ;;P:1ii,l;"i:^::::::il:io ::l*lli::::':il:
comnunicite the ?:ii"':l
::i;:H.r:3";;:'::-^;t;::",:iri'iil.'iir"^ir,.'el,"."i.nt
the judgements renclerecl in these cases'
22o.Inthesecircunstances,theComuitteereconmentlstheGovernlngBody:
cn the atlegations
Government to communicate its observations
{a) to reguesttotheinterference
the general assembLy
in
rolg
secuiiii
by-ihe sociar
relating
1975;
June
1n
Employees
security
Social
of the Union of
Workers I
Government to the terms of the 214
(b) to tlrar the attention of the 1971
above;
in
ParagraPh
(No' 143) ' quoted
Representatives Recounenclation,
the juclgements renderecl in
to transmit the texts of
(c) to reguest the Governnentclismissal
ind t{r. Sobrailo Chaves;
Castro
Acuia
t{r'
of
the cases concerning the
(d)toclrawattentiontotheprincipleSetforthinparagraph2l|aboveconcerning
to
to re[ueit the Governnent'Mr'
guarantees of rapid judiciar"itlJ"a"t:'-^l:lagainst
proceedings
the
in
renderecl
supply ttre teiis
-"na- of the iirdgements
ur. Devandis Brenes. !'tr. Devandas Brenes "
Alf aro ztfriga
(e) to take note of the present interim report'
r see, for example, 19th Report, case-No- g7 (India), para' 48; 147th Report'
CaseNo.Ttl(CostaRica)rpara'ZSo;l6othReport'caseNo'855(HonduEas)'Para'
100.
z see 147th Report, case No. 759 (United Kingdom,/Belize), Para' 183'
Report, Case No' 763 (Uruquay) r PdEa'' 54;
3 See, for exampler 16Jrd
g4g
(Nicaragua) ' para' 1q2'
Report, cases Nos: AZ5 una
E-2584-38:34
168th
-1a-
ecsc--Is.-939
ga
!!!arus_!E!5E!I-E!_!E-E_!98!!_EEplBArM_9!_!3!!!
.u!.I8!S,._IIE_!q-B!D_99!M!83 IIA!_9E_!3EgIB_AI!_I!!
!4 !-I-U_A-U-E3rg!!_ gE!!33!_9!_!93!E35_!sAIX!1_!-E!
q9M!UE!r_9I_!3A!I!
22L. The comPlaint from the I{orld Fecleration of Tracle 0nions is containecl in
a telegram of 3 November 1975. The IIFTU submitted additional informatj.on antl ner
allegations in conmunications of 7 anil 24 November L975, 3o ,f anuary L9'16 ancl 19
January 1977. The Latin American norkers Central (CLAT) also submitted a complaint,
by a letter of 16 December 1975. In a connunication of 3I December 1975, the World
Confecleration of Labour statecl that it supporteal the allegations made by the CLAT.
222. These conplaints and the additional information uere transmittecl to the
Government, rhich suburitted comments ty letters of 2L septemb€r ancl 5 November L976,
14 February and 19 August
197'7.
223. Brazil has not ratified the Freeclom of Association and Protection of the
Right to organise Convention, 1948 (No. 87); it has ratified the Right to organise
ancl Collective Bargaining Conventi"on, 1949 (No. 98).
A.
Allsge!1s!E-seqs-br -!he-seq!!sise!!s
22u. The flFTU submitted the following allegations in its first connunication.
.loao tilassena t'le1a, former secretary of the tletalworkersr Union of Rio cle ,Janeiro,
had been arrested; Osvaldo Pacheco, former secretary of the Sao Paulo Docksorkersl
Irni-on, had been tortureal; Vladimir Herzog, iournalist with the cultural channel of
the Sao Paulo television service hacl been killed; titanoel Conceicao alos Santos,
presiclent of the llaranhao Rural Eorkersr Union, alreacly injured in 1968, had been
torturecl again on 28 October 1975. The complainants added, in thej-r telegram of 7
liovember ]-9'15. that l'ranoel Constantino ancl Jos6 Cerrei-ro (see belor) had beeo
arrestecl arbi-trarily rith other trade union leaclers.
225, In its letter of 24 November 19'15, the }IFTU statecl that the families of
the Persons arrested hacl no itlea uhere they rere ancl suspected that they had been
ki1led in prison. The complainants mentionetl once aqain the names of loao llassena
l'le1o, arrestecl at the beginning of L9'l 4. and 0svalclo Pacheco, (who was also
oresiclent of the National Fecleration of stev€alores) ; the latter vas saicl to have
been arrestetl on 14 February 1975 ancl to have been tortured sc nuch that he lost his
reason; the complainants attachecl the text of an open letter from his wife
d.e.nouncj-ng this violence. The IlfTU referred again to the murder of Vladiuit Herzogl
clirector of the reporters division of the seconcl channel of the Sao paulo culturil
television service.
226. The complainants added that, since 196tI, the Brazj-1ian tracle union
movement had been subjecteal to unreoitting Eepression antl interference on the part
of the authorities. They guotecl statements maale to the press by several trade union
leaders in Sao Paulo regarding deficiencies in the protection of tracle union rights
ancl the statement made by the Secretary for Public Safety in Sao Paulo to the efiect
that the repressive measures weEe caused by the state of rlar existing in the
country. The I{FTU referrecl again to the arrest, amongst others, of l!anoel
Constantino ancl Jos6 Cerreiro, presiclent ancl vice-president respectively, of the Sao
Caeteno Metalworkerst Union. It adcletl that rages are fixecl by the ilinistry of
Labour without any consultation of the tracle unions and that the latter are tleprived
of the funclamental right to clefencl the rights ancl uphold the demancls of rcrkers, in
defiance of the 1aw ancl international agEeements signed by Brazil.
22'7. In its complaint of 16 December 1975, which is supportett by the flCL, the
CLAT pointecl out that uanoel Conceicao dos cantos, a peasant trade union leacler, had
been imprisoneti fcur years ago. After trro yearsi imprisonment during wirich,
accorcling to the complainants, he was subjected to torture, he was reLelsed in a
serious condition. The Cardinal of Sao Paulo had to intervene i-n orcler to have hln
aduitte,i to a hcspital in which he unclerwent a surgi-ca1 operation and subsequent
treatment as an outpatient. The CLAT aitded that thls same person was igain
imprisonetl on 2e october 19?5 at osasco (in the inclustrial zone of Sao paulo)
that his present $hereabouts flere unkno$n, a fact rhich gave gEouncls to fear for ancl
his
life. The CLAT also communicated a series of clocunents iuppoiting its allegations.
E-2584-3C:34
zo
228. The IIITU further statetl in its telegram of 30 January L976 that iIos6
!tanoel FieI Filho,'a militant of the metalrorkersr tracle union hacl been killed on 1?
January 1976 after imprisonment by the arnecl forces. It also al1egetl, in its letter
of 19 January L91'1. that Jose Duarte, tracle union leader in the national railnays of
the north-east, hacl been cletainecl uithout trial since L972. Accorcling to the lll'TU'
he ras subjected to ill-treatment nhilst in Bahia state prison ancl rlas today in a
prison of the Paulo Sarasarte Penal Institute in the State of Cear6. He was 65
years olil ancl uas said to have had a heart attack as a result of this bad treatment.
B.
g
grer!seslel-sgsqellE
229. In a communication of 2L September 1976, the covernoent statecl that
lvlanoel Concei-cao clos Santos had been sentenced to three years I imprisonment under
section 14 of Legislative Decree No. 892/69, which ilefines crimes against national
security and political antl social oraler. He hatl serveil his sentence and hacl been
releasecl on 28 tlay 1975. Ile had been arrestetl again on 10 Noveuber 1975 for
ouesti-oning and releaseal on 1O Deceuber 1975. In its letter of 5 November 1976, the
GovernEent stated that the Commj-ttee xas not competent to exami-ne thj-s case, since
it did not concern tratle union leaclers or nilitants. Accoriling to the Governmentt
the persons namecl by the complainants did not exercise any aclministrative functj-ons
in a tratle unj-on, were not tracle union militants ancl had not at any time been
arresteci j-n connection rith trade union activity.
23O. In a subseguent letter of 14 February L977, the Government stated the
reasons for rhich it hacl been unable to provide the infornation reguesteal from it.
Tt stated that under the Brazilj-an constitutional systen, the executive, legislative
and judicial powers were i.nctepentlent of each other ancl under the judicial proceclure,
it sas the executive power flhich starteal proceeclings. Action had been startetl
against the perscns nentioned by the iIFTU before the courts cf the various national
States anai the accusecl hatl been suspenclecl from worl( pending the court holidalis
(extending from the 2Olst (November 1976) to the 2O2nd, (llarch L9771 Sessions of the
Governing Body) .
23L. fn a cletailed letter of 19 August tg77. the Government stateal that it
had alrays expressetl its support for the clefence of human rights' whlch inclutle
trade union rj.ghts. Strict respect for the principles ileriving from the Universal
Declaration of Iluman Rights, the United Nations Charter antl the ILO Constitution,
which rere involved in the case untler cliscussion, alitl Dot conflict trith the resPect
of other essential principles of international coexistence, flhich prohibited interference in the internal affairs of a State ancl those relating to its sovereignty.
The information yhich it provided, continuecl the Goverament, hacl to be examinetl in
the light of the positions of principle upheld by Brazil befcre the llunan Rights
Commission ancl cther bodies in which the many aspects of these provi.sions rere
discussecl. It had submitted the information in a clesire to maintain a constructive
dialogue with the Committee, to tightening its boncls with ILO antl in the conviction
that the infornation provitlerl woulcl ccnstitute a complete antl final denial of the
allegations which had been nade.
232. The Government further stateal that there exists in Brazil an oralinarY
justi-ce, organisecl in accordance rith the stanclards of the Coustitution, the
competence of Hhich correspontls to the universal principle of natural 1atl. There
are neither trial privileges nor exceptional courts; penal action j.s contluctecl by a
court ancl a judge select-ecl accorcling to the cause of the litigation and not the
persons accusecl; every person can appeal against a sentence. Defence rights are
fully guaranteecl.
233. tloreover, atldetl the Governnent, the Fecleral Constitution protects
antl
freeclom of association anci expression antl the right to hold political
ghilosophical convictions. It simultaneously prohibits all propagantla in support of
lrar or subversion ancl acts designed to create oE strengthen prejudice or
discrimination on grouncls of religion, race or social status. Violations of
national security legislation (Legislative Decree No. 898/691 are also dealt rith in
acccrdance nith orclinary procedure offering the aforementionetl safeguarcls. The
essential condi.tion for any sentence based on this Ian is the existence of a
specific frautlulent intention, the intention to prejudice or rreaken internal or
external state security. The Government has an obligation, j.t stateil, to uaintain
the orcter essential for general relt-being by assuring the countryrs clevelopment,
E-2584- 3C: 34
- ltn -
anal public security anal peace. It uas essential to prevent ancl, if necessary, to
institusancti-on acts designetl to overthro$ established ortler, tlestrcy political
tions or harm prcaress anal peace. Recourse ras therefore had to the penal laus ancl
r,he police system which these laws necessarily imply shen offences are committeci or
when the State supposecl, on the basis of re11-est-ablished facts, that offences had
been coumitted.
234. The Government denied that there were political cletainees in Brazil
belonging to the tratle union mov€nent. Those of the persons mentionecl by the
complainants, who uere the subject of criminal proceeclings, had been accused of
subversive acts; some had alreatly been acquittecl antl others hatl been sentenceil
after being found guilty of violations of national security 1ars. They had been
judged by ordinary courts, and had enjoyed the universal safeguarcls provided by
penal procedure. The integrity ancl impartiality of the judges were proveal by the
acguittals pronounced on the grouncls of inadequate 1ega1 proof anal not because of
the innocence of the accusetl persons, whose subversi-ve activities rrere well known.
rnith the exception of two cases, the Government emphasisecl, the persons mentionecl in
the conplalnts uere not even associated with the tratle union movement when they
performecl the illegal acts r.hich 1ed to their cletention for the purposes of lnquiry,
or imprisonment on tlecision of the courts. The complainants had misrepresentecl the
facts to make it appear that they affectett tratle union rights, rhich $as not the
case. The Government enclosecl statements from employerst and workersl
confeclerations certifying that to the best of their knowleclge nobotty hacl been
sentenced i-n Brazil on account of traale union activities.
235. Regarding lalSef,_eS-lggrSag_d9g_gqg!98, the Governnent pointed out that
he had been sentenced once for having organised the workers of several ciistricts for
political purposes, uith a view to entering agricultural property, seizing lancl ancl
installing peasantsr families by force. The movement rras directed against all
orners ln the area possessing enclosecl properties. The enclosures were to be pulled
clown and destroyecl, the occupants were to start collective farning there ancl the
ouners rere to be prohibitecl passage over their own 1ancl. fn the event of any of
the latter reacting, they uere to be assassi-nated by the farmers. A group of
farmers, associatecl rith the peasantsr league, an i11egal organisation, had
destroyecl the enclosures of several farm properties, untler the leaclership of Manoel
Conceicao clos Santos.
236. Accortling to the Government, the person in guestion took part in
clandestine acti-vities, including guerilla training, in the Pj-ndare-llirim val1ey in
J-95'1. In 1958, he was injured during a clash with the police ancl adnitted to the
l,!aranhao State l.!edical Centre. As a mj.litant activist, he hacl follouecl courses in
querilla warfare abroaal. He had been jobless for a long time ancl had often been
arrestecl for interrogation in the various States which he hatl visited. He hacl no
trade union connection ancl lived in hiding; the Government had been informed of
some of his travels abroad using false Fassports. The Governuent recalled that he
had been releasecl in llay 1975 and arrestetl again in Sao Paulo on 10 Decenber L975
for interrogation, but had been releaseil the following day. ft stressed that this
person lIas a typical subversive agent rho had held no job for .a long time anal
conseguently had no connection with tracle union life.
237. .IgAg-lassglg--Ugfg, contl-nued the Government, hacl not held traile union
office for 15 years and, noreover, had hacl no connection rith any union whatsoever
since 1964. He al€vot€d himself so1e1y to terroEism, as he had clone all his life,
si-nce he had been arrestecl antl sentencetl for i11ega1 activities alreatly in 1936. He
went on trial in 1964 for subversion antl had acted in a manner prejudicial to tracle
union life, and particularly in violation of section 52L of the consoliclatett labour
legislation (conditions for the operation of tracle unions).
238. The Government explained that the ltetaluorkersr Union had been
transformed at a certai-n stage into a centEe for subversive agitation, although
political ancl i-cleological propagancla $ere banned rithin orqanisations of that kind.
Subversion hacl reachetl such a point rithin that union that rrthe sailorsr mutinyn hail
set uP its headquarters rithin it. Its leailers callecl for acts of intliscipline,
rebellion ancl armecl struggle amongst the personnel of the navy. The rtsailorst
mutiny[, rhich almost led to civil var in the country, involved some clozens of
rebelling soldiers who took up guarters at the unj.on heatlquarters antl rere finally
dislodged by the army in 1954. The persons concerned rere tried with those rho hacl
given then backing, including some of the unionrs leaders. The case came before the
naval court, as it involvecl a crime against national security.
