Interim Report - Report No 234, June 1984

Case No 1236 (Uruguay) - Complaint date: 29-SEP-83 - Closed

1. 612. The complaint is contained in a communication from the National Workers' Convention of Uruguay, dated 29 September 1983. The Government replied in a communication dated 26 December 1983.
2. 613. Uruguay 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. The complainant's allegations

1. 614. The complainant alleges that on 12 September 1983, the police detained for several hours the trade union leaders Andrés Toriani (member of the Provisional Executive Committee of the Association of Officials of the Montevideo Workers' Catholic Circle and representative of this association at the Inter-Union Workers' Assembly - PIT) and Francisco Pecoche (member of the PIT). According to the complainant, these trade union leaders were arrested whilst distributing pamphlets announcing the trade union demonstration called by the PIT for 16 September in Montevideo; this demonstration consisted of observing ten minutes' silence at all workplaces to claim wage increases and the creation of new jobs.
2. 615. The complainant adds that the press conference called by the PIT for 16 September 1983, to state the economic claims of workers belonging to the PIT, was stopped by order of the National Directorate of Information and Intelligence; the PIT was informed verbally of this order minutes before the conference was due to start.
3. 616. The complainant maintains that these occurrences form part of a continuous repressive policy against any type of protest that workers and the population make. For instance, in the last two months, 3,700 persons have been arrested, several dozens of whom havebeen tried and sentenced to long terms of imprisonment by the military courts. Furthermore, restrictive measures had been taken against the media by means of the Institutional Act No. 14 and an accompanying Decree, both dated 2 August 1983. These provisions resulted in the seizing of four issues of the magazines "Opinar" and "Aquí", and in the ban imposed on the radio station "CX 30 La Radio" to continue broadcasting its programme "Cartas a los Oyentes" (letters to listeners). According to the complainant, the press censorship was aimed at preventing the general public from being informed about the activities and attitudes of the various social forces, as well as the position adopted by the workers and their claims.

B. The Government's reply

1. 617. The Government states that Andrés Toriani and Francisco Pecoche were arrested for not having complied with the legal requirements in force concerning the distribution of publicity material. The Government points out that only Andrés Toriani held the position of trade union leader and that the authorities merely questioned those involved, who were then rapidly released.
2. 618. With respect to the press conference allegedly called by the Inter-Union Workers' Assembly (PIT), the Government states that it has not been informed of any third-level occupational association with the name of "Inter-Union Workers' Assembly" set up in accordance with the Act on professional associations and that the Ministry of the Interior had nothing whatsoever to do with the said press conference.
3. 619. Finally, the Government points out that the other allegations made by the complainant are not connected with freedom of association.

C. The Committee's conclusions

1. 620. With respect to the detention of two trade union leaders for several hours, the Committee notes that the Government denies that one of these persons was a trade union leader and states that they were arrested for not having complied with the legal requirements in force concerning the distribution of publicity material and that, once those concerned had been questioned by the authorities, they had rapidly been released. In this respect, the Committee notes that according to the complainant, the persons in question were arrested whilst distributing pamphlets announcing the trade union demonstration of 16 September 1983, organised by the Inter-Union Workers' Assembly. In these circumstances, as the Government did not specify in which way the legal requirements in force concerning the distribution of publicity material had been violated, the Committee draws the Government's attention to the fact that the arrest of trade union leaders for legitimate trade union activities, even if this is only for questioning and for a short period of time, is contrary to the principles of freedom of association.
2. 621. As regards the allegation that the National Directorate of Information and Intelligence ordered the cancellation of a press conference called by the Inter-Union Workers' Assembly - PIT to explain the grounds for the trade union demonstration of 16 September 1983, the Committee notes that the Government denies that the Ministry of the Interior had anything whatsoever to do with the said press conference. In view of this contradiction, the Committee insists upon the need for the Government to supply more detailed information on the matter.

The Committee's recommendations

1. 622. In these circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) With respect to the arrest of two trade unionists whilst ' distributing pamphlets announcing the trade union demonstration of 16 September 1983, the Committee draws the Government's attention to the fact that the arrest of trade union leaders and trade unionists for legitimate trade union activities, even if this is only for questioning and for a short period of time, is contrary to the principles of freedom of association.
   • (b) The Committee requests the Government to supply more detailed information on the allegation that the National Directorate of Information and Intelligence ordered the cancellation of a press conference called by the Inter-Union Workers' Assembly.