Definitive Report - Report No 60, 1962

Case No 143 (Spain) - Complaint date: 15-APR-59 - Closed

1. 54. At its 29th Session (November 1961) the Committee continued its examination of this case and submitted an interim report, which is contained in paragraphs 128 to 139 of its 58th Report, approved by the Governing Body at its 150th Session (November 1961). The following paragraphs deal only with the allegations still pending.

A. A. The complainants' allegations

• Allegations relating to the Act Defining the New Powers of the Minister of the Interior as Regards Maintenance of Public Order and the Decree Defining the Term " Offence of Military Rebellion "
  55. 55 The Committee examined these allegations in detail in paragraphs 103 to 117 of its 49th Report and in paragraphs 97 to 105 of its 56th Report. At its 28th Session (May 1961) the Committee felt that there remained a final point on which additional information should be requested from the Government, and it recommended the Governing Body to request the Government to state whether it is correct that strikes relating to labour claims are to be considered as automatically excluded from the scope of the decree defining the term " offence of military rebellion " (rebelión militar). At its 29th Session (November 1961) the Committee, having received no comments from the Government concerning this matter, reiterated its request in more precise terms and requested the Government to state clearly, and as early as possible, whether it is correct that strikes relating to labour claims which do not involve any element of armed rebellion are to be considered as automatically excluded from the scope of the decree in question.
  56. 56 In a communication dated 28 December 1961 the Government replied that " in effect, the Decree of 21 September 1960 (the decree referred to) will not be applicable to strikes relating purely to labour claims involving no element of armed rebellion ".
  57. 57 In these circumstances the Committee recommends the Governing Body to take note of this statement by the Government.
• Allegations relating to Prosecution of Several Trade Unionists Accused of Having Attempted to Reconstitute the General Union of Spanish Workers
  58. 58 By a communication dated 30 September 1961 the General Union of Spanish Workers in Exile alleged that several trade unionists had been prosecuted for attempting to reconstitute the General Union of Spanish Workers. In evidence, the complainant supplied the text of statements by witnesses during the hearing of the case.
  59. 59 These new allegations were communicated to the Government by a letter dated 12 October 1961. At its 29th Session (November 1961) the Committee, having received no observations from the Government on this matter, was obliged to adjourn examination of the allegations and recommended the Governing Body to request the Government to furnish its observations as early as possible.
  60. 60 In a communication dated 16 February 1962 the Government states that the text of the record of the preliminary proceedings furnished by the complainants does not have the authenticity attributed to it by the latter; that the persons referred to in the complaint have in fact been prosecuted and judged but that they were judged by a civil court and not by a military tribunal; further, that they were prosecuted not because of the trade union activities but in respect of the offence of illegal propaganda against the authority of the State, which is defined by and punishable under section 253 of the Penal Code; that this offence is judged by the ordinary courts which pass the sentence prescribed under conditions which ensure that the guarantees of due legal procedure are respected; that, pursuant to section 253, the persons in question were sentenced by the Bilbao provincial court to prohibition of residence for periods varying from four years to two months and one day and to imprisonment for from one year to one month; and, finally, that all the persons in question are now at liberty. Although the Government denies the authenticity of the text of the record of the preliminary proceedings furnished by the complainants, it has refrained from furnishing any other text which may be regarded as authentic.

B. B. The Committee's conclusions

1. 61. The Committee recommends the Governing Body to take note of the information furnished by the Government which is analysed in paragraph 60 above.

The Committee's recommendations

1. 62. In these circumstances the Committee recommends the Governing Body:
   • (a) to take note of the Government's statement that the Decree of 21 September 1960 defining the term " offence of military rebellion " will not be applicable to strikes relating purely to labour claims involving no element of armed rebellion;
   • (b) to take note of the Government's statement that the persons alleged to have been prosecuted for having attempted to reconstitute the General Union of Spanish Workers were judged by a civil court and not by a military tribunal and were prosecuted not because of their trade union activities but in respect of the offence of illegal propaganda against the authority of the State, and that the persons concerned are now at liberty;
   • (c) to draw the attention of the Government to its view that any measures taken against workers because they attempted to constitute organisations or to reconstitute workers' organisations would be incompatible with the almost universally recognised principle that workers should have the right to establish and join organisations of their own choosing without previous authorisation;
   • (d) to draw the attention of the Government once again to the fact that, when the Governing Body approved paragraph 187 (b) of the 27th Report, it pointed out that there was a fundamental contradiction between the legislation in force in Spain and the principles relating to freedom of association which are enunciated in the Preamble to the Constitution of the I.L.O and the Declaration of Philadelphia and in 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);
   • (e) to urge the Government once again to amend its legislation in order to render it compatible with these principles, and, in particular, with the principles that (i) workers should have the right to establish and join organisations of their own choosing without previous authorisation; (ii) such organisations should have the right to draw up their Constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes, and the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof; and (iii) such organisations should not be liable to be dissolved or suspended by administrative authority.