Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Argentina (Ratification: 1960)

The Committee notes the information supplied by the Government in its report and recalls that its previous comments related to the following provisions of Act No. 23551 of 1988 which are contrary to the Convention:

-- section 28 of the Act, which requires the petitioning association, in order to contest the trade union status of an association, to have a "considerably higher" number of members;

-- section 21 of implementing Decree No. 467/88 which qualifies the term "considerably higher" by laying down that the association claiming trade union status should have at least 10 per cent more dues-paying members than the petitioning association;

-- section 29 of the Act, which provides that "a trade union at the enterprise level may be granted trade union status only when another base-level trade union and/or a union does not already operate within the geographical area or the area of activity or category covered";

-- section 30 which requires excessive conditions for granting trade union status to unions representing workshops, occupations or categories of workers;

-- section 31(a), (b), (d) and (e) of the Act which gives exclusive rights to associations which have been granted trade union status over the other associations as regards representing various collective interests other than collective bargaining;

-- section 38, which permits only associations enjoying trade union status, and not associations which are merely registered, to be funded by membership fees;

-- section 39, which exempts only associations enjoying trade union status, and not associations which are merely registered, from taxes and levies;

-- sections 48 and 52 of the Act, which provide that only the representatives of associations which have been granted trade union status enjoy special protection (fuero sindical).

The Committee regrets that, once again, the Government has not provided any new information on the issues it has been raising for many years and has merely limited itself to informing that the draft text to amend Act No. 23551, prepared with the participation of an ILO advisory mission in 1992, and which provides for the repeal or amendment of certain provisions (sections 28, 30, 38 and 39 of the Act and 21 of the implementing Decree), has still not been approved.

The Committee reminds the Government that by ratifying the Convention it has undertaken to guarantee the rights of workers to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing (Article 2 of the Convention). It has also undertaken to guarantee that the acquisition of legal personality by such organizations shall not be made subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3 and 4 of the Convention (Article 7 of the Convention).

The Committee expresses once again the strong hope that the long-awaited approval of the amending text will take place soon and that the necessary measures will be adopted to amend the provisions of Act No. 23551 which were not included in the draft in question (section 29 on the excessive conditions imposed for an enterprise union to obtain trade union status, and sections 31, 48 and 52 which give priority over other associations to associations which have been granted trade union status in regard to representing various collective interests other than collective bargaining and in relation to trade union protection (fuero sindical)), for the purpose of avoiding any possibility of partiality or abuse in the determining of greater representativity of trade union organizations and the consequences thereof.

The Committee urges the Government once again in its next report to inform it of any positive developments in the matter and trusts that it will be able to note that, finally, the new legislation is consistent with the principles and provisions of the Convention.

The Committee is also addressing a request directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 86th Session.]