Interim Report - Report No 92, 1966

Case No 439 (Paraguay) - Complaint date: 07-MAY-65 - Closed

1. 154. The complaint is contained in a communication from the International Federation of Christian Trade Unions dated 7 May 1965. It was transmitted to the Government by a letter dated 19 May 1965. At its meetings in May 1965, November 1965 and February 1966 the Committee repeatedly postponed examination of the case as no observations had been received from the Government.
2. 155. Paraguay has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but not the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Registration of the Union of Salary and Wage Earners in Commerce
  156. 156 It is alleged in the complaint that the Ministry of Labour has failed to legalise and register the Union of Salary and Wage Earners in Commerce, despite the fact that that organisation has complied with all the conditions required by the Labour Code (sections 291 and 297). The complaining organisation attaches copies of a number of documents relating to the application made by the union in May 1964. These documents reveal that in an instruction dated 15 July 1964 the Ministry's legal adviser opposed registration until such time as the applicants deleted from their statutes the phrase " in its struggle for the protection of the right to organise ", which he considered to be out of keeping with the real situation in the country in the field of freedom of association. The union replied on 31 July 1964 acceding to the request as a demonstration of good will, but pointing out that in its opinion the phrase in question was in accordance with the lawful objectives of the trade union movement and with the legislation in force. Notwithstanding the acquiescence of the union and the time which has elapsed since then, the Ministry of Labour has not informed the union of its decision in the matter, thus infringing the right of the workers concerned to be protected by the union of their choice.
  157. 157 In its communication of 16 February 1966 the Government states that the Union of Salary and Wage Earners in Commerce, though not recognised at the outset, was subsequently recognised by a decision of the Ministry of Labour dated 7 October 1965.
  158. 158 The Committee observes that section 291 of the Labour Code, cited in the complaint, lists the documents which have to be submitted to the administrative authority for the purposes of conferring corporate status on and registration of a trade union. Under section 297 the said authority must, within two months of production of these documents, proceed either to register the trade union or to make whatever observations it may deem pertinent to the applicants. A copy of such observations must be forwarded to the applicants within six days. Whether or not a copy of the observations is forwarded the decision of the authority on the application must be made within 15 days, and may be appealed against by the administrative procedure for disputes.
  159. 159 It should further be mentioned that under the Code registration endows a trade union with legal personality as an industrial association for all legal purposes (section 298), and acts of an unregistered trade union are null and void (section 299).
  160. 160 From the evidence submitted to the Committee in the present case it may be inferred that in response to the observations of the administrative authority the union met the only objection made to its application. None the less, no decision whatsoever appears to have been taken until some 14 months later. In its reply the Government gives no explanation for this delay.
  161. 161 With respect to the objection made by the administrative authority, which does not appear to be founded on any legal shortcoming of substance or of form, the Committee wishes to draw attention to the provisions of Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Paraguay, which lays down that workers' organisations shall have the right to draw up their Constitutions and rules and to formulate their programmes, and that the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof. Furthermore, under Article 7 of the Convention, the acquisition of legal personality by such organisations may not be made subject to conditions of such character as to restrict the application of the provisions of Article 3.
  162. 162 As regards the considerable delay in the Ministry's decision as compared with the time limit allowed under national taw, the Committee has stated on more than one occasion a that the purpose of the whole procedure for the examination of cases where violation of freedom of association is alleged is to promote respect for trade union rights, both de jure and de facto, and that the workers' right freely to constitute organisations of their own choice cannot be considered to exist until such time as it is fully recognised and observed both de facto and de jure. The right in question is established in Article 2 of the Convention.
  163. 163 In these circumstances the Committee recommends the Governing Body to take note of the fact that the Union of Salary and Wage Earners in Commerce has been registered since the complaint was submitted, but to draw the Government's attention none the less to the importance which should be attached to the principles referred to in the two preceding paragraphs.
• Allegations relating to the Presence of Police at Trade Union Meetings
  164. 164 It is also alleged in the complaint that to hold a trade union meeting permission must be obtained from the police, who send an agent to attend the meeting and demand a copy of the minutes. In the complainants' opinion this constitutes a grave breach of freedom of association, and in particular of freedom of expression and thought at meetings called by trade unions as part of their normal functions. In support of these allegations a copy is attached of an application made on 12 January 1965 by the Union of Printing Trades Workers of Paraguay to the Chief of Police of Asunción requesting permission to hold its Ordinary General Assembly.
  165. 165 The Government does not refer to these allegations in its reply.
  166. 166 In these circumstances the Committee recommends the Governing Body to request the Government to be good enough to forward its observations with respect to this aspect of the case.

The Committee's recommendations

1. 167. With regard to the case as a whole the Committee recommends the Governing Body:
   • (a) in respect of the allegations relating to the registration of the Union of Salary and Wage Earners in Commerce:
   • (i) to take note of the fact that the organisation in question has been registered since the complaint was submitted;
   • (ii) to draw the Government's attention none the less to the importance which should be attached to the provisions of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Paraguay, to the effect that workers' organisations shall have the right to draw up their Constitutions and rules and to formulate their programmes, and that the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof (Article 3 of the Convention), and to the principle that the right of workers to establish freely organisations of their own choosing (Article 2 of the Convention) cannot be considered to exist until such time as it is fully recognised and observed both de facto and de jure;
   • (b) in respect of the allegations relating to the presence of police at trade union meetings, to request the Government to be good enough to forward its observations upon these allegations;
   • (c) to take note of the present interim report on the understanding that the Committee will report further on receipt of the observations to be requested from the Government under subparagraph (b) of this paragraph.