The violations of
tratle union life had such far-reaching effects rithln this union that the Iinistry
E-2 584- 3C:
3
Q
-
/rI
of Labour was obliged to put it untler guardianship ancl penal action Has fj.na11y
taken against the former leaders, uho hatt actecl as subversive agents, anal rrere
responsible for nisappropriations ancl nisuse of union property. The union I s
finances Here ccmprcmised to such an extent that the organisation rras unable to
resume a normal existence for a long time, antl not until the situation had been
restorecl to ortler by a representative of the Ministry of Labour.
239 . Joao ltlassena t1e1o, continuetl the Government, carried out subversive
activities clanclestinely as leader of a prohibited political party. He hatl been
sentencecl to five yearsr imprisonment in 1966, but did not serve his sentence, vhi-ch
has come uncler the statute of limitations. In 1969, he had again been sentenceil to
trlo yearsr imprisonment following another trial for Hhich he hacl been untler
preventive arrest. Penal action ras brought against him in 1971, but he $as now
living in hiding ancl his resi.dence rlas unknorrn.
2qo. Accorcling to the Governnent,9ggql4g_EgghCge_4e_S!-Ua rlas one of the
olilest anal most active leaclers of subversion in Brazil. He hatl been sought by the
police during the 1940s, at which time he had already ceasecl all tracle union
activity ancl hacl been struck off the stevecloresr ro11. He subseguently succeealecl i-n
being re-registerecl ancl becoming electetl presicient of the National Port llorkersl
Fecleration. Action hacl been brought against hin in 1948 for subversive activities:
he hacl stirre:l up about 1OO political strikes in various essential services (ports,
transportation, electric porer), clespite lega1 prohibition. He hacl been tried for
subversive activities in 1953, especially for having encouraged port uorkers to
refuse all service on American ships anchored in the port of Santos. He yas
consitlered responsible in 1955 for Iarge-scale activities amongst peasantsr leagues
in rural areas. Osvalclo Pacheco who uas associated with the 610wers t ancl
Agri-cultura1 I,torkers I Union of Brazil, an i11ega1 organisation rhich spcnsorecl the
occupation of rural properties ancl encouragecl other forms of violence, at the sarne
time succeeclecl in setting up in the torns another undergrouncl organisation known as
the Workerst General Commancl, the existence of Hhich as a tracle union organisation
has never beeu authoriseil by law. In 1964. he hacl been acquitted untler the
limitation of statutes in a trial in which he ras accusecl of violation of the 1ar on
security antl he left the country. He ras sentenced to nine yearst iuprisonment on
21 Uay 1966 for violation of sections 1O and 13 of the then existing law on national
security (Act No. 1802/531. Having re-enterecl Brazil in 1968 uncler a false
identity, he exercised vari-ous activities in the State of Ric Granrle do Su1; on 26
June 1973, he uas sentenced to four yearsr harcl labour after trial for violation of
section 43 of Legislative Decree No. 898/69 (reorganisation of an organisation which
had been clissolvetl, suspencled or vhich uas prejuclicial to national security). The
covernment emphasised that the person in guestion had held no traCe union office
since 1964, in particular because he was no longer registerecl on the stevealoresl
ro11. The complaint nith regarcl to violation of tracle union f reeclomr oE rrtorturerr
was unf ountled.
241. The Gcvernment stated that EA!991_E9Sg_q9!E!g!!1!9 hacl been presiclent of
Sao Caetano do Su1 l,letalrorkersr Unionr but had left
on retirement. The
Government also referrecl to Jgs6_IeEEgiEg_Cq_lifCg - antl not Jos6 Cerreiro - vicepresiclent of the same union. These tro persons hatl been arrestect for an inguiry as
investigations hatl shown that they had participated in the activities of subversive
groups. tJanoel iros6 Constantino hacl been held from 5 to 29 October 1975 for
interrogation and had then been released. .Ios6 Ferreira tla SiIva, ttho ras
responsible for organising subversive groups rithin plants, had been arrestecl on 4
the
october 1975 ancl releasecl the following 18 Decenber. The results of the
investigations hatl been transnitted to the courts, which had acquitted the tldo
persons for lack of pcoof. The Government stresseil that their tletention antl trial
hacl no connection with their trade union activities.
242. J9C€_ISgSIC, statecl the Governnent, had manifestecl his militancy as
early as 1936, in subversive activities in the State of Sao Paulo. In 1958, he had
been arrestecl for having led movements supporting the reorganisation of ao
association prohibited by 1au. He had been identifj-ed untier a false name in 1948,
as agitator in several tosns in the State of Sao Paulo. He hacl been spottecl in 1953
at meetings in support of armecl revolution and reversal of the establishecl orcler.
He rras sentencecl in 1967 to one yearrs hard labour. FinaI1y, in 1973, he vas
charged in the course of an inquiry openecl in the State of Cear6 for subversive
activities in that State. He rras at present on the run. The Governuent pointecl out
that the person concerned had held no job for a long time and that he hatl been
but for violations of
sentencecl not on account of his tracle union activities,
nat,j-ona1 security legislation.
E-2584-3C:34
h1
243. The Governnent statecl several times that these cases vere not bouncl uP
wit-h trade union activities anil therefore did not fa11 within the terms of reference
of the Conmittee. It added that Brazil did not submit its larts ancl court clecisions
to examination or appraisal, but in oriler to maintain the Position of principle
alreacly referreal to, it indi-cated the relevant regulations antl Provialed clata
concerning the persons mentioneal by the conplainants. The Governtsent stated that it
accepteil dialogue, but refusecl all interference in its internal affairs, such as the
clain to the right to have examinecl by an international organi.sation with linited
terns of reference, a oatter not falling within those terms of reference. In fuIl
exercise of its sovereignty, continueal the Government, Brazil ensureal resPect for
its Constitution and other legislation anil, in cloing so, clifferecl from no other
country.
244. The GoverDment adcled that the persons referretl to by the complainants
to be clefencled or protected against atry clanger xhatsoeveE. Their rights
anal llberties had not been attacketl. Three of them hacl been sentencecl after due
trial, at rhj-ch the rights of tlefence, fu11 publicity for the procedure ancl the
right of appeal rere at all tiEes respected (Joao I'lassena Me1o, Osvalalo Pacheco tla
Silva, Jos6 Duarte) . The other three had beetr acguitted (!!anoe1 Conceicao clos
Santos, l{anoeI Jos6 Constantino, Jos6 Ferrei.ra tla Silva) . Detention for
interrogation hatl been carriecl out i-n accorclance with lega1 police Procedure ancl hacl
been immediately notified to the competent judge. The detentions had been necessary
to permit investigation of the responsibility of the persons engagecl in illegaI
The
clesignecl to overthrou established political institutions.
activities
conclusions of the investigations carried out by the police authorities had been
communicatecl to the l{i-nister of the Public, for exaninaticn ancl transmission, if
necessary, to the courts. Of the sj.x persons nentionetl, only tco (UanoeI Jos6
Constantino ancl Jos6 Ferreira ala Silva) hacl been menbers of a union at the tine of
their short cletention; they hatl been acguitted. The Governoent EePeated that there
rras no link betwe€n the facts mentionecl in the comPlaint anal tratle union rights.
245. The GoveEnnent then referrecl to the allegations regartling the cleath of
Ile{lSig__ESIZgg ancl l14ngg1_!i9f_!:lho during their iletention for interrogation with
It describecl in detail the investigations carrietl
regard to subversive activities.
out after these two tleaths ancl stated that the exPerts hacl arrived at the conclusion
that the persons in questi-on had committed suicide in prison without having been
incited or helpecl . These conclusions had been transmitted. to the judicial
authorities, who hacl ortlerecl the cases to be fiIed. Vladimir Herzog, aclcletl the
covernnent, although a oember of a union hatl never helal union office; he had been
arrestecl for activities prejuilicial to national security. Regarding the arrest of
!{anoel Fiel Fi1ho, this hacl no connection rrith the exercise of traale union rights.
hacl no neecl
C. Conmitteers conclusions
246. Accortling to the Government, the persons nentionecl in the conplaints,
rith the exception of !!anoe1 Jos6 Constantino ancl ilos6 Ferreira tla Silva, hacl no
connection yith the tratle union movement at t-he time of their arrest or sEntence.
They were perforning no functions at that time in the atlministration of the unions,
were not militant tracle unionists anal had not been arrestecl f or tracle union
activities. CoDseguently, the Governoent consialers that the Committee is not ca1led
upon to consitler these uatters since its competence extentls only to specific cases
of violation of freetlom of association.
2t+7. The Ccmmittee vishes to point out that it has freguently examineal
complaints concerning the tletention of former tracle union leaclers uith a view.
particularly, to tletermining on the basis of all the available information, whether
the measures taken against then flere not relatecl to their previous trade union
activities. In the present case, several of the persons mentionetl had previously
held trade union office. At the sane tine, the Committee has always considerecl that
uhen persons are sentenceal on grouncls having nothing to clo rrith the exercise of
tracle union rights, the uatter lies outsltle it terms of reference. It nevertheless
has an obligation to check for itselfr on the basis of all the information
available, whether these persons sere sentenced for acts covered bv penal lau or for
tracle union activities.
2t18. In the case unaler consitleration, the Committee notes in particular that
Itanoel ilos6 Constantino ancl Jos6 Ferreira cla Silva were acguitted by the courts for
lack of proof, after several weeksr cletention cluring the last guarteE of 1975.
E-2584-3C:34
-43249. Regarding Joao [lassena lrtelo and osvaldo Pacheco, it seems clear that
these persons halt helrl no tracle union office for a long tine. Regarding llanoeI
Conceicao clos Santos, the infornation available shows that he had formetl a peasantsr
union sith a menbership of arounil 50,0OO in the north-east of the countrY, uhich hacl
mainly participated in the occupation of lantl. on his release fron prison in 1975
he had sought to become a normal menber of society by working as cabinet-maker i.n
the south of the country. He had attendecl a seninar on active non-violence ancl had
been arrestetl shortly after the meeting. tloreover, the infornation available does
not make it possitle to concluaie Hhether Vladimir Herzog anal l{anoel Fiel Filho had
perforned activities or heltl office in a tracle union. It consequently does not seem
to appear from the information available to the Conmittee that the persons mentionecl
in this paragraph rrere arrested or sentenceal f or tracle uDj-on activities.
25O. Regarding iIos6 Duarte, the Coumittee notes that the Government aloes not
reply to the allegations macle by the complainants to the effect that he had been a
union leacler on the rai-lways in the north of the country.
25L. The Conmittee nust also poi-nt out that it has before it allegations ancl
public j-nfornation to the effect that sone of the persons mentionecl in the complaint
rere subjected to i11-treatment. 1t notes that the GovernDentrs cletailed rely in
this connection is limited to the allegations concerning the cleaths of Vladinir
Herzog ancl tlanoeI Fiel Filho. The Committee has also notecl certain contraclictions
betrreen the infornaticn provided by the complainants antl that proviclecl by the
Governoent. In particular, accorcling to the cooplainants, Joao llassena tleIo ancl
iros6 Duarte have been untler arrest since the beginning of L974 and since L9'12.
respectively (in the latter case, the nfTU even indicatecl the Prison in rhich the
person concernecl is saitl to be held), but accortling to the Governeent these persons
have fled or are in hiding.
252. i{ith regard to the case as a whoIe, the Comnittee recommencls the
Governing Body:
(a)
(b)
(c)
(d)
to note rith interest that llanoel Jos6 Constantino and ilos6 Ferreira rere
acguitted by the courts;
to tlecitte, for the various Eeasons set out in paragraPh 249 above, no Purpose
r.oultl be servecl in continuing its examinatioo of the allegations in respect of
iloao ltlassena lte1o, Osvaltlo Pacheco, llanoe1 Concelcao clos Santos, Vlaclimir
Herzog ancl Ianoe1 Fiel Filho;
to reguest the covernnent to proviale informatj-on on the facts $hich led to the
inclictnent against ilos6 Duarte in 1973;
to take note of this interim report.
!eEg-.ueg--9-3f
qQs!lar13-!3!s.E!!!!-!J-!!!-9E!!3E-9!-r!!rA!-!Br p!-urqlE
AGAINST THE GOVERN}IENT QE
IXIIE
253. Thi-s case was examined by the Committee at its neeting in llarch 197'l
nhen it submitted to the Governing Bocly an interin report contained i-n paragraphs
85-1O9 of its 165th Report. r
25t1 .
fndia has ratifiecl neither the Freetlom of Association anal Protection of
the Right to Organise Convention, l9tl8 (No. S7) nor the Right to organise ancl
Collective Bargaining Convention, 1949 (No. 98) .
255. Hhen it previously examined this case the Committee notecl that the large
nunber of allegationi relatecl fundamentally to the following questions: cletention
of tracle unionists without trial (or the issue of rarrants for their arrest) ; acts
of anti-union discrinination (dismissals of workers in the service of the central or
r The Courmitteers 165th Beport sas approved by the Governing Body at its
Session (tlarch 1977).
E-2584-3C:34
2O2\d
-44
state governments, transfer of postal antl telegraphic norkers to remote areas,
or dismissal of rorkers in the private sector); Police abuses
"u.p.niion
anti-social elements, threats, ill-treatment to intluce norkers to
of
1p.ot..tion
traale union
i6ur" the conplainant union or not to join it) ; measures against
materials) ; refusal to allor
premises (closiirg tlorn, confiscation cf tlocuments ancl
iraAe union meetings or atlmit claims; favouritism j-n the choice of organisations to
be representecl on various botlies, or in official clecisions regarcling the referral of
disputes to the courts.
256. As regarcls the allegetl arrest and cletention of tracle unionists, the CITU
uhile
hail statetl that over 2,OOO union offi.cials hacl been arrestetl without trlal,
warrants had been issued against others; this was alleged to be the case vith the
general secretaries ancl presidents of 4 state committees of the CITU and 20 uembers
of its General Council. The complainants had conmunicated the names of numerous
tracle unionists affectecl by these meisures ancl hatl also pointecl out that some of
them hacl been obliged to go into hiding. These measures, added the complainants,
hacl uacle it at times practically inpossible for the unions to function; workers vho
in one case
hacl been arrestetl and releasecl on bail founcl themselves out of jobs;
all the property of the rorker concerned and his family hacl been confiscatecl; in
another, the police hacl harassecl a laryer who tras defentling rcrkers in the labour
court. The CITU had also citecl the case of a former tracle unlon leatler of Nadga
(Ilarthya pradesh), Bhairav Bharatiyaa, rho had died in prison for lack of ProPer
meilical treatment. In Rajasthan, the police nere saicl to have resortecl to torture,
apparently to force sorkers to leave the CITU and join the lntlian National Tracle
the police
niion Congress (INTUC); in IIaryana, after the arrest of union leaclers,joined
yere saitl to have openly threatenetl rorkers with imprisonment if they
the
CTTU.
25'1. The complainants hatl referred specifically to the arrest of many florkers
folloning a one-day hunger strike in Kerala in February L976 and the inprisonment of
CITU nenbers who hacl taken part. The complainants hatl also statecl that thousanals of
tratle union workers in Tamilnadu had been imprisonetl in early L976, including Mr. K.
Ramani, Vice-Presitlent of CITU, rho $as in hospital at the time. t{any sarrants of
arEest had also been issuetl , ancl these measures hacl macle it ,lif f icult f or the
affiliates of the cTTU to oPerate in Tanilnaclu.
258. fn reFly to these allegations the GoveEnment, in a communication dated
13 December L9'76, hatl stated that the arrest of certain trade unionists folloving
the state of emergency proclaimecl on 25 June 1975 had nothing to do with the tracle
union activities of the indivicluals concerneal. Accorcling to the Governnent, such
action hatl beeo taken against those persons sho enalangered the security of the
country by anti-socia1, anti-national or subversive actj-vities.
