Definitive Report - Report No 85, 1966

Case No 441 (Paraguay) - Complaint date: 17-MAY-65 - Closed

1. 48. By a communication dated 13 May 1965 the Latin American Confederation of Christian Trade Unionists (C.L.A.S.C.) lodged a complaint alleging violation of freedom of association by the Government of Paraguay. This communication was transmitted to the Government, which sent its observations on 24 August 1965.
2. 49. 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

1. 50. C.L.A.S.C alleges that Mr. Efigenio Fernández, General Secretary of the Christian Workers' Association (C.C.T.), was arrested on 9 May 1965 after protesting on behalf of C.C.T against the arrest of Mr. Fulgencio Bareiro Rodas, Executive Secretary of C.L.A.S.C for the Atlantic region. The complaint states that Mr. Bareiro Rodas was arrested in connection with a telegram he had received from an organisation of Cuban workers in exile, that Mr. Fernández was still under arrest at the time of the complaint and that no news had been received of him since his arrest.
2. 51. With regard to Mr. Bareiro Rodas, Executive Secretary of C.L.A.S.C for the Atlantic region, the Government explains in its communication of 24 August 1965 that his arrest was ordered with a view to investigating the wording of a telegram he had received referring to " mobilisation of organisations ". The Government believed that this expression might be interpreted in the sense of a rising by the trade unions with a view to overthrowing the established order. The Government further states that Mr. Bareiro Rodas was immediately released and it quotes the wording of the telegram, which was sent from Caracas and was signed by Mr. Eduardo Garcia, who is Executive Secretary of C.L.A.S.C for the Caribbean region according to the information available to the International Labour Office. The wording of the telegram as quoted by the Government is as follows:
   • Please mobilise C.L.A.S.C organisations in zone to demand stoppage indiscriminate bombardment Dominican civilian population guarantee human rights and restoration of democracy and liberty and prevent unilateral intervention by United States.
3. 52. The Committee believes it may understand that as soon as the authorities were convinced that the telegram was not intended for the purpose originally suspected they immediately released Mr. Bareiro Rodas. The text as transcribed does not relate specifically to trade union matters but rather to political action in regard to which the Committee is not competent.
4. 53. In these circumstances the Committee, considering that the evidence submitted does not show that the measures taken by the authorities with regard to Mr. Bareiro Rodas constitute violation of freedom of association, recommends that the Governing Body decide that this aspect of the case does not call for further examination.
5. 54. With regard to Mr. Fernández the Government states that he was arrested on the grounds of contempt of authority, as described in section 160 of the Penal Code, and was released on 19 May 1965.
6. 55. Since the complainants state that Mr. Fernández was arrested on 9 May 1965, he would seem to have been under arrest for some ten days. The Committee concludes that the charges referred to in the previous paragraph were not maintained.

B. B. The Committee's conclusions

1. 56. In numerous cases in the past the Committee has pointed out that in all cases in which trade union leaders are preventively detained these measures may involve a serious interference with the exercise of trade union rights; that it would appear necessary that they should be justified by a serious emergency; that, unless accompanied by adequate judicial safeguards applied within a reasonable period, they are open to criticism; and that it should be the policy of every government to ensure that human rights are properly safeguarded, particularly the right of all detained persons to receive a fair trial at the earliest possible moment. The Committee has also pointed out that the detention by the authorities of trade unionists concerning whom no grounds for conviction are subsequently found is liable to involve restrictions of trade union rights.
2. 57. In these circumstances the Committee recommends the Governing Body to note that Mr. Fernández has been released and to decide, therefore, while pointing out to the Government that the detention of trade unionists concerning whom no grounds for conviction are subsequently found is liable to involve restrictions of trade union rights, that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 58. In view of the above, and with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) as regards the arrest of Mr. Fulgencio Bareiro Rodas, to note that this trade union leader has been released, and to decide, for the reasons stated in paragraph 52 above, that this aspect of the case does not call for further examination;
   • (b) as regards the arrest of Mr. Efigenio Fernández, to note that this trade union leader has been released, and to decide, therefore, while pointing out to the Government that the detention of trade unionists concerning whom no grounds for conviction are subsequently found is liable to involve restrictions of trade union rights, that this aspect of the case does not call for further examination.