Definitive Report - Report No 214, March 1982

Case No 1064 (Uruguay) - Complaint date: 25-JUN-81 - Closed

1. 212. The complaint is contained in communications from the International Confederation of Free Trade Unions (ICFTU) dated 25 June and 2 and 28 September 1981. The Government replied in communications dated 8 October 1981 and 1 February 1982.
2. 213. Uruguay 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. The complainant's allegations

1. 214. In its communication of 25 June 1981, the International Confederation of Free Trade Unions (ICFTU) alleges that some of the provisions of Act No. 15137 respecting occupational associations, promulgated on 22 May 1981, violate the principles of freedom of association and the relevant ILO Conventions.
2. 215. Furthermore, in its communication of 2 September 1981, the ICFTU alleges that the trade union leader Gerardo Cuesta, former Secretary-General of the National Workers' Convention (CNT) who had been imprisoned in 1975 for his trade union activities, was transferred from the prison to the military hospital in an extremely serious condition without any steps being taken to release him and see that he could receive proper medical care. In a subsequent communication of 28 September 1981, the ICFTU states that Gerardo Cuesta died on 12 September 1981.

B. The Government's reply

1. 216. In its communication of 5 October 1981, the Government states that the competent bodies of the ILO (Committee on Freedom of Association, Committee of Experts on the Application of Conventions and Recommendations, and the Committee on the Application of Conventions and Recommendations of the International Labour Conference) have already examined the allegations by the complainant organisation relating to the occupational Associations Act and made recommendations on the subject.
2. 217. As regards the death of Mr. Gerardo Cuesta, the Government states that the medical examinations made in due course showed that Mr. Gerardo Cuesta already had, at the time of entering the prison, a medical record of chronic bronchitis. Subsequently he suffered from severe attacks of bronchitis and decompensated heart failure was observed; in each instance he received adequate treatment, from time to time remaining under medical surveillance in the polyclinic. The Government adds that Mr. Gerardo Cuesta did not lack the necessary medical care at any time. After his condition had become worse in 1981 with the development of abscesses of the upper and middle right lobes of the lung, he was operated on in September of that year. He died during the operation as a result of heart and lung failure.

C. The Committee's conclusions

1. 218. As regards the occupational Associations Act in force, the Committee recalls that it reached definitive conclusions on the matter in its 209th Report, in which it observed with satisfaction that, as a result of the direct contacts carried out, significant improvements had been introduced into the provisions of the Hill on which the Committee had made comments; it pointed out that some provisions were not in full conformity with the principles of freedom of association and referred to certain omissions in the text of the Act, which it trusted would be dealt with by other legislative measures. Consequently, the Committee drew this aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations so that it might continue its examination. In these circumstances, having already examined the Occupational Associations Act at its May 1981 Session and having on that occasion reached its conclusions on the substance of the matter, the Committee considers that this aspect of the case does not call for further examination on its part.
2. 219. As regards the allegation concerning the death of the former Secretary-General of the CNT, Mr. Gerardo Cuesta, the Committee notes that, according to the Government, Mr. Cuesta did not lack the necessary medical care at any time during his sentence and that he died during a surgical operation as a result of heart and lung failure. In this respect, the Committee can only deeply regret the death of Mr. Gerardo Cuesta, and the fact that the competent authorities did not consider the possibility of releasing him sooner.

The Committee's recommendations

1. 220. In these circumstances, the Committee recommends the Governing Body to approve this report, in particular the following conclusions:
   • (a) As regards the allegation concerning the Occupational Associations Act, the Committee, having already examined this Act at its May 1981 Session and having reached its conclusions on the substance of the matter, considers that this aspect of the case does not call for further examination on its part.
   • (b) As regards the allegation concerning the former Secretary-General of the CNT, Mr. Gerardo Cuesta, the Committee, while noting that he did not lack the necessary medical care at any time, deeply regrets his death and the fact that the competent authorities did not consider the possibility of releasing him sooner.