259. As regarcls this aspect of the case the Committee, clrawing the attention
of the covernment to the importance rhich it attaches to the principle of pronpt ancl
fair trial by an independent ancl impartial judiciary in all cases, including cases
in uhich tratle unionists are charged rrith political or crininal offences rhich the
covernment consj-tlers to have no relation to their tracle union functions, requestecl
the Government to indicate the present position of the cietainecl tratle unionists to
whon the complainants referred and to inform it whether legal proceetlings haal been
taken against theu, anil, if so, the results of these proceedings.
260. Another aspect of the case on which the Government had comnunicateal
certain observations relatecl to the clismissal of rorkers. The CTTU had referred to
the situation of employees of the state governments stating that in ltest Bengal the
Government had arrestecl and dismissecl 15 union leatlers, inclutling the Secretary of
the State Co-ortlination Committee of the llest Bengal Government Employees I
Associations and Unions, under aEticle 311(2) (c) of the Inclian Constitution; this
Conmittee, which hatl alreacly been the victim of earlieE oeasures xas, nevertheless'
accortling to the cotsplaj-nants, not a political organisation but was pursuing
legitinate tratle union activitj-es. The CITU had also mentioned the cases of senior
union leatlers who hacl been dismissetl or arrestecl in Tripura, Jammu ancl Kashmir. The
complainants had also referrecl to clismissals of many workers in the States of Uttar
Pradesh, Ori-ssa, Haryana, Rajasthan anal ltadhya Praclesh. The complainants hacl also
given an account of the situation in the |tala Engineering tlorkersr Union in Calcutta
where a tlispute hatl been raiseci folloring the dismissal of the workers. In a letter
of 9 September 1976 the CITU had enclosed a list of 25 union leaclers in West Bengal,
in the service of the central or state governments, vho hacl been detainecl without
trial uniler the t'laintenance of Internal Security Act and serveil rith ctismissal
notice. Accorclinq to the CITU, 16 of them hacl been releasecl on I November 1975 but
E-2584-3C:34
- lr5 not been reinstatecl i-n their euploynent. The remaining nine sere still
in
detenti-on under lamentable conclitions antl rere being treateal as criminals; their
health had detericratetl in the course of their prolongecl cletention.
26L. To these allegations the covernment hacl responclecl that any ilismissals
uhich took place uncler article 311 (2) (c) of the Indian Constitution again had
nothing to do trith the trade union activities of the persons concernetl. Accoraling
to the Gover[mentr.any such action rlas taken on the merits of each indivj-clual case
and sas not lioited. to any particular tracle union or political clenominaticn.
262. The Comnittee, dt its session in Uarch L9'17, had requesteil the
Government to supply information on the precise reasons for the dismlssals of the
trade uoionists, particularly uncler article 311(2) (c) of the Constituti-on. fn
addition, the Connittee requestetl the coveroment to comnunicate its observations on
the other allegations macle by the complainants (summarised in paragraph 3 above).
t-hey had
Isr !b9E-]!!eEqe!Ies-E9seiysg-fsss- !!e-ge vsri]!s!!
263. In a comnunication dated 19 Uay L977 the Government sent further
information in reply to so&e of the points on rhi-ch the Conmittee hacl reguesteal
information. In particular, the covernment pointetl out that the si-tuation in Tndia
had completely changecl since the complaints rrere presentecl. The Government pointed
out that there hatl been a change of Government ancl the state of emergency hatl been
brought to an enal on 21 l,tarch 1977. The action that had been taken untler the state
of euergency, statecl the Government, had been reversed in almost every case.
264. The Government addetl that, in the context of the emergeocy, persons had
been taken into custodly uncler preventive cletention laws antl for the commission of
offences untler substantive 1aus. The guesticn of trial in the case of the former,
statecl the Government, tlid not arise because of the very nature of the detention.
In respect of the latter, aI1 persons taken into custoaly had been given the
opportunity of a fair trial by an i.nclependent anil impartial judiciary and they hatl
fu1l access to the courts accorcling tc the normal laws of the 1and. [11 persons,
continuetl the Government, taken into preventive tletention uncler the emergency hacl
been released following the revocation of the energency on 2L tlarch L97'l. As
regards proceetlings initiatecl under emergency lans, j.nstructions hacl been issuecl to
$ithalrau all cases pending investigations or trial except those involving violent
acts or economic cffences.
265. The Government pointed out that action uncler article 311(2) (c) of the
Constitution Has taken only rhere, for reasons of security, a clepartmental inquiry
ras not consitlerecl to be in the public interest.
In such cases r aclclecl the
Government, for obvious reasons, it was not possible to clisclose the grouncls of
ilismissal or removal from service of governnent enployees. Horrever, continuecl the
Government, for all those tlismissecl or removed from service in the context of the
emergency, the position vas being reviewecl ancl the Government proposecl to issue
appropriate instructicns to all concernecl in this regarcl very shortly
266. So far as empJ.oyees in industrial undertakings ar€ concerned, statecl the
covernment, the llinistry of Labour hail already issuetl a tlirective to all state
governments for the reinstatement of all thcse employees who hacl been tlischarged or
tlismissetl fron servj.ce owing to their absence from duty as a conseguence of
iletention uncler the l{aintenance of Internal Security Act, etc., or whose services
hail been terminatecl because of their association with organisations that rere bannerl
by the previous central Government. The state governments hatl also been reguestecl
to reviev all cases rhere the services of the enployees hatl been terninateil without
going through tlue process of lar ancl to give the enployees concerneal an cpportunity
to clefencl theuselves. Accorcling to the Government, they had also been aclvisecl that,
for the expetlitious examination of such cases, it vas tlesirable for the conciliation
nachinery to call the parties together in crtler to promote a mutually satisfactory
solution; rhere this uas not possible, intlustrial clisputes that might ari.se may be
referred to adjuCication.
E-2584-3C:34
-46goqclgSiglS of the Committee
267. The Committee has taken note of the infornation proviclecl by the
covernment in respotse to the reguest macte by it in relaticn to a number of points
when it last examined this case. it notes, in particular, that as a result of the
change of Governnent in Inrtia, the action taken rrithin the context of the state of
- nhich was lifted on 2l ttarch 19?? - has been reversed in alnost all
"n"rlency
cases.
268. Accoraling to the information now provi-deil by the Government, all Persons
taken into preventive detentj-on rere releasetl ancl any proceeclings rithclrarn
following the revocation of the energency, excePt in certain cases involving violent
acts or economic offences. The Comuittee takes note of this infornation rrith
interest. Horever, in vier of the gravity of the allegations brought forwartl by the
complainaats as se11 as the specific nature of the eviclence adduced by then in
support of their allegations, the Comnittee consitlers that it woultl be appropriate'
in'itre light of the changes that have taken pIace, to request the complainant
organisation to comnunicate any additional ancl nore recent information that may be
aviilable regarding the present situation of those tracle unionists rho rere allegeil
to have been cletained or in respect of whom arrest rarrants hacl been issuecl.
269. As regartls the ttismissal of tracle unj-onists f ron central and state
government posts the Connittee notes with interest that the situation of these
persons is being reviewecl and that the Government proPoses to issue appropriate
instructions to a11 concernecl in this regarcl very shortly. The Committee notes, in
addition, the Governmentrs stateuent that state goveEnnents have been reguestecl to
revier all cases shere the servi.ces of employees ttere terninatecl ancl that a
directive has been issuecl by the Uinistry of Labour to reinstate all employees rho
were dischargeil cr dismissed as a result of absence conseguent upon their cletention
under emergency regulations. The Conmittee floulcl reguest the Government to supply
additional informaticn on the outcome of the revier procetlures, rhich the Connittee
consiclers to be a positive step on the part of the Government to restore a situation
in rhich tracle unionists can exercise their legitimate functions freely anil without
fear of reprisals. The Committee soultl also reguest the conplainant organlsation to
provitle any conoents it may nish to nake concerning the over-all situation in the
Iight of the action rhich is being taken by the Government to review cases of
di s missal.
Goveroment has not
27O. I{ith regard to the renaining guestions on 'Jhich the
255 above the Committee
yet provided its observations, as sumnarisetl in paragraph
woulct request the Governnent to coununicate its observations on these natters as
soon as possible.
27L. fn these circunstances, and
Committee recommencls the coverning Body:
rith regard to the case as
a
rhole, the
the arrest antl tletention of trade uni.onistsr 'to note, with
the Governoentrs statement that all persons sho were being heLd in
cletention have been releaseal following the lifting of the state of
cn 2L l,!arch L977 | except in cases involving violence or economic
(a)
as regards
interest,
preventive
emergency
offences;
(b)
to reguest the conplainants to coumunicate any adclitional and Dore recent
information that nay be available regartling the preseot situation of those
tratle unionists who yere alleged to have been tletainecl, or in respect of rhon
arrest warrants hacl been issued;
as regarils the dismissal of tracle unionists, to note with i-nterest that
positive action is being taken by the Government to reviev all cases of
riismissal; to reguest the Govern[ent to provide additional informati-on on the
outcome of the review proceclures;
to reguest the conplainant organisation to provide any conments it nay rish to
make concerning the over-alI situation in the light of the action that is
being taken by the Governnent to review cases of dismissal;
to reguest the Govern[ent to coonunicate as soon as possible its observations
on the other allegations nacle by the conplainants antl summarisecl in paragraph
255 above; antl
(c)
(d)
E-2584-3C:34
47to take note of this interim report.
(f)
eesg-.ue=-g5g
EqleIAITIE-EBEE!!!E!-EI-!E!- !A!I!-ATTBI gA!-!!Ig3A!
9r- !9BEE3E-AI!-!B!-!98!p-9!!r!!E3A rr9!-9r-!!!9!!
asurs!-3!E-s9r!8!r!rr-
I !-8aB-ssgar
272. the complaints of the Latin American Central of Eorkers (CLAT) and. tlr"
iIorld Conf ecleration of Labour (llCt) are containetl in two letters datect respectively
? July and 21 July 19?6. The CLAT supplied further infornation in comnunicationsin
dated 9,IuIy 1975 and 15 July 1977. iire IiCL also provicted additional informati-on
a letter dated 5 August L9'17.
273. The Government communicated certain observations by a letter dated 2L
August 1976. As authorisecl untler the procetlurerr the Director-Genera1, consiclering
going into the substance of the issue - that this letter did nct contain
-,ittoot
behalf
sufficient inioruaticn to enable the Con[ittee to examine the case, rrrot€ on
would be clesirable
of the Committee directly to the Government pointing out that it points
raisetl by the
for it to supply more specific information coocerning the
complaiaants. ii iav L977, lhis infornation sti11 not having been received despite
to the Government to supply the
repiated requests, the Committee appealed
intornation r6guestetl as a natter of urgency. a The Governnent replied by a letter
dated 3O Septembex L977.
27U. paraguay has ratified both the I'reedom of Association and Protection of
the Right to 6rginise Convention, 1948 (No. 87), and the Right to 0rganise ancl
ColLective Bargaining Convention, 1949 (No- 98).
National
Zj5. The CLAT, acting on behalf of its affillated organisation, the
of July 1976 that the
Central of Urban norkers (CUIU), statecl in its communicati-ons
Ieaclers of the tratte unions connecteil rith the CLAT, as ue11 as the peasantsl
movemeDt, uere being subjected to attacks ancl persecution. ft mentionecl in
particulir the names of ttre folloring leaders, vho, it claimecl, hacl been arrestecl
and torturetl at the beginning of tlay 1976:
- Emigdio Colman Nuflez, General Secretary of the CNTU, arrestecl with his 12-year
olcl son;
urban sector, joiner, arrested rith his 16- Oscar Vicente Rodasr leacler of theolcl
son;
year oltl daughter ancl his 18-year
- Julian Flor, Jos6 Ojeda, ilos6 Parra' Fretez ancl other leatlers of the peasantsl
movemen
t.
conplainant also mentionecl the closing clorn of the John XXIII PeoPle I s
Instituie, founclecl by the Christian Central of llorkers - now the CNTU - for the
beneflt of the countrYts Youth.
the same
276. The CLAT also clescribed. inciclents uhich had occurretl cluring
leaders: llarcos
period in the town of Petlro iluan Caballero, involving tracle union offices
of the
Ucosta ancl Luis Oscar Rol6n had been arrested and taken to the
government delegation, where they were helcl for_15 days; Severo-De19aclo, an active
by t!" police, rho raided his house; he
feasantsr trade rjnionist, was wani,e<t
rith other persons. The.CLAT expressecl the
togeth-r
Brazi.l
to
managed to escaFe
opinion that the ihri"ti"n-inspired tracle union &ovement Has beinq systematically
pirs"cot.d in paraguay. It also claimed that torture uas being shamelessly
The
practisecl .
277. The nCL also referretl in its letter of 23 July 1975 to the arrest on 4
ancl 5 Uay L976 of a number of the persons mentionecl by the CLAT. It alrex attention
See
1Ilth Report, Para.19.
See 168th R€Port, Para. 7.
E-2584-3c:34
_ lq
_
to the violence antl repression being unleashecl against tratle unionists, especially
leatlers ancl militants in the peasantsr sector. It expressetl the vier that a
skirmish in April L976 betreen the armed forces anal a grouP of guerrilleros had been
usecl as a pretext for attacking any organisation rorklng tc bring about social
reform and an inproveuent in the miserable 1ot of the peasants.
2'78. The CLAT addetl in its letter of 15,July 1977 - claining to speak on
behalf of the Christian agrarian leagues of Paraguay - that the peasantsr trade
union leacler l{artino Ro16n Centuri6n had disappearetl mysteriously on 4 April L976.
no doubt arrestecl by the National Guarcl. The complalnants had reason to believe
that he rlas alive and in custocly at a National Guarcl barracks, ancl had been
subjected to tortur€.
He had never been charged uith any offence, nor brought to
trial, nor convicted. The fiCLrs communication of 5 August 1977 referred to the same
hatl been uoundecl on the day of his
facts. It specified that the person in guestion
arrest rhile trying to defend hls home. 'He rlas in solitary confinement ancl in a
piteous state. The flCL further stated that the three brothers of ttaEtin Bo16n
Centuri6n were also in custocly: DomJ-ngo at the Investigation Departnent (vhere
there uere torture chambers) r and !lelchor and Santiago, against whom lega1
proceetlings sere pending, at Emboscacla Penitentiary.
279. In its first communication dated 21 August 1976, the covernment stated
that the ttinistry of Justice ancl Labour hatl alnays upheld the rights of all r,orkers
and that the Government ras ready to dialogue rith 1awfu1ly establishetl trade
unions, which enjoyed guarantees in conformlty with the Governnentrs econonic ancl
social policy. The right to associate tras recognisetl in the National Constitution,
but its exercise had to be regulatedl by administrative rules to ensure that no harn
was done to the national conmunity. The Government rrent on to state that the unj-ons
cited by the conplainants rere totally unknorrn to the llinistry, with which the
lanfully recognised organisations were registeretl. The latter roulcl be justified in
complaini-ng to international bodies if it coulcl be provetl that their rights rere
being violatecl. Statements by il1ega1 organisations of the kind involved in the
present case - trhich hatl never been recognisetlr 6ntl hacl noreover never applied for
recognition - rrere pure inventj-ons submitted solely for the purpose of giving a
false impression of the real situation in the country, for the furtherance of
contemptible interests contrary to th€ general interests of the nation. At no time,
added the Governm€Bt, hacl there been any infringement of freeclon of association; no
genuine tratle union leatler, now or in the past, had ever been hinclered i-n the
performance of his functions. As for the others, the Government stated that it had
no knowlectge of their whereabouts antl refutecl the allegatlons nacle, clai-ming that
those rith a full knorleclge of the facts who sere active in the labour field, vithin
the frameuork of the Constitution anil the national 1ar, hatl never uenti-onecl having
any difficulties of any kind rlhatsoever inside or outside their unions.
