Interim Report - Report No 188, November 1978

Case No 763 (Uruguay) - Complaint date: 03-JUL-73 - Closed

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INTRODUCTION
A. Previous examinations of the case by the Committee
B. Recent communications received
C. Conclusions of the Committee
The Committee's recommendations
Z. ANNEX

COMPLAINT CONCERNING THE OBSERVANCE BY URUGUAY OF THE FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION, 1948 (No. 87), AND THE RIGHT TO ORGANISE AND COLLECTIVE BARGAINING CONVENTION, 1949 (No. 98), PRESENTED BY A NUMBER OF DELEGATES TO THE 61st (1976) SESSION OF THE INTERNATIONAL LABOUR CONFERENCE UNDER ARTICLE 26 OF THE CONSTITUTION OF THE ILO

COMPLAINT CONCERNING THE OBSERVANCE BY URUGUAY OF THE FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION, 1948 (No. 87), AND THE RIGHT TO ORGANISE AND COLLECTIVE BARGAINING CONVENTION, 1949 (No. 98), PRESENTED BY A NUMBER OF DELEGATES TO THE 61st (1976) SESSION OF THE INTERNATIONAL LABOUR CONFERENCE UNDER ARTICLE 26 OF THE CONSTITUTION OF THE ILO
1. 5 A number of trade union organisations, including the WCL and the WFTU, have presented allegations of violations of freedom of association in Uruguay. In addition, three delegates to the 61st session of the International Labour Conference (June, 1976) presented a complaint under article 26 of the Constitution of the International Labour Organisation to the effect that the Government of Uruguay was not securing the effective observance of the freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Both of these instruments have been ratified by Uruguay.
2. 6 The Committee has examined the entire affair on several occasions. In addition, a representative of the Director-General has carried out two direct contact missions to the country (June-July 1975 and April 1977). The Committee also heard, at its sittings on 25 and 26 May 1978, representatives of the complainant organisations (WCL and WFTU) and a representative of the Minister of Labour of Uruguay. At the same session the Committee presented interim conclusions in its 183rd Report, approved by the Governing Body at its 206th Session (June 1978).
3. 7 The Government has sent further information in communications dated 31 May, 18, 23 and 27 October and 2 November 1978. For its part, the Trade Unions International of Public and Allied Employees has transmitted new allegations by telegram of 24 October 1978.

