Interim Report - REPORT_NO108, 1969

CASE_NUMBER 554 (Brazil) - COMPLAINT_DATE: 11-MAI-68 - Closed

1. 305. The original complaint of the Federation of Workers in Chemical and Pharmaceutical Industries of the State of Sao Paulo was contained in a telegram dated 11 May 1968, followed up by a letter dated 17 May 1968. The text of the telegram was communicated to the Government on 20 May 1968, and that of the letter on 6 June 1968. The Government forwarded its observations on the matter by a communication dated 28 August 1968.
2. 306. In addition the complaining organisation, in conjunction with other Brazilian trade union organisations, made further allegations in a communication dated 19 July 1968. Lastly, by a communication dated 22 July 1968, the Union of Petroleum Workers of Bahia made yet further allegations. The texts of these last two communications were transmitted on 29 July 1968 to the Government, which has not yet forwarded its observations upon them.
3. 307. Brazil has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Arrest of Leaders of the Chemical and Pharmaceutical Industries Workers' Trade Union, Santo André
  308. 308 In its telegram dated 11 May 1968 the complaining Federation "energetically protests " against the arbitrary imprisonment of trade union leaders exercising their functions and " demands immediate measures " on the part of the I.L.O.
  309. 309 In its letter the complaining organisation adds the following details. It begins by explaining that the victims of the police measures complained of " had been in effective charge of the Chemical and Pharmaceutical Industries Workers' Trade Union, Santo André ", one of the most powerful members of the complaining Federation.
  310. 310 The complainants go on to state that after the union in question had been for a number of years under the control of the Ministry of Labour, this ministerial control was relaxed towards the end of 1967, when the present leaders were elected to office. The complainants allege that right from the beginning of their term of office these leaders were faced with grave economic and financial problems as a result of the " chaos " the former managers had left behind them. " Many workers had been gravely estranged by the neglect of their interests ", continue the complainants, and " the Union had suffered from the attitude of the employers, who, concerned only with exploiting their labour force, were understandably reluctant to accept a vigorous and independent body ready to defend the workers' interests at whatever cost."
  311. 311 According to the complainants the new leaders began by launching a vigorous campaign to interest the workers in the union by persuading them of the advantages which would accrue from membership of a strong and independent union. To this end general meetings were organised in undertakings to give the workers the opportunity to elect shop stewards by a free vote. The workers were summoned to such meetings, continue the complainants, by means of bulletins distributed at factory gates which, besides announcing the meetings in question, dealt with other matters such as the wages problem, stability and guarantee of employment, social insurance, the right to strike, and so on.
  312. 312 The complainants allege that on 10 May 1968, while distributing outside the gates of a factory bulletins summoning the workers to a general meeting to be held on 12 May, two union officials, Messrs. Josué de Souza Pacheco and Gildo Bonani, respectively treasurer and secretary of the Union, were accosted by police inspectors who without more ado arrested them and took them in an armoured car to police headquarters, where they were put in a cell in company with " dangerous common criminals ", before being transferred to the premises of the Political and Social Order Section of the Public Safety Department of the State of São Paulo, which deals with subversion. According to the complainants, it was impossible to communicate with them until the next day, when " having been interrogated, they were released at around seven o'clock ".
  313. 313 " The leaders' disappearance having been observed ", continue the complainants, " the others tried to find out what had happened, and learnt of the arrest." But the police at São Caetano and the political police " used every conceivable means to prevent them from discovering where their leaders were, and kept the latter cut off from the outside world until the very moment of their release ".
  314. 314 The complainants allege that the arrested men were given no explanation as to why they had been detained for nearly 24 hours, nor was any investigation made, and that this was " yet another example of the arbitrary manner in which the authorities treat the trade unions, as personified by their leaders ".
  315. 315 " The Federation ", continue the complainants, " has made all requisite representations to the competent authorities. But it feels obliged to bring the matter to the attention of the I.L.O., so that the latter may be aware of what the position is in Brazil as regards trade union freedoms, and as regards the safeguards enjoyed by trade union leaders and workers in general."
  316. 316 The complainants conclude with these words: " we would ask you to take note of what has occurred, so that, should similar deplorable events occur, you will know beforehand who is responsible."
  317. 317 In its observations the Government declares that the State has a paramount duty to ensure its own security and to maintain social and political order. It is likewise responsible through the police for taking action against any potential centres of agitation. It was for these reasons that the persons concerned were taken to police headquarters for routine questioning, and in no way on account of their trade union activities. The Government adds-as attested to by the complainants themselves-that the officials in question were released less than 24 hours after they had been arrested.