28O. The 6overnment specified, in its letter of 30 September 1977, that
llessrs. Enigdio Colman Nufrez, ilulian Flor Lugo anal OscaE Vicente Boclas haci been
arrestetl because they were believed to have participatetl in subversive activities;
all three had norr been releasetl - the first tr{o in L91 6, anci the third in ltarch
]-977. [s for ]tessrs. Jos6 Gill ojeda Falkan, iros6 Parra caona ancl Peclro f'retez,
they were sti11 in Emboscacla Prison, araiting trial in the ordinary courts on
charges of contravening Act No. 2O9 respecting the preservaticn of the public peace
ancl personal freeclom. These facts shoueal clearIy, contiflueal the Government, that
these persons did not belong to any tratle union or suchlike organisation operating
1arfully in Paraguay.
281. As concerns the closing clorn of the John XXIII Institute, the covernoent
stateal that this hacl been tlecidecl upon by the conpetent ministry because the peEsons
in charge had failed to comply nith the 1egal requirenents uith respect to the
operation of intermediate-1evel etlucational lnstitutions. The decision ras basecl on
section 106(c) of Decree No. L1O92 of 18 February 19113, which stipulates that an
establishment may not operate Hith less than a minimun of 20 pupils per ccurse - a
requirenent that the institute in guestion ras unable to meet; it ras notifiecl of
the decision on 2 February 1976. Tn conclusion, the Government repeatecl its
statement that freeclom of associatlon prevailed in Paraguay.
282. Before examining the specific allegations macle in this case, the
Committee rishes to recall that in cletermining whether or not an organisation is
occupational in character it has never consitlerecl ltse1f bcuncl by any national
definition of what constitutes an occupational organisation; it has stated, for
example, that failure by an organisation to file its rules in accorclance rith
national legislation coulcl be no aclequate reason for declaring a complaint
E-2584-3C:3(
-49irreceivable, since the principles of freeclom of associatioa clenancl that workers
should not have to cbtain prior authorisation before establishing organisations of
their own choosing to further and tlefend their interests.r In the present instance,
officially
the fact that t[e national organisations of workers ci.ted have not beenwhich
have
justification
the
of
allegations
the
rejection
for
no
is
recogni.setl
more|ver been piesented by the CLAT and by the IICL - since it is clear from the
complaints that these organisations have at least a gg-!Cg!g existence.
283. The Committee notes the information supplied by the Government on the
substance of the case. Horever, the Government has furnished no Particulars as to
the reasons for the arrest of llarcos Acosta and Luis Oscar Ro16n, the measures taken
against Severo Delgadc or the fate of t'lartino Ro16n Centuri6n and his brothers. Nor
his it communicated its observations in reply to the allegations to the effect that
a nunber of the tracle unionists naoecl by the complainants have been subjectecl to
i11-treatment.
zBU. As regartls the John XXIII Institute, the comPlainants have not furnisheal
evidence to prove that the closing clofln of this intermetliate-leve1 eclucatlonal
institution, as it has been clefinea ly the Government, constituteal interference rith
the exercise of tratle union rights.
285. Ilhile the Committee notes the release of Emigdio Colman Nuflez, Julian
it
Flor Lugo anal Oscar Vicente Rodas, anal of tlarcos Acosta antl Luis Oscar Ro16n,
that the
$ishes n6vertheless tc point out, as it has clone nany tines in the Past,2
no grouncls for
cletention by authorities of trade unionists concerning whom of
tracle union
convictj.on aie subseguently founcl is 1labIe tc involve restrictions
the governuent concernecl shoulcl take steps to ensure that the authorities
rights;
concerneil have instructions appropriate to eliminate the ilangers of tletention for
tracle union activities.
286. As concerns ,Jos6 ci1l Ojeda Falkan, Jos6 Parra Gaona ancl Pedro fretez'
the Government had not suppliecl any
who are sti1l in prison awaiting triat,
i-nformation as to the actual facts which 1ed to their arrest. In this connection,
as the Comnittee has alreacty done, particularly 1n other
it should be recallecl,
paraguayr3
that where conplainants altege that torkers or trade
cases relating to
replies of the
union Leaders have be6n irrested for trade union activities, ancl the
government concernetl amount to general clenials of the allegations or are simply to
for reasons of
it" effect that the arrests were macle for subversive activities,
folloHs the
internal security or for crimes uncler the orclinary law, the Committee
further
submit
to
reguesteal
be
should
governnent
concernecl
rule that tha
them; j-t
informa.tion, as pre6ise as possi.ble, about the arrests and the reasons forproceealings
has reguesietl, in particular, infcrnation concerning any 1egalbefore it when
instituied ancl theii outconer so that it can have all the facts
exauining the allegations.
2A'1. In these ci.rcumstances, the Committee recommencls the Governing Body allegations
(a)
to tlecitle, for the reasons statetl in paragraPh 28tl , that thc
relating tc t he closi-ng dosn of the ,John XXIII Institute tlo not call f or
further exanination;
rlor Lugo
(b)
to note with interest the release of Emigdio colman Nufrez, JulianRo16n,
but to
ancl Oscar Vicente Rotlas, ancl of llarcos Acosta ancl Luis Oscar
grouncls for
recall that the detention of traile unionists concerning vhon no
con viction are subsequently founct is fiable to involve severe restrict-i-ons of
'union
tracle
(c)
rig hts;
to supply
to request the Government, for the reasons statecl in paragraph 286,
Palkanr Jos6
detaiied information as to the specific acts Jos6 Gil1 Ojeda ccmmunicate,
parra Gaona ancl Pedro Fretez are sai-cl to have committecl , ancl to
as soon as they are pronouncect, the texts of the juclgements handecl clorn in
respect of these Persons antl the reasons aaltluced therefcr;
I see, for example, 6th Report, case No- 55 (Greece), Para'
9O3; 142nd RePort'
Case No. 694 (Honduras), Para. 56.
2 see, for example, 160th nePort, Case No. 842 (Argentina) , para. 438; 164th
168th Report, Cases Nos. 825 ancl 849
Report, Case No. 848 (SPain) ' Para. B4;
para.
142.
(Nicaragua) ,
3 see 142nd RePort' cases Nos- 606 and 663' Para. ?3.
E-2584-3C:34
.5q_
(d)
(e)
to reguest the Government to supply also infornation as to the situation of
severo Delgatlo and I,!artino Rol6n Centuri.6n, ancl t-he latter I s brothers, and the
specific acts of nhich they are accusecl, to state rhether legal proceedings
have been instituted against then and, j.f so, to connunicate the texts of the
juclgements handetl tlorn antl the reasons atlctuced therefor;
to request the Government to provicle its observaticns in reply to the
allegations concerning the allegetl i11-treatment of a nunber of persons in
custody;
(f)
to take note of this interin report.
9ass-!e,.-!5.9
sg!E!AI!!_38ESE!!ID_EI_!g!_!4rr!_A]!EB I gAr_!!pJ!AItgl
9I_IABg!9E5EES_ASAI-USg_!ts!_SArE3!!.E!L!!_89!!!93
288. By a telegran tlated 27 August 1976, the Latin American Fecleration of
Farnvorkers submitted a complaint of infrj-ngement of freedom of asscciation i-n
Ecuatlor. The text of this communication uas transmitteat to the coveEnIent, uhich
forrarcleil its observations by a letter tlated 26 September 1977.
289. Ecuactor has ratifled both the freeclom of Association ancl protectlon of
the P'ight to organise convention, 1948 (No. 87), and. the Right to Organise and
Collective Bargaining Convention, 19tt9 (No. 98).
29o. In its telegram the Latin American Fecleration of Farm{orkers alleged
that the Governrent had intervened during the congress of the FENoc (Federation
of
Farngorkers of Ecuaclor), and that 250 delegates had been arrested.
29L. In its rep1y, the covernment stated that it uas public knorleclge in
Ecuattor that the PENoc had organisecl a subversive meeting directed againit the
regine. This action ras deemecl to be i1lega1 by the authorities, since under the
lar clemonstrations of a political nature jeoparriising the security of the state are
totally prohibited. rn consequence, a number of persons hail been irrested,
penalties had been imposed upon them for breaches of pubJ-ie or6er it ancl once
eere
innecliately released.
"y
292. The Gcvernment added that it hacl not taken over control of any traile
union organisaticn, ancl that all workersr organisations were carrying
their
activities normally. Accoriling to the covernment, there Here splits i; on
certain
traile union associations because of ideological and political differences among
t-heir leaclers.
293. The Comurittee notes the infornation supplied by the Government. It must
observe, horever, that the Government has not indicated the reasons why the congress
organisecl by the IENOC sas helcl to be subversive. Nor cloes the Governnent specify
the tyPe of penalties imposecl upon the persons arrestett, nor the nature of the body
which imposed them. rn this connection the Committee recalls that rhere tracle
unionists are accused of political or criminal offences which the
consitlers to have no relation to their tratle union functions, the personsGovernnent
concernecl
shcultl be given a Prompt and fair trial by an inclepentlent ancl impartial juclici_aiy.
r
294. rn these circumstances, the Committee recomnentls the Governing Body:
(a) to note rith interest that the tracle union tlelegates arrestecl are nor at
(b)
liberty;
to reguest the Governnent to supply particulars as to
?ENOC congress was consiclereat to be subversive,
penalties inposed ancl the nature of the body vhich
furnish the texts of the judgements hanclecl clorn, if
reasons atlducetl theref or;
the reasons why the
to specify the tlpe of
imposid them, uni to
any, together with the
j9L___!9_!ake note of the present interim report.
See, for example, 165th Report, Case No. 837 (India), para.. 1O8;
Case No.
(jordan) , para tt5;
16sih Report, Cases Nos. 825 and g49 (Nicaragua),
9:?
para.
L42i Case No. 861 (Bangladeshl , para.
23i1.
E-2584-3C:34
- 5l
gssg-!s".-g0g
g9s3!arrr-s!!srgrE!-Ex-rEE-!E3!rrlu-ru5!83!!!:S
IE!EEA3IAT_ASSI!E]-I!E-E9IEB!gE!!-9E-!!!!
2g5. By a conmunication of 25 OctobeE Lg'?6. the Peruvian FiFhermen I s
I'ederation subnittecl a complaint ccntaining allegations of infrinqeBents of tracle
union rights in Peru. The text of this communication ras transmitted to the Governnent, rhich submitted its comments in a letter dated I irune L977.
296. Peru has ratified the Freeclom of Association and Erotection of the Right
to Organise Convention, 1948 (No. 87) anal the Right to Organise ancl Collective
Bargaining Convention, 1949 (No. 98).
29-1. In its complaint, the Peruvi-an Fishermenrs Pederation statecl that by
Legislative Decree No. 21558 of 20 July 1976, the Government crderecl the transfer of
tha fleet of the enterprise Pesca Per6 to small private firns. Accorilinq to the
conplainants, these measures deprivecl the fishermen of their right to rork and of
the social benefits antl ailvantages they had struggled to obtain, Particularly that
of security of emPloYEent.
298. The Peruvian Fishermenrs fealeration went on to explain that, sj-nce 9
September L916, national leaders ancl ordlnary fishermen and their rrives hacl been
peisecuted by the Governnent, arrestecl ancl cletainetl. They stated that over lOO
persons rere being held in the State security Prisons"
299. The complainant organisation also stated that rhen the !!inistry of
go to sea
Fisheries iteclarecl open the fishing season, all the fishermen refused to ,letainees.
until the Government hacl agreecl to discuss ltith them ancl r€1ease the
Accoriling to the Peruvian Fishernenrs Federation, the Government then orilered the
dismissal of all anchovy fishermen belonging to Pesca Per6, rith an obligation to
re-register before 28 October L976. This re-registration, aitclecl the complainants'
obliged the fishermen to give up their rights ancl aclvantages.
3OO. In its reply, the GoveEnment explainecl that the public fish meal and oil
procluction enterprise Pesca Per6 helcl a rnonopoly for the inclustrial transfornation
of anchovies into meal and oil, an activity vital for the countryrs clevelopment.
prcn 1q75, the situation in that unclertaking sas critical.
A commission composecl of
representatives of all the sectors concerned had stucli-ecl the si.tuation and conclualeai
that the enterprise wculd have to be restructurecl ancl reorganisecl. In application
of Legislative Decree No. 21558, aclopteil for the Prtrposer t-he State continuecl. to
transform an{ to narket anchovies, but the fishing itself ras left to sma11 prj-vate
untlertakings, couposecl of the rorkers Hho served in the Pesca Per6 fishing fleet or
private eoterprises. Pesca Pert uorkers; rere grantecl consiclerable facilities ancl 9O
per cent of the bcats rere purchasecl by them.
3OL. Hosever, continued the Government, a group of persons ancl certain tracle
rrnion leailers of the Peruvian Fishermenrs Fetleration, in au effort to slov clorn the
countryrs econonic recoveEy, brought FressuEe to bear on the workers rj-th a view to
prevenling them complying with the provisions of the legislative alecree. ['!oreover '
on 18 Ociober L976, they persuacled sone crers to start an untimely strike
accompaniecl by acts of terrorism against the non-striking fishermen. This took
place in Lima, Ca1las, Huacho, Supe ancl Chincha. It vas shoin by t!. police
investigations carrieal out that the uorkers belonging to the rrcommanalo t!i9uel Grau
Bebelde y Combatienterr were opposetl to the official date for the opening of the
fishing season. The Governoent provictect, in this connection, a list of the persons
affectecl by these terrorist acts.
302. Folloring the investigations, an orcler ras issuecl for t-he arrest of the
uere Luis Arce Boya, }{arcos Bejarano,
suspected persons. The persons involvecl
lbelardo Ojeda antt two other persons. r The Government explain€tl that these measures
qere not directecl against the trade union representatives on account of their union
activities, but so1ely for punishable acts. Only five Persons hail been arresteil ancl
once the investigations uere complete, they were releasecl. No person rras at Present
being hel.d in connection cith this case. The Government also stated that it hatl not
violatetl the rights and social aclvantages of the workers.
r The persons mentionecl were leatlers of the Peruvian Fishermenrs Federation
signatories of the cooPlaint submitted to the Conmittee by the Fecleration"
E-2580-3D:34
anil
303. The Conmittee notes that the case before it concerns the arrest of trade
union leaders follouing a stri-ke in the fishing sector. The Committee also notes
that, according to.the Government, these measures i{ere not taken on account of the
traile union activities of the persons concerneci, but because of punishable acts.
The persons have since been releasecl. Ilhitst noting these releases, the Conmittee
considers it appropriate to remind the Government that the arrest by the authorit-ies
of trade unionists regarding vhom no grouncls for convi.ction are subsequently foun6
may seriously restrict freeclom of association. r If the Government hatl suificient
grorrnds for believing that the persons concerned had been i-nvolveil in criminal acts,
these Persons shoulcl have been rapidly bEought before the courts to be tried with
all the safeguards of a normal judicial procealure.2
3o4. The Committee also notecl the appearance in the 0fficial Journal of an
order No. 29-16-9 n 5500 of L2 November L9'l 6, by which the ltinistry of Laborrr has
withdraon representative status from the Peruvian Fishermenrs Fecleration leaclers
vis-A-vis the State actministrations and public ancl non-public bodies. The reasons
for this decision i-nclude, i-n particular, the statement that the strike launchecl by
these leaclers conflicted rith the state of emergency ancl that terrorist acts hacl
been committed against persons and private property.
