Definitive Report - Report No 127, 1972

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

1. 100. The Committee previously examined this case at its session in May 1966, when it submitted an interim report to the Governing Body (92nd Report, paragraphs 154-167).
2. 101. Paraguay has ratified 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).

A. A. The complainants' allegations

1. 102. At its session in May 1966 the Committee had recommended the Governing Body to request the Government to forward its observations concerning one aspect of the complaint which remained outstanding, namely the allegations relating to the presence of police at trade union meetings. In this connection, the complainants had alleged 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 support of this allegation, the complainants supplied a copy of an application made on 12 January 1965 by the Union of Printing Trade Workers of Paraguay to the Chief of Police of Asunción, requesting permission to hold its ordinary General Assembly.
2. 103. Since May 1966 the Committee has repeatedly postponed its examination of the case as no observations on this outstanding aspect of the case have been received from the Government. At its session in May 1971 the Committee took note of a communication from the Government indicating that the matter in question was under examination by the competent national authorities. No observations, however, have yet been received from the Government on this matter.

B. B. The Committee's conclusions

1. 104. In these circumstances, the Committee wishes to draw attention to the fact that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact and that, if it protects governments against unreasonable accusations, governments for their part will recognise the importance, for the protection of their own good name, of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward. In the present case, the complainants have presented allegations which, in the opinion of the Committee, are sufficiently substantiated to warrant further inquiry. Such detailed allegations against a government should be met by detailed observations by the government concerned, in order to enable the Committee to reach definitive conclusions thereon. The Committee can only regret that, despite repeated requests, no reply on the allegations remaining outstanding has yet been received from the Government, thereby preventing the Committee from reaching conclusions in this case.
2. 105. With regard to the substance of the allegations, the Committee has frequently recalled that freedom from government interference in the holding and proceedings of trade union meetings constitutes an essential element of trade union rights and the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof. A situation in which prior permission was required for the holding of a trade union meeting, the presence of the police at such meetings and the requirement to furnish copies of the minutes of such meetings would clearly be incompatible with this principle.

The Committee's recommendations

1. 106. In the circumstances, the Committee recommends the Governing Body:
   • (a) to regret that, despite the many requests made since 1966, the Government has not transmitted its observations concerning the allegations relating to the presence of police at trade union meetings;
   • (b) to draw the attention of the Government to the considerations expressed in paragraph 104 above;
   • (c) to draw the attention of the Government to the principle that freedom from government interference in the holding and proceedings of trade union meetings constitutes an essential element of trade union rights and the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof; and
   • (d) to draw the attention of the Committee of Experts on the Application of Conventions and Recommendations to this case.