Definitive Report - Report No 202, June 1980

Case No 946 (Paraguay) - Complaint date: 18-DEC-79 - Closed

1. 67. In a letter dated 18 December 1979 the Latin. American Central of workers submitted a complaint against the Government of Paraguay. The Government sent its comments in a letter dated 8 February 1980.
2. 68. 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. 69. The Latin American Central of Workers alleged that on 12 December 1975 the Government of Paraguay arrested the trade unionist Emigdio Colman.
2. 70. In its letter the Government stated that because of his political record a militant activist in the Christian Democratic Party, Mr. Colman was unable to complete the legal papers he needed to travel to the city of Caracas, Venezuela, where he was invited by CLAT to take part in a meeting of Latin American workers and the celebration of the 25th anniversary of the founding of the Latin American Central of Workers in December 1979. In these circumstances, the Government reports, Mr. Colman appealed to the Venezuelan Embassy in Asunción, where he obtained a Venezuelan emergency passport on which he then travelled. The Government adds that Mr. Colman was detained for investigation on 12 December 1979 and released on 19 December 1979.
3. 71. The Committee takes note of the information provided by the Government to the effect that Mr. Colman was released.
4. 72. In connection with the situation arising from the procedure for obtaining Mr. Colman's exit permit to go to a meeting of CLAT in Venezuela, which is set out in the Government's letter, the Committee recalls that in accordance with Article 5 of Convention No. 87, workers associations have the right to affiliate with international organisations of workers. This principle implies the right of representatives of national trade union organisations to maintain contact with the international organisations with which they are affiliated, to take part in the work of these organisations and to receive the benefits implied by such affiliation. The Committee recalls that or a previous occasion it noted that unless the formalities required of trade unionists to leave the country, are imposed on objective grounds they may involve the risk of infringing the principle of the right of national workers' associations to send representatives to international trade union congresses. In the present case the Government's statement that "because of his political background Mr. Emigdio Colman was unable to complete the legal documentation required to travel to the city of Caracas" does not appear properly to explain the criteria used to prevent Mr. Colman from completing the legal documents required for the journey.

The Committee's recommendations

1. 73. In these circumstances the Committee recommends the Governing Body to decide that since the person concerned has been released and subject to the principles and considerations set out in the preceding paragraph, the case does not call for further examination.