3O5. The Committee consiclers that such neasures atlopted by the ailmini-strative
authorities create problems rith regard to Article 3 of Convention No. 81, ratifiel
by Peru, accorcling to uhich workersr organisations have the right to elect their
rePresentatives in fu11 freedon and the public authorities shorrlil refrain from any
interference rhich nould restrict this right or impetle the tawful exercise thereof.
The Committee roulcl like the Government to transmit any comments j-t might wish to
make concerning this Craler.
tA6. In these circumstances, the Committee recommends the Governing Body:
(a) to note with interest the release of the arrested trade union leaders, but to
calI the attention of the Government to the principles set out in Iaragraph
(b) to cal] the attention of the Government to the terms of Article 1 of
Convention No. 87 concerning the right of workerst organisations to elect
their representatives in full freedom;
(c)
(d)
to invite the Government to submit its comments concerning the sithalrarral
representative status from the Peruvian Fishermenrs Fecleration lea6ers of
virtue of Ministry of Labour Order No. 29-76-9n 55OO of L2 November 1976; by
to take note of the present interim report.
gasg-19,'--AZq
Eg-UElrrI!_38!EI-U!!!_!LI!!_!MrIra!_s!-u-E!t-L
gaII!!!E-tI4I_9I_!98!!3S, _IgE _!r3I N_A!-E3ItA-N
gE-u!!3!_ar_I9!-[E3S_A-Ip_rE!_!9-B !!_ g!-UI-E!E8t-rI0J
9I_!A!9IE_ASAIXSL!EE_qgrE3lUEI3_AE_3r3!
307. Tn communications dated respectively 3l January, 3 February antl 11
February L977 the Feruvian General confedeiation of I{orkers
(CGTP) , the Latin
American central of Ilorkers (cLAT) ancl the [or]_d confederation of tabour
(IJCL)
Dresenteal complaints alleging the violation of trade union rights in Peru.
3o8. The texts of these communicatj-ons were transmj-tted to the Government,
which sent observations in a conmunication clatecl 15 september 1977.
r see, for example, 161st Report, case No. gz3 (chile), para. 62; 16gth Report,
cases Nos. 825 anal 849 (Nicaragua) , para. L42;, case No.- 861 (Banglarleshl,
b"ru.
230.
2 see, in this connection, l66th neport, cases Nos. 6g5, IgLt So6 anct g14
(Bolivia), para. 26; 15Bth Report, Cases Nos. 825 and
849 lilicaraguay, para. Lu2.
E-2584-3D:34
- 5l -
309. Peru has Eatified the Freedou of Association and Frotection of the Right
to Organise Convention, 1948 (No. B7) , and the Right to Organise ancl Collective
Bargaining Convention, 1949 (No. 98).
310. In its complaint the Peruvian General Confecleration of florkers alleged
that the 0rganisaticn Secretary of the Fetlerat j-on of Peruvian l,letalrorkers, Ju1i6n
Sj-erra Corrales, hacl been exileal to Panama oo 2-l Deceober L976. This measurer
stated the Confederation, had been taken after he had been imprisoned for over IOO
days on a charge - which according to CGTP was false and arbitrary - of attempting
to rrsabotage increased proaluctionrr. This charge, brought by llr. Sierra Corralesr s
employer, llas not investigatecl uniler any form of aclministrative or judicial
proceclure.
311. As for the CLAT, it stated, in its complaint, presented in the name of
the Latin American Confecleration of Communication !{orkers ancl the
its affiliates,
Sole Federation of Pcstal anal Telecommunication I,Iorkers of Peru (fUTT) , that
period andl that the basic rights
Peruvian workers vere passi-ng through a difficult
Iaid clown in the national leqislation and in i-nternational Conventions were heing
vi-oIa ted
.
372. According to CLAT, on 25 June 1975 the FUTT presented a statement of
of Transport ancl Communications. llhen thei-r
minimum claims to the t!inistry
representatj-ons provecl fruitless the rorkers cleciclecl to call a 24-hour strike for 17
December 1976. This ras follorecl by severe repression, cluring rhich union officials
sub jectecl to
and their r j-ves were arrestetl , homes rrere searcheal ancl relatives
humiliating and atusive treatment.
313. These events, according to CLAT, forcecl the FUTT to call a general
of unlimited duration. The Director-General of Communi-cations unclertook to
resume discussions and to seek an agreement if the workers went back to wcrk on 27
December 1976. Although the situation then returnecl to ncrmal, not only ras the
ancl many telecommunication
agreement refused but all the tracle unicn officials
dismissed. The CLAT attached various documents 1n support
workers vere arbitrarily
of its statements, in particular lists of persons arrested (traale union officials
and thej.r relatives), n5-ne of rhom uere sti1l uncler arrest; a report on the health
of the Organisation Secretary of the fUTT stating r-hat he suffered from pains in the
bulletins from the Dj-rectorate of
lumbar region anil lower linbs during his arrest;
meetings at the workplace and refusing leave of
Posts ancl Telegraphs prohibiting
absence; ancl a li.st of 74 persons rho hacl been dismissecl f or taking part in the
strike (the list statecl that the total number of those disnissecl vas about 1oo).
strike
314. Flna11y, the CLAT referrecl to Presiclential Resolution No. OOO'I-71 'lC//CO
of 5 January t97't - the text of shich it providetl - cancelling the registration of
the folloring organisations: the Asscciation of Peruvian Telegraphists anal Ratlio
Telegraphists, the National Association of Postmen and Post Office florkers of Peru,
t-he Society of Postal Employees of Peru ancl the Association of Postal and Telegraph
Office Drj-vers of Peru. The preamble to this resolution recallecl that uncler secti.on
49 of Act No. LL3'17 associations of sorkers in the public sector may not adoPt the
same forms of organ5-sation and means of action as trade unionsi nor may they resoEt
or any other form of pressure in pursuit of their claims.
to
strikes
t'lotvithstanding the provisions of the Act, the resolution rent on to state, the
associations mentionecl set up a rrsole fecleration of postal and telecommunication
workersrr. Furthermor€, continueal the Presiilential Resolution, the said associatlons
hacl carriei on viclent agitatlon within the Directorate of Fosts ancl Telegraphs,
the workers to paralyse a public service, rhich rlas a crime against the
inciting
the
For this reason the Besolution cleclared that
security of the State.
recognition and ileclared them struck
associations had lost the right to official
from the official register.
315. The conmunication from the tlCL containecl allegations identical f-o those
of the CLAT.
316. fn its reply, the Government stated that the situation to which the CLAT
and the HCL referrecl concerneil only the rrorkers at the Directorate of Posts ancl
nelegraphs ancl not those of the other public services in the telecommunications
recognisecl
sector. The Government also indicated that there {ere no officially
this Directorate.
In accordance $ith section 49 of
tracie union organisations'rithin
Act No. LL377 of 29 ltay 195O, rorkers in public boclies depending on the Central
or to
covernment coulcl organise for the purposes of cultural ancl sports actj.vities
The Horkers of the Directorate of Posts
form co-operatives or mutual aid societies.
recognisecl uncler civil
and Telegraphs rere thus organisetl in associations officially
1a
lt.
E-2584- 3D: 34
_ 54
_
317. These associations, $hich did not enjoy the status of tracle unions, had
since L97L, stated the Government, committecl acts incompatible rith their legal
status. In 1974 they had united to form the 'tso1e Front of Telecommunication ind
Postal ilorkerstr. Following a congress, they
set up the rrScle Fecleration of Telecommunication and Postal Borkersrr in 1975 ancl organised rork stoppages in the public
postal and telecourmunications services. Thus, in June L975, a strike for two reeks
was calleil without heecl for the serious conSequences which it- woulcl have for the
community. such acts were, statetl the Governoent, unlanful since the associations
in guestion uere carrying on activities rhich rere forbidden by their lega1 status.
Furthermore, they constitutecl crimes involving the initiation oi penal proceedings
before the Court of l'lilitary Justice in accordance with section 144 of iegislative
Decree No. 19O2O (General Telecommunications Act), 'rhich defj_nes such uork itoppages
as sabotage. Nevertheless, continuecl the Government,
the Horkers at the Oireciorate
cf Posts and Telegraphs implicated in these crimlnal acts had beneflted from
measures of amnesty.
318- Referring more sPecifically to the facts mentionetl by the ccmplai.nant.s
the Governnent confirmecl that, on 25 June L916, the iole reilerition
of
Telecommunication anii Postal ttorkers had submitted a statement of minimum claims.
This clocument, statetl the Government, containecl claims which sere incompatible rith
the conditions of employment of public rcrkers of the Central covernDent. The
t'lj-nistry of Transport antl Communications therefore pronouncecl that the statenent ras
not open to negotiation. In order, horever, that consultation should
be maintainecl
at all 1eve1s, the Di-rector of Posts ancl Telegraphs had, in a letter of 7
october
1976, informed the presidents of the associations that
claims concerning certain
questions, namely th9 granting of fellowships, the the
rationalisation of w5rk,
insurance, training and recognition of length oi service, would be satisfied. life
The
question of ra9€s wculcl be examined in due course within the framework of the waqe
policy Hhich the Government ras to establish for the public sector in th; ;;;a
budget.
319. Between l ancl 10 December I976 the higher authorities of
l,tinistry of
Transport antl communications maintaineit contacts and cliscussions withthe
the
presidents
of the four associations with a view to seeking a solution, but the negotiations
rere blocked because of the intransigence oi the uorkers. llhe seni-or clirector of
the Ministry told the representatives of the organisati-ons that economic
clalms were
determinecl by the lars relating to the budget and to rages for the financial year
L97'l The i'!inister personally expressed thls stanclpoint to the uorkers on 10
December
L916.
32o. on 15 Decenber 1976 the Feilerati-on sent the ltinister a comBunication
giving him a 48-hour period in 'rhj.ch to meet
the minimum
containeal in the
stateBent. The l'!inister decided to return this communication,claims
as
he consiclerecl that
j-rreceivable
it was
as to its substance ancl impertinent
to its form. The
organisations then decided to ca11, oa 18 DecemLer 1g76, aas
strike
of incleterminate
iluration of the',rcrkers of the Directorate of posts ancl Telegraphs,
with the
manifest intenticn_ of -causing chaos anil sabotaging the measures to redress
the
eccnomy. This was clone in
obedj-ence to the instruction! of polJ.tical agitators sith
radical leanings. Stressi-ng the important role of posts and telecommunications the
Government stated that the majority of postal ancl telegraph norkers were uru." of
t-heir.responsibilities and did not obey the call to strike.
The leaders of the
organisations threatened those rho ient to rork and
even assaultecl them. In many
cases corresponcleDce uas lost or tlestroyetl. In these circunstances the Director
at
the t'linistry of Transport and communicitions authorisecl the ilismissal of i_he guilty
parties ancl clemandecl the arrest of 26 1{orkers who had been j-dentified. Subsequ"nity
the ltlinister of the rnterior uas askeil to release then. since then nobody had been
held 1n custocly on account of these
_
events.
321. Nevertheless, in view,of the clamage
ancl the serious problems to
which its conciliatory attitude had given ri6e, causecl
the Government aclopted presideutial
Resolution No. ooo?./7'l Tc/co of 5-February Lg77',
the registration of the
associations of postal anil telegraph rorkerscancelling
for
exc6eding the limits of. their
status ancl functicns.
322. rn conclusion, the GovernEent stated that the complaint nas unfounded,
since the authorities at no tine impeded
the free exercise of trarie union
activities. They had confi-necl themselves to calling
a halt to the unlarful ancl
criminal.acts perpetrated by groups of workers by cincelling
registration of the
associations nhich had distortetl their ai-ms. Tire covernmentthe
likewise
that
the postal ancl telegraph rorkers had been clismissed ancl arrestecl notaffirmed
because of
their tracie union activities but by virtue of criminal
public oraler,
safety and the Property of other workErs, anil against the acts-ug"in=t
conmunity u" a rho1e.
E-2584-3D:34
- 55 hancl to the
323. The Comnittee notes that the present case refers on the onewithdraval
of
the
exile of a tracle union official antl on the other hancl to rorkers
the
anal
postal
telecommunication
anal
of
organisations
registration from
ariest anct clisuissal cf union officials ancl rorkers in this sector of activity.
324. The Ccmmittee notes that the Governnent has providecl no observations as
Fecleration of
regarals the exile cf !!r. ,lu1i6n Sierra Corrales, leacler of the
peiuvian I.!etalr,.lorkers. In general, the Committee wishes to reca11 the inportance
such
which it attaches to the fact that in cases of exile of tracle unionists,
of
the
result
not
ar€
ancl
safeguarcls
frrll
legal
by
acconpanied
are
measures
In craler to be
Iegitimate tratle union ictivitj-es on the part of those concerned.r
abie to reach conclusions on the substance oi the matter the Committee woulcl like to
receive the comments cf the Government on this allegation.
of
325. As regartls the cancellaticn of registration of forrr associations
notes that,
uorkers in the posts ancl telecommunications sector the Committee
of trade
accoriling to the Government, these associations did not Possess the status
legaI status
union oiganisations and their activities rere incompatible nith their
note of the
as established by Act No. LL377 of 29 f,!ay 1950. The Committee has taken
follcrs:
as
Horaleti
rhich
is
49,
particular
of
secti-on
question,
ancl
in
l,ct in
Employees of public bodies may form associations only in the fields of
may not
culture, siorts, mutual aid or co:operatives. The said associations
adopt tire titte of trade union or orginise thenselves on the same lines as
trade unions, nor may they adopt ihe same means of action as such bodies or
resort to strikes or other means of pressure in pursuit of thelr claims.
boclies
326. The Committee notes that uncler these provisions rcrkers in public
The Committee feels obliged to Point- oyt
unions.
tracle
from
forming
are prohibite,l
antl the
ihe 'incompatibility betw6en these provisions of Peruvian legislation
Peru,
accorcling
by
87,
ratified
No.
of
Conventicn
2
in
Article
dor,ln
iaid
frincipfe
including workers in public
io vhich workers, Hithout tlistinction whatsoever'
of their otln
bolies, sha1l have the right to establish and join orqanisations
means
choosing. AccorCling to irticle 10 of the Convention, the term rrorganisationrr
this
1n
interests.
their
defending
and
for
furthering
any orginisation of wcrkers
on the Application
.onn".Iion the Committee observes that ihe Committee of Expertson
the clenial of
of Conventions ancl Recommentiations has for some years conmenteal
Peru. It
trade union rights in the public servi-ce and state undertakings i-ncase
$ere
nevertheless appears that the organisations concernecl in the Present
practice.
in
nature
union
a
tracle
of
ictivities
certain
in
already
- The
by
coniiaers that legitinate trade union activities shoultl be recognised
Commitiee"ngaging
87. FinaIlY,
the las. throughout the public sector in conformity uith Convention No.