A. Previous examinations of the case by the Committee

8. After the second direct contacts mission in Uruguay in April 1977 the Committee noted that there had been no change in the legal-position of trade unions since the first mission in June and July 1975. What had changed was the factual situation: although that of the unions affiliated to the General Confederation of Workers of Uruguay (CGTU) had improved and they were able to perform certain internal activities (meetings, elections, etc.), the affiliates of the National Workers' Convention (CNT), which had been dissolved by the Government after the change of regime in 1973, appeared to have remained to a large extent inactive: many of their leaders were under arrest, had left the country or had been dismissed; the premises of certain of these unions were under police control, closed, under surveillance, etc. As for industrial relations activity, the extent of recognition of the unions of CGTU and their leaders depended on whether they were on good terms with the employers or the heads of their public administrative services. As to the unions affiliated to the CNT, these did not appear to be recognised either in the private or in the public sector.
9. In the information which it supplied to the Committee for its November 1977 session, the Government referred, as it had done on earlier occasions, to the subversive activities with which it had had to deal and which had constituted the reasons for the exceptional measures taken. Normalisation of occupational organisations, in the Government's opinion, had to be analysed within the broader framework of the political and institutional normalisation of the country. In this respect the Committee emphasised that, although respect for freedom of association was closely bound up with respect for civil liberties in general, it was nevertheless important, with this reservation, to distinguish between the recognition of freedom of association and questions relating to a country's political evolution. Neither should there be confusion between trade unions' performance of their specific functions, i.e. the defence and promotion of the occupational interests of workers, and the possible pursuit by certain of their members of other activities having nothing to do with trade union functions. The penal responsibilities which such persons might incur by such acts should in no way result in measures amounting to depriving the unions themselves or their leaders of their means of action. The Committee regretted that despite the time which had elapsed the trade union organisations were still encountering serious difficulties; the continuing existence of serious divergences between the Conventions on freedom of association or the one hand and national law and practice on the other was a matter for great concern.
10. The Government subsequently stated -that the working party of experts entrusted with the preparation of a draft Bill concerning trade union organisations had completed the first of the tasks assigned to it by ministerial resolution, namely the preparation of guidelines for the Bill. This preliminary document had been submitted to the executive for study and had been approved by the President of the Republic on 18 April 1978. The Government communicated a copy of the guidelines for the Bill. The exchange of views between the Committee and the representatives of the complainants and those of the Minister of Labour at its sittings of 25 and 26 May 1978 concerned, among other things, this aspect of the case. The Committee considered that the document in question contained positive aspects such as the right of occupational associations to be constituted without prior authorisation. Certain basic ideas contained in the Bill should, however, be made more precise, taking account of the standards contained in the Conventions on freedom of association. On the recommendation of the Committee, the Governing Body in June 1978 requested the Government to indicate the date on which it envisaged the adoption and the bringing into force of the final text of the law. It also noted that, according to the representatives of the Government, the draft Bill on trade unions would be completed in the near future and expressed the hope that the Government would be able to communicate a copy thereof in time for the Committee's November 1978 session.
11. As regards the present situation, the Committee noted the slowness with which the joint Committees referred to in the Decree of 15 February 1977 had been set up. Although the Committee considered that these bodies were no substitute for trade union organisations, they could play a useful role in the field of industrial relations. The workers' representatives should therefore not be kept out of the Committees because of their past trade union activities. Furthermore, there should also be such Committees for the public sector. On the recommendation of the Committee the Governing Body stressed the importance of guaranteeing the free election of workers to these Committees and requested the Government to supply information on the evolution of the situation in this respect.
12. The Committee also noted with concern the slowness of the judicial procedure concerning detained trade unionists. Although the fact of exercising a trade union activity or holding trade union office did not give immunity from the application of normal penal law, the prolonged detention of trade unionists without being promptly tried could constitute a serious handicap to the exercise of trade union rights. The Committee noted, for example, that of the 19 trade unionists whom the representative of the Director-General had been able to meet or whose files he had been able to examine during his mission to Uruguay in April 1977, 15 still awaited trial, in some cases for several years, and only 3 had been provisionally -released. Nevertheless, certain trade unionists had been brought to trial and sentenced on account of subversive activities. The Committee wished to receive in these cases a copy of the judgements handed down, with the reasons adduced therefor.
13. The representatives of the WCL and the WFTU also submitted in May 1978 lists of numerous persons, particularly trade union leaders, stated to have been arrested or to have disappeared. The names of the persons in respect of whom the complainants gave details regarding their trade union membership, activities or functions were communicated to the Government. The representatives of the complainants also made statements regarding conditions of detention and the right of defence. As regards the latter point, they stated that, at first, civil lawyers could carry out their functions and defend prisoners. This situation deteriorated progressively and they were confronted with obstacles in the exercise of their profession, especially as regards being able to communicate with their clients. Subsequently, stated the complainants, lawyers were arrested and accused, for example, of complicit with the prisoners; others had been threatened and had left the country. Those who were released could no longer exercise their professional activities. As for the detained workers, they were informed, often after a lengthy imprisonment, that they must choose a lawyer within 48 hours. Having no contact with the outside they were obliged to accept a lawyer appointed on their behalf so that the trial was not delayed further. In this connection, a representative of the complainant organisation at the Committee's sittings of 25 and 26 May 1978, who was arrested in 1973 and again in 1976, described his personal case and the torture to which he had been subjected. He added that all prisoners were tortured.
14. Other allegations referred to cases of ill-treatment suffered even recently by imprisoned trade unionists (Mr. Iguini). The Committee had expressed its strong disapproval of any vexations or brutality inflicted on any prisoners and had pointed out to the Government the importance which it attached to all measures being taken, including the giving of specific instructions and the imposition of exemplary penalties in order to guarantee that no person detained was subject to ill-treatment.
15. In these circumstances the Governing Body had, on the recommendation of the Committee, once again expressed its concern at the slowness of the judicial procedures in the cases of numerous trade unionists who were still detained and requested the Government to transmit a copy of the judgements, together with the grounds adduced therefor, which had been handed down concerning a number of trade unionists whose names were mentioned. The Governing Body also requested the Government to communicate its observations on the allegations relating to ill-treatment and to obstacles to the rights of defence, and to provide detailed information on the trade unionists whose names and trade union activities had been indicated by the complainants.

