Definitive Report - Report No 62, 1962

Case No 168 (Paraguay) - Complaint date: 10-AUG-57 - Closed

1. 34. At its 29th Session (November 1961) the Committee continued its examination of this case, on which it had previously submitted two interim reports to the Governing Body in paragraphs 140 to 147 of its 49th Report and paragraphs 55 to 68 of its 52nd Report, respectively, and laid before the Governing Body its conclusions and recommendations which are contained in paragraphs 60 to 80 of its 58th Report. That report was approved by the Governing Body at its 150th Session (November 1961).

35. The allegations on which the Committee, prior to examining the case at its meeting in November 1961, had not submitted its final conclusions were certain allegations relating to the denial of trade union rights in Paraguay. After carrying out a thorough examination of these important allegations, the Committee in paragraph 80 of its 58th Report recommended the Governing Body:

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2. (a) to take note of the Government's statement that a draft labour code, which will provide for the right of association without previous authorisation, is to be examined in the Legislative Congress during the present year;
3. (b) to draw the attention of the Government to the importance which the Governing Body has always attached to the principle that workers and employers, without distinction whatsoever, should have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation; and to the principle that workers' and employers' 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 that the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof; and also to the principle that workers' and employers' organisations should not be able to be dissolved or suspended by administrative authority;
4. (c) to urge the Government to ensure that full regard will be had in the draft legislation to be examined in the Legislative Congress to the principles enunciated in subparagraph (b) above and to the other generally accepted principles relating to freedom of association and trade union rights which are embodied in International Labour Conventions and, in particular, 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), and that legislation giving full effect to the principles will be enacted at an early date;
5. (d) to suggest to the Government that, when the legislation in question had been enacted, it may give consideration to ratifying 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);
6. (e) to request the Government to be good enough to keep the Governing Body informed as to further developments in connection with the draft labour code which is to be examined by the Legislative Congress of Paraguay this year.
7. 36. In a communication dated 9 January 1962 the Government of Paraguay informed the Director-General of the International Labour Office of the latest developments relating to the juridical situation of freedom of association in Paraguay.
8. 37. In its communication the Government states that Act No. 748 was adopted on 31 August 1961, whereby the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), is approved and ratified. A certified copy of the Act was attached.
9. 38. Having included among its recommendations to the Governing Body in paragraph 80 of its 59th Report that of suggesting to the Government that when the legislation in question had been enacted, it consider ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee notes with satisfaction the contents of Act No. 748 and expresses the hope that the Government will forward to the Director-General a formal instrument of ratification at an early date so that ratification may be duly registered.
10. 39. In the same communication of 9 January 1962 the Government states that the Honourable House of Representatives of Paraguay on 31 August 1961 adopted a Labour Code and a Labour Disputes Procedure Code, with effect from 1 February 1962. A copy of both codes was attached.

B. B. The Committee's conclusions

1. 40. The Committee notes with interest the adoption of these two codes and recognises that the provisions devoted to employers' and workers' organisations constitute a significant step forward in Paraguayan legislation as concerns the protection of freedom of association and trade union rights, and that these provisions are in part based on the generally accepted principles relating to freedom of association and trade union rights as contained 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).
2. 41. Nevertheless, the Committee observes that some of the legislative provisions would seem to call for careful examination by the Government in order to bring them more fully into conformity with the terms of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which the Government has decided to ratify.
3. 42. Among these provisions are the exclusion from the scope of section 2 of the Labour Code of officials, salaried employees and manual workers employed by state undertakings, municipal authorities or autonomous corporations. It would, therefore, be desirable for the trade union rights of the above categories of workers to be expressly recognised in the Labour Code or in the legislation establishing such official institutions.
4. 43. It would also be desirable to review the provisions of the Code concerning the types of trade unions which may be set up (section 287), the number of members of the trade union who must be present at a general meeting in order to constitute a quorum (section 293 (f)), prohibition of the right to debate or take part in political affairs (section 302), and cancellation of registration of trade unions by administrative authority (section 308). All the above-mentioned provisions raise different problems which call for study by the Government. Recognising that the I.L.O has previously granted technical assistance to Paraguay in connection with labour legislation, the Committee hopes that, if the Government should require further technical assistance to examine these points, the I.L.O will do everything in its power to grant such assistance.

The Committee's recommendations

1. 44. In these circumstances the Committee recommends the Governing Body:
   • (a) to express its interest in the recent adoption of the Labour Code and the Labour Disputes Procedure Code, in force from 1 February 1962, which constitute a significant step forward in Paraguayan legislation as concerns the protection of freedom of association and trade union rights;
   • (b) to express its satisfaction concerning the recent adoption of Act No. 748 whereby the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), is approved and ratified, and to express the hope that the Government will forward a formal instrument of ratification to the Director-General of the I.L.O at an early date, so that ratification may be duly registered;
   • (c) to suggest to the Government that it may consider the advisability of further examining the provisions of the Labour Code and, in particular, the provisions mentioned in paragraphs 42 and 43 above, in order to bring them fully into conformity with the provisions of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).