4 of the
the Comnittee ri"shes to recall the principle set forth in toArticle
be tlissolvecl
Convention, namely that Torkersr organisaiions shal1 not be liable
or suspended by atlministrative authority.
rorkers in
i7i. As regarcls the arrest anct dismissal ot union offi.cials andmeasures
were
the posts and telicomuunications sector the Committee notes that theseUnder
Peruvian
taken as a result of the strike ca11ed by their organisations.
in an
legislation (Legislative Decree No. I9O2O, seciion 144), any participation
services' or any
ifi"gaf strike- of the public teleconmunicatj-ons antl broadcasting
and is
incifement or appeal to participate in such strike, i-s held tc be sabotaqe
rn
imprisonment.yearst
to
1o
penalty
1
jurisdiction
of
uith a
subject to miliiary
addition, the eovernm6nt alleges that acts of violence rrere ccmmittect uPcn workers
uho refuserl to strike.
in
328. The Committee has always consiclered that recognition of trade unions
ft
has
strike'
to
right
the
imply
the public service does not necessarily
in the
.""ogni="d that the right to strike may be iestricted' or even prohibitedr
in serious
public service or i; essential seivices uhere a strike might result
in
public harCship.2 Nev€rtheless, where stri-kes aEe restrictecl or prohibj-ted
shoulcl be ensurecl
essential servj-ces or in the public service, atleguate guarantees
means of
to safeguard the interests of itre uorkers thus depiived of an essential
defendi.ig their occupational interests. Restrictions shoulcl be acccmpanied bv
r See 162nd Report, Cases Nos. 685, 8O6 and 814 (Bolivia) r DdEd. 39.
? See 142nd Report, Case No. 753 (Japan), para. 151; 149th Report, Case No.
(India), para. 133; 151st RePort' case No. 8o4 (Pakistan), Para' 174'
E-2584-3D:34
793
_ 56
_
aclequate, iupartial
a nd speedy couciliati.on ancl
proceclures in rhich the
parties can take part at every stage, antl in arbitration
which the arartls are binding on both
parties in all cases. r
329. The Committee notes that the rorkers rrho had been arrestecl have nos
releasetl. As regartls the <tisnissals, the Committee wishes to point out, as 1t beer
has
clone in several other cases, that the tlevelopment of labour relations coulcl be
impaired as a result of an inflexible attitude beinq adopted in the application of
excessively severe sanctions to rorkers rho participale in strike action. z In the
preseut case, the Comnittee feels that it roulcl be useful if the Government r,ere to
re-exaEine the situation of the tllsnissecl ucrkers as a result of the dispute in the
posts
and telecorrnunications sector.
330. In these circumstances, the Comnrittee recommencls the Governing Body:
(a) as regards the exile of ur.Juli5n sierra corrales, to reguest the Government
to sentl its observations;
(b) as regartls the labour dispute in the posts arrtl telecommunj-cations sector:
to ilraw the attention of the Goveronent to the inportance shich it
'(i)
attaches to the principles ancl consiclerati-ons set toritr in paragraph 326
above, andl in particular to Article 2 of convention No. 87; raiified Uy
Peru, accor{ling to which uorkers, rithout ilistlnction 11hatsoever,
including workers in public botlies, have the right to establish
organisations of their orn choosing;
(ii)
to urge the Government to take steps to ensure recognition of the free
exercise cf tracle union rights fcr all vorkers j.n the public sector;
(iii)
to Point cut that restrictions on the right to strike in the public
service ancl in essential services should be accompanied by acleiuate,
impartial and speedy conciliation and arbitration procedures in rhich
the parties can take part at every stage, antl in rhich the awards are
binding on both parties;
(c)
as regarils the measures of arrest ancl clisnissal:
(i)
to note rith interest that the persons who rrere arrestecl have nol been
releasecl;
(if)
(d)
to clra$ attention to the consiclerations set forth in paragraph 32g
above r aDcl to suggest that the Government should c6nteuptite reexauini.ng the situation of the clisnissecl workers;
to take note of the present interin report.
9gsc--Ue=_.9ff
g 9IP!AJ!!-PEE!!!IEP-!J-!E!-TATI9!A!-ISEASJA.X
IE!!3A!Ig!,_!.H-n_!B! p!_!.uI!IS_l!!EBlr!rc-ut_g!
E9QB4_!g-Ere c!4_-Eg.TE!_A!!_A!!J-Ep_M-g gIErEs_ttgE-ns,
!!!_!x!_rEA!E_!!r9r_gSrrEp!3alrgN_9E_!9BrE!5_0Ig9!9-U!-rA_ssAIrE!_M_99!83!!EIr_AI_99!!-Ul$ -
331- The con[ittee has atready exaninetl this case at its session in t1a]f !977,
it submittetl interim conclusioni to the Governing Body i.n puragiipt
ti'zsa
of its 168th Report._ This report ras approved by the-eoveining'aoay it "--zjs'
its 2o3rrt
when
Sessj-on (l,tay-June L91'll
.
t see, for exam;:1e, 149th Report, case No. 793 (rndia), paEas. 13j and 135;
150th Report, eases No. 758 and 783 (Costa Rica), para. 41.
2 see, for example, 132nd Report, case No. 6g6 (Japan),
Case No. 863 (Turkey), para. 't6.
E-2 584- 3D:
34
para. g2; 164th Report,
(t
332. Colombia has ratified both the rreeatom of lssociation ancl Protection' of
the Right to Organise Convention, 19qB (ilo. 87) , and the Bight to organise ancl
Collective Bargaining Convention, 1949 (No. 98) .
333. The couplaints containecl allegations concerning the death of the
peasantst leacler ilustiniano Lame and the arrest of the First Vice-Chairnan of the
Itational Agrarian Fecleration (FANAL) ; conceroing the traile union rights of workers
at the Colombian Social Insurance Institute (ICSS) and in the teachinq profession;
ancl concerning action taken against the rorks tratle union of the Colombian llinera1
llater Eoterprise ancl its leaclers.
334. After analysing the information suppliecl by the complainants and by the
Governnent, the Counittee recomnencled the Governing Body:
(a) uith regard to the tleath of Justiniano Lane ancl the arrest of the First ViceChairman of the FANAL, to reguest the Government:
(i)
to communicate the results of the judicial inguiry into the death of the
aforement j.onetl leacler
;
to send its observations on the allegations concerning the arEest of the
FAIIAL leatler, specifyj.ng the grounils for the aErest ancl indicating
nhether judicial proceectings had been instituted against him, and, i.f
so, tc communicate the text of the judgement given or to be given, antt
the reasons acltluced theref or;
(b)
as regartls the allegations relating to the tratle union rights of trorkers at
the lcss and ia the teaching profession:
(i)
to request the Governnent to conmunicate the results of the stuclies
untlertaken rith respect to the status of the rorkers at the ICSS and in
the teaching profession and to indicate the measures rhich it decided to
take cn the basis of these results:
(ii)
to reguest the Governnent to transmit its observations on the allegecl
disnissal of over 90 tratle union leaclers antl norkers of t-he fCSS;
(c) as regarcls the allegations relating to the Colonbian !!ineral llater EnterPrise:
(i)
to recal1 that, j-n accorclance with Article 4 of Convention No. 87,
workersr organisations shall not be liable to be ilissolved or suspencletl
.
by adninistratj-ve authoritY;
(ii)
to request the covernment to comnunicate its observations on this asPect
of the case;
(d) to take note of the Present interio report
335. The covernnent has stil1 Dot sent the observations and information
reguestecl rrith Eespect to the natters referrecl to in clauses (a) and (b) of the
previous paragraph. Ey a connunication tlated 1 September L9'l-1, the Government,
however, supplietl certain information ancl conments rith regard to the case of the
rorkers at the Colombian I{ineral Rater Enterprise.
336. The Comnittee recalls that the Tracle Unions International of Footl,
Tobacco, IIotel antl Allied Intlustries florkers hacl stated that the enterprise in
question hacl reguestetl authorisation in December 1976 to ciismiss the meubers of the
rorks tratle union committee. The Uinister of Labour hatl issuetl a resolution
tleclaring illegal a rork stoppage which had allegedly taken place in the
unclertaking, blocked the unionrs funils, suspentlecl the unionrs legal personality for
the
three months and authorisecl the unctertaking to disniss the sorkers, includi-ng
union leatlers. According to the conplainants, the uork stoppage in question hat[
(ii)
neveE taken place.
the Committee examinetl this conplaint at its session in UaY L977 ,
not yet furnishetl its observations on it338. fn its coumunication of I Septenber 1977, the Government stated that, as
a conseguence of the calling of a rrork stoppage rithout uarning by the corkers at
the eolonbian l{ineral I{ater Enterprise, the }tiniStry of Labour, exercising the
the
33?.
When
Government hatl
E-2584-3D:34
-
q6
/It
-
vestefl in it by 1ar, had issuetl an atturinistrative orcler cleclaring the
stoPPage to be il1ega1 ancl suspencling the legal personality of the union for a
period of tco months. The Governuent went on to state that i-tris administrative
sanctioa, notivated by.a stoppage of work in the absence of any collective clispute,
hail been iupose<t at a time rrhen Colombia ras not yet bountl to observe Conventions
Nos.87 antl 98r nhich it ratifiecl later.
PoBeES
339. The Comnittee trusts that - nor that Colombia has ratified
No. 87 - the Gcvernment ril1 take the necessary steps yithout delay r-oConvention
amen6 the
provisions of the Labcur Cotle rhich a1lor for the suspension cf a trade union
by
adoinistrative authority. The Counittee has already in earlier casesr drayn the
attention of the Government to the generally accepted piinciple
that rrorkersr
enployers' -organisations sha11 not be liable to -suspension or ilissolution and
by
adninistrative authority, as has occurrect rith the works union of the Colombiin
l{ineral' I{ater Enterprise. neasures of this kind dc not in fact ensure the right of
clefence rhich normal judicial proceclure alone can guarantee. rn this connecti6n the
Counittee feels bouncl to point out the contradiction bet{een the complainantit
assertion that no_ rork stoppage had taken place ancl the Governmentrs
to the
effect that the wcrkers had stopped nork even though there was noreply
collective
rtispute. This contracliction further prevents the comnittee from formulati-ng its
concl-usions as concerns the tlecision the Government is said to have takei to
authorise the disoissal of tracie union leaclers ancl rorkers.
34o. rn th€se circunstances, and rith regardl to the case as a rho1e, the
Committee recommencls the Governing Body:
(a)
as regartls the allegati-ons relating to the Colonbian uineral I{ater Enterprise:
(i)
to tlrar the Governmentr s attentj-on to the principles ancl consi-clerations
set forth_ in paragraph 339, and to urge it to take the necessary steps
rithout delay to amencl the provisions of the Labour Cotle nhich allor for
the suspension of a tracle union by admini-strative authority;
(ii)
to clraw the attention of the Committee of Experts on the Application of
conventions and Recommendations to this aspe-t of the casei
(b) as regarcls the allegations relating to the death of ilustiniano' Lame anil the
arrest of the First vice-chairman of the FANAt, anil the allegations relating
to the tratle union rights of corkers at the Colonbian Socia1 Insurance Inl
stitute and in the teaching profession, to reguest the Government
once again
. to provide the observations and infornation speCifiea in paragraph 334;
(c) to take note of the present interin report.
9ese_-Is-,._-qZ3
ggU!!A-r!!-EEESE!IEp-Er-: gl-!93-rp-sglrE!EBA1r9-U_!L!M!3
!EA]!E3_rI-E_s9IEBNgEr-T_aI_!!_sa!!l!!!
---
3ql. In a communication dated 15 tlarch LgT7, the norlct Confealeration of
Labour Presentetl a complaint concerning.the alleged violation
union rights
in El Salvaclor- lhe text of this communication uis transmittedofto tracle
the
Goverrment,
rrhich sent its observations in a communication of 19 uay 1977.
342. El salvaalor has ratified neither the Freedon of Association anat
Protection of the Bight tc organise Convention,
1948 (No. gil, nor the Right to
Organise ancl Collective Bargaining Convention, 1949 (No. Sgt.
343. In its coomuni-cation, shi.ch was also rrj-tten on behalf of the llorlcl
Federation of Agrj.cultural I{orkers (I{FAtI-c}1T), the rtorld
of Labour
alleged that one of the main targets for repression by the Confecleration
salvaclorian Government
$as the El Salvador Peasantsr Central Union (ccS).
rhose function of clefencling the
!,orkersr rural sector nas, accorcling to the 'compiainants,
becoming incr.asintiy
tifficult.
r See 124th Beport, Case No. 664,
69; 143rd Report, Case No. 764, para.
E-258tt-3D:34
para
86.
lL2; t38th Report, Case No. ?19, para.
-
':Q
-
3t14. The I{CL continuetl by stating that nilitants of CCS hacl been ar!:ested on
Cabaias
2'l October Lg76 ancl t,ere nos bei"ng helil in the Priscn of flobasco,
Department. The perscns ccncerned $ere Gilberto Echeverrla lr6nclez, Ju1i6n Pilar
Ecieverrla, Doloras Anadeo Rivas, iros6 Santos Aguilar and Alejantlro Apolonioofl{6ndez.
landAccording to the WCL these persons hatl been accusetl of illegai occupation
The tilCl itated that the land in guestion belcngecl to the CEL autonomous compaliy anil
ancl E11as
not to the persons rhc denounced these militants, namely Gamaliel !{enjlvarproof
ile Jes6s iivas, both of whom were landorners. The IICL sall this as not that
ot{n
violence has becoue institutionalisecl io E1 Salvaclor, since Persons who tlid
and false
the land in question had succeeclecl, by means of forged clocumeots
witnesses, in having prison sentences passed on the Peasants by the judges345. The IiCL added that two peasant nilitants, Francisco Gi16n Banos antl
Germ6n Ortiz, hacl been cletainetl since 29 ilanuary 1977 in the Santa Tecla Prison,
Department of La Libertad, on charges of slanclering the authorities of Bosario cle
goiu. According to the complainants thls accusation uas clesigned to divert
attention from the real activities of these tro militants i-n the field of peasantsr
tratle unionisu.
of
346. In its reply the Government explainetl, as regards the Personsaaccused
complaint
1o{gecl
had
Pefra
Riva
cle
Jests
Ellas
that
tlr.
1ind,
ofoccupation
i11ega1
on 2i Septenber 1976 rith the judge of first instance of l1obasco. The qrouncls for
uay onto the ProPerty
the chaige rere that the persons in question hacl forcecl thei-r taken
Possession of
of t{r. ELias tle Jes6s Ri.va Pefla $j-thout authorisation and hacl
T!"y had also
land in such a rray as to prevent hiu frou exploiting his property.
of
Ir- alos6
that
from
Riva
Pefrars
Mr.
separating
fences
the
ProPerty
destroyed
Various
Antoni6 Uen jlvar. lilr. iiva pena proclucecl his title deeds bef cre the court.
witnesses ionfirned that the peEsons nentionecl hacl usecl violence to gain access to
the land and had begun to work on it.
occltpiecl _laniI
34?. The examining magistrate hacl checked that the i11ega!-ly
property! ?nd on L9 Cctober 1976 the judge of fj-rst
was part of the plaintifi,s
aErest of the
instairce, considering ttrat there ras sufficient proof, orderecl the
The trial
courts.
the
the
cdse
before
to
bring
decided
persons concerned ina
proceedings are at this stage.