  318. 318 The Government concludes by stating that the very terms of the complainants' letter appear to indicate that they have brought the facts in question to the attention of the I.L.O. for information and not for action on its part.
  319. 319 It would appear from the evidence at the Committee's disposal-and in particular from statements made by the complainants which are not denied by the Government-that the two officials were arrested while engaged in an orthodox trade union activity, namely the distribution of tracts at the gates of a factory summoning the workers to a union meeting. It is true that the Government points out that they were arrested in the interests of preventing agitation, but the Committee notes that the Government gives no details which would justify their arrest in such circumstances.
  320. 320 Without questioning the fact that the maintenance of order could well have been the reason which prompted the public authorities to take the action they did, the Committee feels that it should insist once again on the fact that the arrest of trade union leaders, even if not designed with that intention, may involve a serious interference with the exercise of trade union rights. The Committee feels bound to point out also that the arrest by the authorities of trade unionists concerning whom-as appears to be the case in the present instance-no grounds for conviction are subsequently found is liable to involve restrictions upon freedom of association, and to insist upon the importance in such cases of governments taking the necessary steps to ensure that the authorities concerned are given appropriate instructions to eliminate the danger of detention for trade union activities.
  321. 321 Having further noted that, according to the complainants' allegations, no explanation was given to the persons concerned as to why they had been arrested, the Committee feels that it should insist upon the importance which should be attached to the principle that " anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him ".
  322. 322 Subject to the foregoing reservations, since the individuals in question, after interrogation, were promptly released, apparently without any charge being made against them, the Committee considers that no useful purpose will be served by pursuing this aspect of the case, and this, moreover-as pointed out by the Government, and as seems to be implied by the passages in the complainants' second communication to which reference is made in paragraphs 315 and 316 above--does not appear inconsistent with the intention of the latter in communicating with the I.L.O.
  323. 323 In these circumstances, for the reasons indicated in the preceding paragraph, and subject to the reservations made in paragraphs 320 and 321 above, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to the Military Occupation of the Premises of the Osasco Metalworkers' Union
  324. 324 In a communication dated 19 July 1968 addressed to the I.L.O. by the Federation of Workers in Chemical and Pharmaceutical Industries of the State of Sao Paulo, in conjunction with other Brazilian trade union organisations, it is alleged that the premises of the Osasco Metalworkers' Union have been occupied by military forces. Considering the democratic principle of freedom of association to be an essential guarantee for the protection of workers and the improvement of their standard of living, the complainants call upon the I.L.O. to intercede with the Brazilian Government to put a stop to such " arbitrary action ".
  325. 325 These allegations were brought to the attention of the Government by a letter dated 29 July 1968, but the Government has not yet forwarded its observations upon them.
  326. 326 In these circumstances the Committee recommends the Governing Body to request the Government to be good enough to furnish its observations on this aspect of the case, and to adjourn examination of it pending receipt thereof.
• Allegations relating to the Military Occupation of the Premises of the Union of Petroleum Workers of Bahia and the Arrest of Officials of That Union
  327. 327 By a communication dated 22 July 1968 the Union of Petroleum Workers of Bahia alleges that its leaders have been imprisoned and the premises of the union invaded by military forces " to protect the state petroleum company, Petrobras ".
  328. 328 These allegations were brought to the attention of the Government on 29 July 1968, but the Government has not yet forwarded its observations upon them.
  329. 329 In these circumstances the Committee recommends the Governing Body to request the Government to be good enough to furnish its observations on these allegations, and pending receipt thereof to adjourn its examination of this aspect of the case.

The Committee's recommendations

1. 330. As concerns the case as a whole, the Committee recommends the Governing Body:
   • (a) to decide, for the reasons stated in paragraph 322 above, and subject to the reservations made in paragraphs 320 and 321, that the allegations relating to the arrest of leaders of the Chemical and Pharmaceutical Industries Workers' Trade Union, Santo André, do not call for further examination;
   • (b) to request the Government to be good enough to furnish its observations with respect, firstly, to the allegations relating to the military occupation of the premises of the Osasco Metalworkers' Union, and, secondly, to the allegations relating to the military occupation of the premises of the Union of Petroleum Workers of Bahia and the arrest of officials of that union, set forth in paragraphs 324 and 327 above, respectively;
   • (c) to take note of the present interim report, on the understanding that the Committee will report again once it is in possession of the information specified in the preceding subparagraph.