Definitive Report - Report No 120, 1971

Case No 574 (Argentina) - Complaint date: 23-JAN-69 - Closed

119. These cases last came before the Committee at its February 1970 session, when it submitted to the Governing Body an interim report, which is to be found in paragraphs 331 to 368 of its 116th Report, approved by the Governing Body at its 178th Session (March 1970).

1. 119. These cases last came before the Committee at its February 1970 session, when it submitted to the Governing Body an interim report, which is to be found in paragraphs 331 to 368 of its 116th Report, approved by the Governing Body at its 178th Session (March 1970).
2. 120. In subparagraph (c) of paragraph 368 the Committee made certain recommendations to the Governing Body in regard to the allegations still pending, namely that the Government of Argentina be requested to supply information and observations concerning the alleged kidnapping of Mr. Raimundo Ongaro, the death of Mr. Emilio Jáuregui and the measures of anti-trade union discrimination said to have been taken against Mr. Carlos Bongiovani.
3. 121. The Argentinian Government has forwarded its observations by letters dated 14 May and 4 August 1970.
4. 122. Argentina has ratified both 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. 123. The Committee earlier examined certain allegations by the World Confederation of Labour (WCL) according to which Mr. Ongaro, on his way to take part in a public meeting in Tucumán province in January 1969, had been kidnapped by naval and police personnel and taken to a naval base near the city of Bahia Blanca, some 1,500 kilometres away from the place where he was arrested, and then released. In reply to these allegations the Government had denied the alleged kidnapping, pointing in evidence to the dismissal of the case by a judge on 2 April 1969, and explaining that Mr. Ongaro had been invited by the police authorities not to continue his journey to Tucumán as it was feared that extremist elements would make use of his presence to cause disturbances, and had himself asked to be taken back.
2. 124. In view of the discrepancy between the two versions, the Committee at that time recommended that the Government be requested to forward the text of the court decision to which it had referred, together with the reasons (paragraph 236 (d) of the Committee's 114th Report). The Committee repeated this request at its February 1970 session.
3. 125. In its communication of 14 May 1970 the Government merely repeats that there never was any kidnapping.
4. 126. The Committee also examined a complaint by the WCL that Mr. Emilio Jáuregui had been murdered by the Argentinian police in a public street on 26 June 1969. As the Government had not submitted its observations on that allegation, the Committee recommended the Governing Body to ask for information from the Government as to what action had been taken in order to clarify the matter and on any results of such investigations (paragraph 236 (f) (ii) of the Committee's 114th Report). This recommendation was also repeated by the Committee at its February 1970 session.
5. 127. In its communication of 14 May 1970 the Government states that the death of Mr. Jáuregui occurred during disturbances in Buenos Aires, and that the facts of the case have been communicated to the competent judicial authority. According to the Government Mr. Jáuregui was neither a trade union official nor a worker, and in view of the circumstances in which he met his death-during a street scuffle-the Government considers that it is not within the Committee's competence to concern itself with this aspect of the complaint.
6. 128. Lastly, the Committee examined a complaint presented on 27 November 1969 by the WCL that Mr. Carlos Bongiovani, shop steward for the " Consumer Routes " (Rutas de Consumidores) section, had been suspended from his employment on account of his trade union activities. The Government, having been informed of this complaint, states in its communications of 14 May and 4 August 1970 that it has no information about the person in question and that the National Industrial Relations Tribunal, a tripartite body which is competent to deal with all matters relating to the dismissal or suspension from employment of trade union representatives or modifications in their conditions of employment, has no record of this case either.

B. B. The Committee's conclusions

1. 129. With regard to the allegation relating to the kidnapping of Mr. Raimundo Ongaro, the Committee regrets that the Government has not forwarded, as requested, the text of the court decision, which would have furnished fresh evidence to assist the Committee in reaching its conclusions. As matters stand, in view of the time that has elapsed since the events in question are alleged to have taken place and the fact that no attempt was made to keep Mr. Ongaro in custody as a result of these events, the Committee recommends the Governing Body to decide that no useful purpose would be served by examining this aspect of the case further.

The Committee's recommendations

1. 130. With regard to the allegations relating to Mr. Emilio Jáuregui and Mr. Carlos Bongiovani, the Committee takes note of the Government's observations, and in view of the lack of detailed information from the complainants concerning the persons in question and the circumstances in which the alleged events occurred, the Committee recommends the Governing Body to decide that these aspects of the case do not call for further examination.