348. As regarals llr. Francisco Gir6n Ramos, the Govern&€nt st-ateal that this
had
person hail been irrested on 30 January 19?7 for being drunk ancl clisortlerly, an:l the
that
hacl
stated
uitness
A
municipal
tle
Mora
Rosario
Prisoo.
ieen heLd in the
tosn
person concernecl hacl clestroyed identity tlocuuents and official gazettes in the
Bamos to be
ia1l, ancl the j ustice of the peace hacl orctered llr. Francisco Gir6n
antl
pii""a under teoporaEy arrest" This measure vas confirmed by the penal juilge,
nlr. na[os l|as placed under preventive cletentj.on at the Nueva San Salvador prison.
He Has subsequently releasecl on bail on 15 l{arch L971. The proceedings are
continuing until a final decision has been taken.
statecl that the
3q9. In connection uith llr. Germ6n Cruz Ortiz, the Government
before the justice
local contsanding officer of Rosario de i{ora brought this perscnto.the
authorities'in
of the peace on 1 February tg'l1 for insulting behaviour
comnanal oi a military convoy. After hearing witnesses, the justice of the peace
orclerecl !tr. Cruz to 6" placed in temporary custoaly. On B February 19?7 the juilge of
the criminal court ordered his release for lack of evidence. Ir. Germ6n Cruz Ortiz
was inmeiliateLY released.
poi-nted out that the cases befored t-he
350. In conclusion. the Government
judiclal
investigation. It added that, in the
of
subject
the
been
had
Conmittee
couEse of the trials, neither the accusecl nor their counsel had allegetl that
Finally,
violations of human rights anci freeclou of association hacl been committetl.
flas
not an
Union
Central
Peasantsr
Salvatlor
the
El
that
observed
the Government
of the Labour
occupational association organiseci in conformity vith the provlsions
Code, nor had it applied to the covernment for recognition as a special association,
as provicleit for uncler the Civil Code.
of arrest taken
351. The Comnittee notes that the complaint concerns measures
Peasant organisation uhich
against peasants rho rlere supposedly uembers of awithin
the terms of the Labour
aicoraing to the Government is not an association
Coile or ite Civit Cotle. The Committee also not-es that the Persons in question '{ere
disorilerly behaviour, or
accuseil of illegal occupation of lancl, clrunken and
persons mentioneil by the
the
that
observes
Committee
The
insul.ting the autiorities.
cooplainints are being tried before the courts, with the exception of one whose
E-2584-3D:34
-61 did not proceecl for lack of evitlence. The Committee feels that, in orcler to
trial
enable it to cone to a clecision on the substance of the case, anil in particular to
tletermine rhether the proceedings instituted have a bearing on the exercise of tratle
it t{oulcl be most useful for it to have at its disposal the texts of
union rights,
the judgements rencleretl .
(a)
(b)
(c)
352. In these circumstances the Committee recommencls the Governing Body:
to note uith interest that ltr. Germ6n Cruz Ortiz, one of the persons mentioneal
by the complainants, has been released;
to reguest the covernment to provicle the texts of the juilgements renalerecl in
respect of the other persons mentionecl by the complainants as socn as these
are available;
to take note of the present interin report.
gese--ue=--gZg
g9!e!aru_EBEEE!!Ep_Er_!!!_s!!-E-E-rEpE33rr!!-9r-g!A9!!3E_r!
PRTVATE TEACHlNG AGAINST THE GOVERN}TENT CF GFEECE
353. The complaint of the Greek Fetleration of Teachers in Private Teaching
was containecl in a comnunication dated 30 April L977. Further infcrmation in
support of the conplaint uas containecl in communications from t-he ccmplainant
organisation dated 27 fray, 9 and 15 September 1977.
35q. The conplaint ancl additional information ras transmitted to the
covernment of Greece which, 1n a communication dated 19 September 1977, transmitted
its observations on the conplaj.nt.
355. creece has ratified both the Freetlom of Associ-ation anal Protection of
the Fight to Organise Convention, 1948 (No. 87) and the Right to organise ancl
Collective Bargaining Convention, 1949 (No. 9B).
356. The complainant organisation, in its communication of 30 April L9'77.
alleged that the covernment was seriously enclangering the tracle unicn rights of that
organisation by a series of measures that were anti-constitutional. Teachers in the
private sector, rho numberecl more than 6r5oo, rlere claiming that their professional
status should be clearly defined and guaranteecl, anal they had gone on strike
throughout Greece on 7 March 79'17. The strike ras carriecl on until 20 April 1977
uhen the Government decided to requisition the services of the teachers by clecreeing
arrcivil urobilisationrt. The result of this [easure ras to put an entl to the strike,
thus constituting, accorcling to the complainants, an infringement of traile union
rights as recognised by the Constitution.
357. The complainants statetl that this neasure of requisition of the
teachersr services vas tlenouncetl in Parliament by all the opposition party chiefs as
anti-tlenocratic and anti-constitutionalr antl the Greek General Confecleration of
Labour took a sinilar vieu of the matter.
358. During the strj.ke, continued the complainants, the !tinistry for National
Education interferecl rith the object of splitting the private teaching sector. The
ttlinistry also tlecided to a11or enployers in pri-vate teaching establishments to
replace the teachers rho rere on strike by retired teaching staff.
Furthermore,
staterl the complainants, the attitude of the l.linistry enablecl the employers to
pressurise i11ega1ly the teachers ancl the pupils in order to break t.he strike.
According to the complainants, there rere arrests, tlismissals ancl threats of
clisnissal.
359. In further communications the complainants transuitteal the text of a
ministerial clecision (No. 38901), published in the Official cazette cn 18 April
L977t by virtue of shich some 2O private schools, as reI1 as their personnel, Here
requisitionecl as frcm 20 April 1977 because of rrthe conseguences of the continuing
strj-ke of private teachers, their refusal to Ee-open the schcols for examinations
ancl the state of disorder thereby createal in such a sensitive social area, ancl in
E-258tt- 3D:34
l-1
vietl of the risk that the pupils could lose one school yearrr. A copy of another
ninisterial decision (No. 2251 | published in the official cazette also on 18 April
1977 , antl issuing an orcler for the requisition of all schools in the country as well
as their personnel, ras also transnltted by the complainants.
360. In its communicatj-on dated 15 Septenber L971 t-he complainant
organisation protestecl against the clismi-ssal of ltr. C. Vclioti, fonios School ,
Secretary-General of the Union of Teachers in Private Teaching (Athens and piraeus)
ancl of t'lr. r'!. Kriki, Delassal School, Presiclent of the Union of Teachers in Pri-vate
Teaching (Thessalonica) in violation of article 26(1) of LaH No. 33o/1976. The
complainants claimecl that these clismissals rrere proof of the anti-worker nature of
Lal{ No. 582/197'l recently voted by the Parliament. The complainants added that, in
the prececling two weeks, more than 1O0 of their colleagues. tracle unionists anal nontracle unionists a1ike, had been dismissecl.
361. The Government, in its communication of 19 Septenber 1977, tra nsmitteal
the reply of the t{inistry for National Etlucation to the allegations put forrarcl by
the complainants.
362. The !tinistry for National Eclucation explainecl that in a series of
ilecisions by the Court of Cassation it was decided that the labour contracts of
teachers engagecl in private teaching rere reneHable 1ega11y nithout limitaticn
of
t-ime provicled that the school in guestion continuetl to operate. A tlecision (No.
7t156/'16) of the Council- of State, horever, laid ilorrn that contracts of teachers in
private teaching can be reneuetl, after the expiry of the first three-year period,
ancl extenclecl for a further peri-od of three years.
The rrsuperi-or Special Courtrl
(provided for in article
1OO of the Constitution) was facecl with the problem of
interpreting the above clecisions ancl in a juclgement (No. l/761 upheld the following
interpretation:
that the meaning of article 57(2) of Legislative Decree No. 657 of.
1970 is that, following the expiry of the first three-yeai period, the contract can
be renewecl lega11y only once, prcvid.ed that the school in guestion continues to
operate ancl provided that the orner of the school has obtained the approval of the
school boarcl as regarcls the non-renewal of the agreement concernecl.
363. The uinlstry added that the teachers in private teaching had been
insisting
that the draft legislative Jecree which uas being preparetl, shoul:l ensure
tha stability and Peroanence of their employment in the schools where they workecl.
Houever, it had not provecl possible to satisfy their demantls since the adoption of
such provisions sould not be in confornity with the Constitution, an opinion Hhich
rras sharecl by a council of legaI experts which unanimously decided this to be the
case. This had been explainecl to the teachers on maDy occasions anil they had been
informed that every step woulcl be taken in the clraft legislative tlecree Lo guarantee
their salaries and positicns.
361{. Unfortunately, according to the Government, the teachers rrere unrilling
to co-oPerate in the elaborati-on of the legislative decree ancl their absence from
work created difficulties
in the running of the schools, thereby causi.ng the risk
that the pupils might lose an entire school year. ft was, accortlingly. decicleci to
seek the consent of the Prime l{inister, in ccnfornity rith article L9 l2l of tac No.
11 of L97u, to requisition those private schools which uere not operating, as well
as their personnel, in orcler that these might continue to function at least until
the encl of the current school year nhich uas shortly to finish.
Once the Prime
Ministerrs consent had been obtainecl, Acts r.ere passect in accorclance yith articles
18.22 and 112 of the Constitution, articles 18, 19 and 22 ot Lar.l No. 17 of 1974 and
article
2 of Law No. 9 of 1975, whereby 29 private schools were requisitioned ancl
the staff of these mobilisetl.
365. The Conmittee notes that this case coDCerns action taken by the
Governnent on 2O APEiI L977 to requisition a number of pri-vate schools antt mobilise
the teaching staff of these establishments cluri"ng a strike of the teaching staff
trhich conmencecl on 7 llarch L977. The Committee un4erstancls from the information at
its disposal that the object of the strike was to obtain greater security and
permanency in the contract contlitions of teachers in prlvate teaching establi.shments
since, according to the accepted legal interpretation of the relevant enactments,
the contracts of such rorkers are only renewable once follotring the expiry of the
first
three-year periocl, ancl subject to certain rurther conditions being fulfilled.
The Government, for its part, adnits that measures of requisition
ancl mcbilisation
tIere taken, explaining that satisfaction coulcl not be given tc the teacherst tlemantls
since the inclusion of provisions of the type sought by the teachers in a new
legi-slative clecree which was being prepared uoulil run contrary to the Constitution.
E-2584-3D:3tt
ta
366. on a nueber of occaslons in the past the Couuittee has clraun attention
to the possibility of abuse involvetl in the mobilisaticn or reguisitioning of
uorkers in inclustrial disputes. In the present case, although the Committee tuUy
appreciates that the length of the stoppage by the teachers in private schools in
Greece may have been such as to give rise to serious consequences for the
implementation of the educational programme, it nevertheless takes the vier that
such a stopPage was nct such as to engencler a state of acute national crisis in
respect of which requisition antl mobilisation measures coulcl be justified.
367. As regarcls the substance cf the case, from the information providecl it
apPears to the Comnittee that the contractual conditions cf private teachers are
presently regulatecl by legislative clecree ancl that a further tlecree is
of
preparation. The existlng regulations have, furthermore. been subjectintocourse
a variety
of 1egal interpretations by a number of courts antl other 1ega1 boclies. According to
the Government there j.s no possibility that the claim macle by the teachers in
questi-on for additional security in their employment can be met in the new clecree.
In this connecti-on the Fact-Finding anil Conciliation Comoission on Freealom of
Associatj-on has matle comnents ccncerning systems in ohich an uncluly or excessive
legalistic attitutle.is taken by either government or workers, ancl has pointed out
that such an attitude antl the clevelopment of harmonious labour relations are
incompatible vith, ancl indeed antithetj.cal to, each other. The Commission has also
stated that often, even rhen there is genui.ne willingness on both sitles to cooPerate anil reach mutual unilerstancling, the inflerible ancl detailed requirements of
the 1ar prevent real progress from being made.r
368. fn this connection, the Courmittee wouldl clraw the attentlon of the
Government to the terns of Article 4 of the Right to Crganise anC Collective
Bargaining Convention, 1949 (No. 98), which GEeece has ratified, and Hhich provicle
for the promotion of the voluntary negotiation of collective agreements rith a view
to the regulation of terms aod conclitions of employment. The Committee uoulcl
:lraw attenti-on, in particular, to the Recommendation ccncernj-ng the Stat-usalso
of
Teachers, L966r 2 paragraphs 82, 83 and lL6 of uhich envisage the cteiermination of
the salaries ancl rorki ng conditions of teachers through the process of negotiation
betreen teacherst organisations ancl the employers of teachers ancl the creition of
statutory or voluntary machinery for this purpose.
369. The Committee notes that the Government has not replied to the
allegations of tlismissals of tracle unionists as a result of their paiticipation
in
the strike, anal in partlcular those allegations relating to the dismissal oi ilr. c.
volioti, Secretary-General of the Union of Teachers in private Teaching (Athens ancl
Piraeus) ancl l'tr. l'r. Kriki, Presitlent of the Union of Teachers in privite Teaching
(Thessalonica). The Committee has alreacly emphasisetis that protection against acts
of anti-union cliscrimination is particularli clesirable in the case of tiade
officials because, in orcler to carEy out their trade union functrons in union
fu11
inilepenclence, they nust have the assuranie that they si11 not be victimised by
virtue of their tracle union office. In recomnencling ttre Governing Body to draw the
attention of these principles anit consiclerations to the Government,
it also
recommencls the Gcverning Body to reguest the Governmeht to provi.fle its oiservations
on this aspect of the case.
37o. In all these circumstances, and with regaril to the case as a rhole, the
Committee recommencls the GoveEning Body:
(a) with regard to the measures of reguisition ancl mobilisation tak€n br1 the
Government to clrar the attention of the Government to the principles anii
consicleraticns set forth in paragraph 366 above anct in parti-ular to the
posslbilities of abuse involvecl in the requisition and mobiiisatj.on of workers
during industrial disputes, anal to the unclesirabllity of havlng r".oo.""
such measures save in exceptional circumstances in oider to deal with ioa
situation of acute national crisis;
r Report of the Fact-Finding antl eonciliation Commission on Freealom
Association concernj.ng Persons Employed i-n the public sector in alapan. 0fficialof
Bulletin Vo1. xLfI, Nc. 1, iIan. 1966, para. 2t6O.
a AdoPted by the Speclal Intergovernmental confeEence on the Status of Teachers,
UNESCO (Faris, 21 Septernber - 5 October 1966) nith the participation oi
convenecl by
the
ILO.
3 l5Bth Report, Case No. 843 (Greece), para. 246; l60th Report,
(Greece), para. 194.
E-2584-3D:34
Case No.
851
-63(b)
(c)
(d)
consiclerations set forth in
to draw the attention of the Government to the
provisions of lrticle 4 of the
the
particular
to
in
and
pi."q."pt 36'l above
1949 (No' 98) t
Organise ancl Collective Bargai-ning Convention,bargaining
;i;hi-t;
through
collective
of
promotion
the
concerning
Greece,
by
."iitied
voluntary negotiation;
ald considerations
to dran the attention of the Government to the princi-ples
tracle union
the
concerning
above
369
Prctection
set forth in paragraph
'of anti-unj.on discrimination, ancl toofrequest
the
acis
againsi
otii.iuf=
tracle
of
dismissal
the
alleged
concerning
GovernmeDt to provitle information
unionists, in paiticular, t{r. C. Volioti anil ltlr. M. Kriki; anil
to take not€ of this interim report.
geEe-Ie,.-.995
qa!B!aIull-EB!SIIEED-EI-l.EE-ll3ua!E!I=99!gIEES-aX-IEAqE-IgI9!-!UII-q!