B. Recent communications received

16. In a communication of 31 May 1978 the Government announced the release of Mr. Ricardo Vilaro Sanguinetti, an official of the National Workers' Convention (CNT). The Governing Body had already noted this information at its session on 2 and 3 June 1978.
17. The Government also conveys, in its communication of 18 October 1978, information on many of the trade unionists mentioned by the complainants at the last session of the Committee. The Government requests that the complainant organisations should be asked to furnish more detailed allegations. It considers that unfounded and improbable accusations are often made, as can be seen from the case in point. It stresses that, out of 221 persons alleged by the complainants to have been arrested, to have disappeared or to have died in prison, 60 are in prison, 12 have been released, another (Saúl Faccio) to have died of injuries sustained while he was trying to escape by jumping from a moving truck, and 98 in respect of whom the authorities were in possession of no relevant records or any information or complaints to give grounds for assuming that they had disappeared. In its further communication dated 27 October 1978 the Government transmits new information about 21 of the persons whose names had been sent to it. Twelve of those have been freed, in some cases some time ago. The Government also transmits the post mortem report on Hugo Pereyra Cunha who had been charged on account of subversive activities and who died on 3 March 1976. According to this report, death was caused by a blood clot in the left ventricle followed by a° haemorrhage.
18. The Trade Unions International of Public and Allied Employees finally alleges, in a telegram of 24 October 1978, that Adolfo Drescher, a trade union official in the banking sector, was arrested in early October by the naval forces on account of his trade union activities.
19. Shortly before the meeting of the Committee the Government communicated the full text of the draft Bill on trade unions prepared by the working party of experts and information on the situation of the joint Committees. In this connection the Government states that 18 are functioning and 31 are being established and will start to function in the near future.

