Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Paraguay (Ratification: 1962)

The Committee notes with regret that the Government's report has not been received. However, it notes the information supplied by a Government representative to the Conference Committee in 1992, and the adoption of the new national Constitution of June 1992, containing provisions which might improve the application of the Convention.

The Committee recalls that its previous comments referred to the following points:

- the recognition of the right of public servants to associate only for cultural and social reasons, but not to defend their professional interests (Act No. 200, section 31);

- the prohibition from adopting collective resolutions against measures taken by the competent authorities (Act No. 200, section 36);

- the prohibition of strikes in public services which are not essential in the strict sense of the term (section 358(c) and section 360 of the Labour Code);

- the requirement of three-quarters of the members to call a strike (section 353 of the Labour Code);

- the submission of collective disputes to compulsory arbitration (section 284 of the Code of Labour Procedure), and the dismissal of workers who have ceased work during the procedure (section 291 of the Code of Labour Procedure); and

- the prohibition on trade unions from receiving subsidies or economic assistance from foreign or international organizations (section 285 of the Labour Code).

The Committee notes with interest that the new national Constitution, of June 1992, recognizes the right of association and to strike of workers in both the private and public sectors (sections 96 and 98).

The Committee also notes, from the information provided by the Government, that the preliminary draft of the Labour Code extends the right to organize to public servants and employees in the public sector, and that Act No. 200/70 is liable to disappear since a draft text to update the above Act will be submitted to the national Parliament since the new Constitution has been promulgated, in order to prevent contradictions with the provisions of the Constitution in this respect. With reference to its other comments, the Committee notes the indication given by the Government that sections 353 and 360 of the Labour Code (restrictions on the right to strike), section 285 of the Labour Code (the prohibition on trade unions from receiving external assistance) and section 284 of the Code of Labour Procedure (compulsory arbitration) have been eliminated from the preliminary draft of the Labour Code.

The Committee hopes that in the new Labour Code and in the draft text of the conditions of service of the public service, account will be taken of the comments that the Committee has been making for several years, as well as of the changes proposed by the ILO through its technical assistance and that, in this way, the law will be brought into conformity with the principles and provisions of the Convention. The Committee requests the Government to supply information in its next report on the measures taken to this effect.

[The Government is asked to provide full particulars at the 80th Session of the Conference.]