!alr!:auEsEsa!:t!3EEIS-II!:rlE-tol!!-Er4q4::a!-8r-r3}!.E-!!-rqIs-asar-I
!! !- sa J.E 3Ir ! lLA LI g-UA-paB
the
371. The complaints are containetl in t1.,o conmunications, one fromdatecl
pernanent congress cf Trade Union Ilnity of Latin American I{crkers (cPUSTAL),
July
C juiy 119i'1 , aid th" cther from the ttorld Fecleration of Tracle Irnioos, clated 2o L911'
in a letter datetl 1 August
Lg't'l. The CpUSTAL supplied additional information
The Government forwarded its observations by a communication dated 28 september
l9'17.
of Association ancl Protection of
3i2. Ecuaclor has ratified both the FEeeaiom
(No. 87), and the Right to organise and
the Bight to oiganii"- Convention, 1948
Collective Bargaining Convention, 1949 (No' 9B)'
Intenclant for the pgovince of
3?3. The CpusTAL alleged that the Police
judgement sentencing to
pronouncecl
hacl
1avs,
n6n-existent
Guay6s, in pursuance of
an6 fines of from 8,ooo to Io,ooo sucres, the Pr€si'lent of
i*o'y"it=timirisonnent,
Juan vasquez Bastidas' and the
ih; 'confederiti-on of t{orkers of Ecuaclor (crE) , (uNE),
llanuel Anton. These
Eclucators
presiclent of the National union of
that these persons
added
complainants
The
CPUsTAL.
the
of
members
are
organisations
trial.
of
had not been given any sort
3'ttt. The llfTLr stated that the three Ecuatlorian tracle union confederations
r-he cTE, the cEDoc ancl the cEosl, - had organised, on 18 taY 19?7, a 24-hour national
other demancls of an econonic and
strike in support of a claim for higher Uages anct
teachers, called a work
60rooo
of
a
frembership
has
social nature. The UNE, vhich
same day with a view to obtaining a salary rise and an increase in
the
on
=i"ppig"
addecl the WFTII, the Government issuecl
the national eclucation budget. In resPonse.
intentlants the status of special judges
police
a decree, No. tils, conf6rring upon
uncler an expeditious procedure
strikers
anil
otiicialsunion
trade
try
to
competent
instructed these police
Government
the
time
same
the
At
with no right of appeal.
confeclerations that
three
the
of
intendants to bring tL'trial the principal Ieaclers
of the UNE'
as
officials
well
as
Uay,
18
of
strike
iational
the
tua orqunj-setl
the suPreme Council of
i75. I'urthernore, continued the conplainants,
UNI-anil providing for the
the
outlawing
clecree
a
19?7
covernment issuecl on 3o !1ay
Intendant for the
custodianship of its funcls. nt tte encl of June, the General
No' l-475' sentenced
Decree
of
the
aforementionecl
pursuance
in
Guayes,
piovince of
The [lFTl] further
imprisonment.
and
fines
to
Juan Vasquez Bastidas and itanuel Anton
mentionecl the arrest cf,Julio Ayala Serra, Presi-dent of the Educatorsr Unicn for the
province of Guay5s whc ras to be tried under the same procedure.
uhich uere appended a 1ar9e
3'16. The GovernBent, in a iletailed reply to
policy
to encourage the tratle union
was
its
it
number of documents, emphisised that
pointed to the subsidy of 265,0oo
movement in Ecuaclor. As evidence of this it
union confederations, the cTEr the cEDoc
sucres that it paid to the countryrscftraale
the 1t'lay ra11y' Horever, it continue'l' the
ancl the CEOSL, to cover the expens6s
aivantage of the opportunity
leaders of these three confeclerations had taken
participants had no connection
of
the
majority
the
uiioraea by this event - in uhich
E-258q-3D:34
-
6tr --
rrith the tratle union movement - to incite the florkers to take part in
work stoppage on 18 Uay L977, basecl on a combat manifesto of nine points.
which relatetl to inatustrial uatters, and shich nere ref utecl one by one.
none of these clenands had been put to the competent authorities through
1egal channels.
a national
not all of
iloreover,
the propeE
377. In the appendices to the Governmentrs reply there rras a list of these
points and the arguments rhereby the Government refuted them. These clemancls uere as
follors:
(1) a 5o per cent Pay increasei a mininun nage of 3,ooo sucres per month; a
sliding scale for the acljustment of wages to the rising cost of living;
(21 fu1I respect,for the right to organise ancl the right to strike, ancl repeal of
all legisl-ation to the contrary;
(3) the imuediate settlement of all outstanding labour disputes;
(4) effective implementation of the Agrarian Reform Act and reorganising of the
administrative services connected rith it;
(5) reorganisation cf the t!inistry cf Labour;
(6) nationalisation of petroleum anal effective safeguarding of other natural
resources;
(71 nationalisation of the electricity intiustry and nocternisation of the railrays;
(8) nationalisation of foreign tracle;
(9) nationalisation of nholesale ctistribution of staple commodities; freezing of
the prices of commoclities in common use; maintenance of rent controi; a
solution to the problems of housing for the people.
378- The Government stated that the union leaders were allowetl to prepa.re
the work stoppage in fu11 freeclom. They hacl access to the raclio, televisLon and for
the
press at the national level.
The Gcvernment further pointed out that 1t had
recognised the rorkerst organisations rithout reservatj-ons. Hosever, it could not
fail in its moral and lega1 duty to preserve public orcler ancl ensure that citizens
coultl live their_1ives normally in every respect. It could only conclemn i.ncitement
to_disorderly contluct.and anarchy, rhoever Eas responsible, ana any attempt to
unclernine the functioning of tbe State by tlisregarding the procedurei in force for
dealing uith a1l grievances, intlividual or collective. rn suLstance, the covernment
enforcetl the regulations in force to tlefend its stability and ensure the
preservat5.on. of public crcler anil the safety of persons and property. ft ras these
tluties that the Government tras perforning in tlealing with the evints-of Ig
llay 1977.
379. The Governoent Eefutetl the complainantsr allegations
Tt
cLained that these complaints cere unfouncletl and dld not iention acompletely.
single
specific
case of infrj.ngement of the freeclom of association Conventions. Al1 perions living
on the territory of a State' aalaleal the Government, trere reguirect to
the lars
of that country. Under Legislative Decree No. ioS of 7 iune Lg67,observe
the
instigators
of a collective stoPpage of rork, and t-he ringleaders of such a stoppage, 11ere
liable to a fine cf fron 1, ooo to 10, ooo sucres ancl from trro to iiie' years ,
imprisonnent. Persons rho participateil in such a rork stoppage rithout
instigatecl it or being a ringleatler yere liable to a fine-oi from 2oo to iaving
1,ooo
sucres anal from three nonthsr to one yearrs imprisonnent. A rork stoppage within
the neaning of this legislative decree ras cleenetl to occur shere- tfiere was a
collective cessatj.on of activity, rhere establishments rere forcibly
other
than in the circunstances providecl for by lau, ancl in the event ofclosed
oaralysis of
channels of communj.cation or other anti-social acts. These provi-sions had the force
of a special Act ancl had prececlence over those of general Acis which $ere contrary
to then.
38o. The strike of 18 t'tay 1977, continued the Government, hacl been prepared,
i1!9. - aLia, bY iluan vasquez Basticlas, Enilio velasco and Jos6
chevez ch6vez,
officials of one or other of the rorkersr associations, the cTE, the cEDoc
anti the
cEosL, t,hile other unj.ons (bearing the same initials) hatl refused to be associated
rith the stoPPage and had conclemnecl it as an act of treason by the rank and file,
reguesti-ng the suPPort of the authorities to enable them to carry on with their
daily rork. The above-mentionetl persons, in instigating the strike,
had contraveneil
Legislative Decree No. 1O5.
E-2584-3D:34
-65by
3g1. This Legislative Decreer addecl the Governnent, uas supplementedand
presiclential Decre6 No. 1 4'15, rtr:-ctr specif ied the competent judicial authority
guarantees the rights of tiefendants. there accorclingly existetl a judicial
of sork
by the State, to mete out punishment in the casetext
institution,
-toppug"= and est;biished
of
the
strikes organised unlarfuliy. The Government appendedgeneral
police
uPon
confers
I
Section
1977.
Uay
thi;' 6"cr.e, acloptecl 6n 25
judqeintenclants the staius of special juages competent to deal cith and Pronounce
impose
must
they
work
stoppages;
collective
nittr
in
connection
offences
ment upon
2 states that the
the penilties prescribed in Legislative Decree No. 1o5. Section
Criminal Proceclure;
pro."dur" is to be that pre=cribed in section 454 of the Coale of observetl.r
section 3
be
to
likerise
Cocle
are
that
460
of
iections 455,456r 459 ind
at the request
specifices that special judges may, either on thei-r orrn initiativetry orthe
persons helcl
oi uny aclninistraiiu. o.-iuaic:-at-iuthority, take uP a case and
to be crininally responsible for a collective work stoPpage'
Bastialas anil
382. The judgements handed dorn in respect of Juan Vasguez
accorclance with the
t!anue1 Anton, ccn6luded the Government, hacl been pronouncecl in
iegaf- rules i-n force in the country and the penalties had been imposed by tft"
1e{a1ly conpetent authority. there coultl, therefore, be no guestion as to the
validity of their convicti-on.
callecl on 18 Uay
383. This case is mainly concernecl with the general strike
on the same
organiseil
strike
another
cEosl
ancl
the
cEDoc
ind
Lg'l'l by the cTE, the
emergency
day by ih. Uln. tiris work stoppage resulted in the sentencing, under an
ancl t'lanuel Anton.
p.o".dr.", of tratle union feaaeri including Juan vasguez Bastlclas
leacler, Julio Ayala
the complainants also mention the arrest of another tracle unicn
Serra, anil the outlaring of the UNE, but the Governnent has uracle no observations on
the latter tHo Points.
3 of Convention No. 87
3g4. As alreacly pointed out by the Coflmittee,z Article
organisati-ons -for
workersr
i.e.
organisations
recognises the right ilf'trade union
1o) - to formulate
furtiering ancl 6efending their occupational interests (Article
not only the
entails
this
activities;
their
organise
anil
their prolramme of action
to exPress their point of vier
;i;ha'io-negotiate 1r1th employers but also the right
inteiests.
on economic ancl social go.=iion= affecting their nembersr occuPational
recognised to hav'e, the Committee
In view of this right that tracle unions are thus
dD
has alvays consj-dere6 that the right to strike- is a legitimate ancl, indeeclr
interests'
occupational
their
defend
promote
ancl
miy
Borkers
essential 1neans whereby
a funclamental right of
But it has ailileils that the rigirt tc strike constitutes
as a means of
utilised
i-s
as
it
far
so
in
onli
organisations
their
antl
workers
designecl to
prohibition
of.
strikes
the
that
aeienaing their ec6nomic i-nteresls,
not
coerce tfie government, if they are not occupational in character,ofcloes
purely
a
strikes
that
of
associationr'ancl
fieedom
of
constitute in infringement
of freeclom of
polit-ical nature do not fall rithin the scope of the principles
in connection
macle
demancls
the
of
number
a
present
instance,
the
rn
association.s
rhile others
character,
in
occupational
clearly
rere
,ritt tt " strike of 18 Uuy fSZf
were not.
it'further
3g5. As concerns the claims of an economic or occuPational nature,
the right to
stens from the pri.nciples recallecl in the previous paragraph that
in the
strike - Hhicil, a='the Committee has pointed out, must also be recogni'sed
be restrictetl
case of tracle union feclerations and confederations6 - should notthe
signing of a
sole1y to inclustrial clisputes 1ikeIy to be resolved through
lau.
1 These various secti-ons deal with the procedure applicable to breaches of the
? See, in particular, 16Oth Report, Cases Nos. 834 and 851 (Greece), para' 199'
3 See 27th Report, case No. 155 (I',Eance-Algeria), Para. 28'1.
+ See L27r"h RePort, Case No. 660 (t'lauritania) ' para' 303'
Cases Nos. 737 to '144 (iIaPan), para. L24i
5 see, for example, 139th BePort,
'l
153rd Report, cases- Nos. 163, 86 and 801 (IJruguay) , Para ' l'77 '
6 see, in this connection, 92n,1 RePort, case NO. 454 (floncluras) ' Para. 193;
129th RePort, Cas€ No. 514 (Colombia), Para. 113.
E-2584-3D:34
-66
collective agreement. The Conmittee consiclers that workers and their organisations
shouLd be alloueil to express in a broacler context, if they so rish, any
dissatisfaction they nay feel as concerns econoni.c ancl social natters affecting
their nenbers'occupati.onal interests, so long as such action consists merely in the
expression of a protest ancl is not intended as a breach of the peace.
386. fn the Present case, llessrs. Juan Vazguez Bastitlas ancl titanuel Anton have
been sentencecl to long terms of imprisonoent ancl heavy fines as a result of the
strike of 18 Uay 1977 anal in pursuance of Decrees Nos. 1O5 and L475, mentionett
above. The first of these clecrees punishes severely ancl in very broad terms
collective stoppages of cork. the Committee is of the opinion that this ilecree
should be revieuetl in the light of the considerations and principles set forth in
the Preceding paragraphs. The secontl, adopted only a few tlays after the strike in
guestion, entrusts senior police officers r,ith the responsib5-lity of trying
offenclers; the sections of the Cocle of Criminal Proceclure tc which it refers apply
in principle to breaches of the lau; they provide for an expeclitious proceaure rith
no possibility of appeal.
387. The conmittee consiclers tbat this summary procealure lends itself to
abuser drlcl that all arrested trade unionj-sts should be subject to normal judicial
proceclure guaranteeing the rights of clefence ancl conforming ti the provision! of the
International Cov€nant on civil antl PoIitical Blghts. This instiunent provicles,
inter alia, that everyone convictect of a crime shall have the rigirt to his
conviction anil sentence being revierecl by a hiqher tribunal accordin{ to 1av
(Article 14, 5).
388. Tn these circunstances, the Committee reconnends the Governing Body:
(a) to clrar the attention of the Governoent and the traile unions concernecl to the
consiclerations aucl principles respecting strikes set forth in paragraphs 3g4
and 385;
(b)
to reguest the Government to review in this light Decree No. 105 of 7 June
1967, antl to consiiler the repeal, tox the reasons statett in paragraph 387, of
Presialential Decree No. 1475 of 25 ltay 19771.
(c) to reguest the Comnittee of Experts on the Application of Conventions ancl
Recommenclations to folLotr developments in connection uith the matter referrecl
to iu subparagraph (b) above;
(d)' to suggest to the Government the possibility of reconsidering the position of
(e)
I,!essrs. Juan Vasguez Bastitlas and Itanuel Anton:
to reguest the covernment to indicate the present position of Julio Ayala
Serra ancl to f orvarcl its observat i-ons with respect to the outlawing of the
UNE
(f)
i
to take note of this interin report.
Genev a ,
I 0 Novembe
r
Roberto Ago,
L977 .
Chairman.
POINTS FOR DECISION:
Paragraoh
n
I
I
,5
I
4/-r
It
(,?
I
75
il
)6
il
tl
I
E-2584-3D:34
2
14
?4
tlt
tet
l4B
Pararlranh 22t)
tt
,t
,,
t
"
tt
'r
"
't
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)\).
27
1
I1'
237 i
294;
306i
33Ci
340;
3521
373i
33t3.
t'
t

I. III. A. Allegations relating to the arrest of certain trade relating

Transcription

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