C. Conclusions of the Committee

20. The Committee has taken note of the draft law on occupational associations. Because this text was communicated at such a late date (2 November 1978) the Committee has not been able to examine it in substance at its present session. The Committee notes with interest, however, that the draft law envisages the possibility of setting up organisations of first, second and third degree although the guidelines examined by the Committee at its last session made no mention of the right to set up federations and Confederations. On the other hand, the Committee notes with regret that the obligation on trade union leaders to make a declaration of "democratic faith" has been maintained in the draft law. This, the Committee had indicated, could give rise to abuses in the absence of precise criteria on which a decision of the courts could be based in the event of a trade union leader being accused of failing to make the declaration. The Committee intends to make a detailed examination of the draft law at its next session.
21. The Committee also notes that the number of joint Committees in operation has noticeably increased since its last session. The Committee would repeat that these bodies should, in no case, substitute for trade union organisations and that workers' representatives on them should be freely elected without it being possible for them to be prevented from being elected because of their previous trade union activity. These bodies should, as in other countries, have a useful role to play in industrial relations but, in the present trade union situation in the country, should only be seen as a transitional measure until a legal way can be found - and this should be in the near future - for workers to be represented by trade unions. With this proviso, the Committee expresses the hope that the joint Committees which are being established will become operational in the very near future and that the Government will continue to provide information on the evolution of the situation as regards these Committees.
22. The Committee notes, in addition, the information supplied by the Government concerning the numerous trade unionists who were detained. According to this information a certain number have been released. It takes note of the fact that, according to the Government's communication dated 18 October 1478, certain accusations are unfounded, since the authorities possess no relevant records, in particular as regards 98 persons whose names are cited by the complainants; no requests for an inquiry into their disappearance have been lodged with the competent national authorities. Generally speaking, the Committee considers that allegations relating to the arrest or presumed disappearance of trade unionists should as far as possible be based on precise information (trade union membership and/or functions, place of residence, date and circumstances of the arrest or disappearance, etc.) in order to make it easier to obtain information on the situation of the persons mentioned. As regards the persons in respect of whom the Government states that it has no information the Committee is willing to resume examination of their cases if it is provided with more detailed information. As regards Hugo Pereira (Building workers' leader) who, according to certain allegations had died as a result of ill-treatment, the Committee would like the Government to indicate whether investigations have been made into the circumstances of his death, and the results of these investigations.
23. The Government further limits itself - except in certain cases - to quoting sections of the ordinary or military penal codes under which trade unionists have been prosecuted or sentenced by military courts, that is to say it indicates the kind of acts committed, but it does not supply details of the specific offences with which they are charged in each case; nor has it communicated the texts of the judgements rendered in their cases, as requested by the Governing Body in a number of cases. The Committee wishes to recall that at an earlier stage of examination of this case the Government supplied information of this kind during a direct contacts mission. This absence of information makes it impossible for the Committee to determine whether the persons concerned were sentenced - often to long terms of imprisonment - for acts unconnected with their trade union membership or activities.
24. Furthermore, although the number of prisoners who have been judged by the courts is increasing, many trade unionists are still awaiting trial; some of them have been doing so for long periods in this respect the Committee wishes once again to express its concern at the slowness of the judicial procedure. Furthermore, it notes that Mr. Héctor Enrique Altesor Hafliger is said to be still in prison after the decision to abandon legal proceedings against him.
25. Finally, the Government has not replied to the new allegations concerning ill-treatment inflicted on prisoners in order to obtain confessions from them, and regarding the precarious nature of the right to defence (paragraphs 13 and 14). Detailed replies on this vitally important aspect of the case would enable the Committee to ascertain whether the trade unionists mentioned by the complainants are enjoying full guarantees as regards the conditions of their imprisonment and the right to defence. In this respect the Committee wishes to stress that the purpose of the entire procedure which has been instituted is to secure respect for freedom of association de jure as well as de facto; it is convinced that, while this procedure protects governments from unreasonable accusations, the latter should in turn recognise the importance for their own reputations of collaborating fully with the Committee - as the Uruguayan Government has done on many occasions during earlier stages of this case - in order to enable it to make a thorough investigation of the facts and to seek solutions to the problems which have arisen.

The Committee's recommendations

26. In these circumstances the Committee recommends the Governing Body:
- (a) as regards the forthcoming legislation on occupational associations:
- (i) to express its concern at the slowness in adopting legislation based on the principles of freedom of association;
- (ii) to draw the attention of the Government, in particular, to the fact that the obligation imposed on trade union leaders by the draft legislative decree on occupational associations to make a declaration of "democratic faith", could give rise to abuses, as stated in paragraph 20 above;
- (iii) to request the Government to indicate the date on which it envisages the adoption and application of the final text of the law;
- (b) as regards the joint Committees provided for under a Decree of 1977, and subject to what is stated in paragraph 21 above to note that the number of these in operation has noticeably increased and to request the Government to continue to provide information on developments in the situation concerning these Committees;
- (c) as regards the arrested trade unionists:
- (i) to note the most recent information provided by the Government and that a certain number of these persons have been released;
- (ii) to regret, however, the absence of additional information from the Government on the precise allegations made against the trade unionists who have been prosecuted or sentenced (including copies of the judgements) and the absence of the observations of the Government on the allegations concerning ill-treatment of prisoners and obstruction of their right of defence;
- (iii) to request the Government to communicate detailed information on the situation of the trade unionists listed in the annex in respect of whom it has not yet supplied details, and on the investigations made in the cases of Hugo Pereyra (paragraph 22) and on the present situation of Altesor Hafliger (who is said to have been kept in prison following the dismissal of the case by the courts);
- (d) to request the Government to transmit information and observations on the points mentioned in clauses (a), (b) and (c), if possible by 30 January at the latest; and
- (e) to take note of the present interim report.
  - Geneva, 10 November 1978. (Signed) Roberto AGO, Chairman.

Z. ANNEX

Information on the trade unionists mentioned by the complainants
Most recent information communicated by the Government
1. 1 Released:
Vilaro Sanguinetti, Ricardo (since May 1978)
Acuña Duarte, Carlos Alberto
Bordazzano Maglio, Luis
Bucalo Casco, Juan Maria
Candia Correa, Francisco Edgardo
Cano Machado de Zas, Yolanda (case dismissed by Supreme Court)
Lima Acosta, Antonio (detained on l.5.73 released on same day)
Marra Seijas, Winston Nelson (charged on 22.2.74 freed on 9.2.78)
Pais Paso Naville (detained on 9.l.72 released on same day)
Reginessi Tropiani, Alejandro (freed by order of judge on 16.9.78)
Tassino Atze, Oscar (detained 10.2.78 and freed on same day)
1. 2 Provisionally released:
Acosta Arotxarena, Nestor Raúl
Batalla Dufrechou, Luis Leonardo
Britos Criado, Fredich Constancio
Diaz, Mario Oscar
Diaz Cairelli, Herber Máximo
Duarte Ferreira, Carlos Guido
Figueredo Mandado, Carlos Milton
Lignelli Sorrentino, Graciela Beatriz
Martinez Iglesias, Maria Cristina
Perdomo Garat, Morgan
Rey Martinez, Aurora Martina
Saldombide Dominguez, Hector Mario
Silva Sánchez, Telmo
Vega Verez, Carlos
1. 3 Being prosecuted by the military courts for alleged subversive activities etc.:
Abero Costa, Roque
Acacuso Latorre, Rubén
Atamiranda Argin, Hector Mario
Altuna Fernández, Elsa Zulma
Balbiani Savedra, Harrys
Bardacosta Etcheverria, Néstor Hugo
Barrios Villaverde, Gerardo (case on appeal)
Betbeder Egana, Fulvia Susana
Borges Abemorad, Edgar Thelman
Botti Báez, Ricardo
Bouzas Marchese, Miguel Angel
Caballero Fierro, Carlos Dante
Carballo da Costa, Felipe
Carissimi Pino, Miguel Angel
Carranza Vigano, Jorge Eduardo
Carrio Elcarte, Pablo Emilio
Cuneo Betossini, José Angel
Chagas Dutra, Washington
Esponda ("Sponda", according to the complainants), Dardo
García Alvarez, Manuel Santiago
García Souza, Luis Doroteo
González Pérez, Guillermo
Ibarru Podesta, Ricardo
Louis Elzaurdia, Julio Alcides
Marrero Fuentes, Hernando José
Méndez Gattan, Mauricio Roque
Michelini Dellepiani, Margarita Maria (according to the Government, was member of Group 3 of the ROE)
Muela Muela, Maria Pura Concepción
Nogueira Lopez, Mario César
Pifaretti Landinelli, Ricardo Oscar
Platero Roballo, Eduardo
Puchet Castellano, Santiago
Rodriguez Larreta Martinez, Enrique Carlos
Scarpa Brusco, Luis Angel
Sena Alamo, Ismael
Sosa Zerpa, Gustavo Gabriel
Suárez Turcati, Alicia Dinonan
Varela Casto, Juan José
Vega Vérez, Carlos Darío
Viera Alvez de Curuchet, Myriam
Vilaró Nieto, Gustavo Leopoldo
Villamil de Bouza, Maria Otilia
Viñas Cotrofe, Luis Enrique
1. 4 Sentenced:
Acosta Pegorrado, Miguel Angel (2 years and 6 months' imprisonment)
Alonzo Díaz, Juan José (2 years and 6 months' imprisonment)
Aristando Pereira, Carlos Mario (4 years and 6 months' imprisonment; under appeal)
Beron Croki, Isidro (3 years and 6 months' imprisonment; under appeal)
Berro Berro, Fernando Luis (7 years' imprisonment)
Bidarte Chaporzo, Manuel Enrique (4 years' imprisonment; under appeal)
Bottaro Giordano, José Rubén (10 years' imprisonment)
Braselli Dominguez, Maria Celia (7 years' imprisonment; under appeal)
Curtechet Calero, Juan Carlos (6 years' imprisonment; under appeal)
Diaz Baubet, Juan Alberto (6 years' imprisonment; under appeal)
García Miguez de Valverde, Marta (20 months' imprisonment)
Guridi Rodríguez, Sigifredo (10 years' imprisonment)
Huertas Melgar, Jorge Julián (4 years' imprisonment)
Pereira Viera, Maria del Carmen (5 years' imprisonment; under appeal)
Pineiro Peña, Mabel (5 years' imprisonment)
Planells Milan, Edison (6 years' imprisonment)
Posamay Claro, José Santiago (20 years' imprisonment 1 to 3 years' maximum security)
Rodriguez Aldabalde, Hugo (8 years' imprisonment)
Rodríguez Ledesma, Juan Carlos (18 years' imprisonment; under appeal)
Sanchez Sosa, Juan Carlos (5 years' imprisonment)
Toledo Brum, Manuel (10 years imprisonment; under appeal)
Zapico Buicio, Ricardo (3 years and 6 months' imprisonment)
Zarausa Suárez, Enrique (3 years and 6 months' imprisonment; under appeal)
1. 5 Under administrative arrest:
Altesor Hafliger, Héctor Enrique
1. 6 Deceased:
Faccio, Saúl (as the result of an attempt to escape, according to the Government)
The Government has not yet supplied information on the present situation of the following trade unionists
Acosta, Mario (official in the health sector)
Aldobandi, Pedro (official, rural workers; secretary of CNT)
Alzueta Mederos, Ciriaco Florentino (official, urban transport)
Baccino, Raúl (official, UTE)
Bentancur, Pedro (official, transport)
Carrasco, Juan (official, UTE)
Casartelli, Victorio (official, teaching)
Chiminelli, Oscar (official, wood and construction sector)
Delgado Larrosa, Freddy (official, banking sector)
De los Santos (official, transport)
Deus, Myriam (official, UTE)
Doglio, Menardo (official, UTE)
Drescher, Adolfo (official, banking sector)
Escudero, Julio (official, banking sector)
Fernández, Alberto (official, health sector)
Fernández, Ivo (official, dockers; said by the complainants to have died in prison)
Fernández, Niurka (official, press)
Ferrari, Julio (official, portworkers)
Ferreira, Paulina (official, UTE)
García de Bentancor, Silvia (official, journalists)
Gómez, Juan (official, transport)
Gómez, Juan (secretary, SUANP)
González, Serafin (official, bus sector)
Iglesias, J. (official, UTE)
López, Antonio (official, transport)
López, Vicente (official, transport)
Matos, José (official, OSE)
Minetti, Santiago (official, banking sector)
Osorio, Herminda (official, press)
Pasarini, Pedro Abel (official, UTE)
Pérez, Gualberto (official, health sector)
Quiroga, Pedro (official, UTE)
Ramos Alboa, Ricardo Wilfredo (official, food and drinks sector)
Rodriguez, Celso (official, UTE)
Ruiz, Oscar (official, refrigeration sector)
Santana (official, rural workers)
Santos, Antonio (official, banking sector)
Spinetti Julio (official UTE)
Trelles, G. (official, commerce)
Vásquez, Sonia (official, teaching)