Report in which the committee requests to be kept informed of development - Report No 281, March 1992

Case No 1510 (Paraguay) - Complaint date: 26-SEP-89 - Closed

1. 84. The complaint in Case No. 1510 was presented by the International Confederation of Free Trade Unions (ICFTU) in September 1989 and was examined by the Committee at its May 1990 meeting (see 272nd Report, paras. 506-526, approved by the Governing Body at its 246th Session (May-June 1990)) and at its May 1991 meeting (see 278th Report, paras. 364-381, approved by the Governing Body at its 250th Session (May-June 1991)).
2. 85. Subsequently, the Government has sent its observations in communications dated 28 May and 21 October 1991.
3. 86. Paraguay has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 87. At the May 1991 meeting of the Committee, three allegations presented by the ICFTU in communications of 26 September, 12 October and 14 December 1989 were still pending. According to the ICFTU, since the new Government came to power, 519 workers in different branches of activity and enterprises have been dismissed for having sought to organise or join trade unions (see 272nd Report, para. 510 for full list of enterprises involved). Information was also provided on the illegal detention of the following trade union leaders: Lisboa, Benítez, Ferreira, Filizzola and Salcedo. Finally, the complainant organisation alleged that the army had resorted to violent repression during the strike at the Itaïpu hydroelectric scheme, which resulted in two deaths and a dozen injuries on 12 December 1989.
2. 88. At its May 1991 meeting, given the Government's failure to provide observations, despite urgent requests to do so, made at its February 1991 meeting, the Committee had to reiterate the recommendations formulated at its May 1990 meeting, which were as follows:
   • - As regards the allegation that 519 workers in different branches of activity and enterprises, identified by name, have been dismissed for having sought to organise or join a trade union, the Committee emphasises the importance which it attaches to the principles that workers should have the right to establish and join trade unions, and that workers should benefit from adequate protection against all acts of anti-union discrimination. Consequently, the Committee requests the Government to take all measures which may be necessary to remedy the situation and to keep it informed in this connection.
   • - As regards the allegations concerning the arrest of trade union leaders for legitimate trade union activities, the Committee recalls that preventive detention implies the risk of a serious interference in the activities of trade unions, and that it must be accompanied by appropriate judicial guarantees implemented within a reasonable period. The Committee therefore requests the Government to supply detailed information on the current legal status of the following trade union leaders: Efigenio Lisboa, a peasant trade union leader, Claudelino Benítez, a leader of the "Munich" Brewery trade union, Carlos Filizzola and Silvio Ferreira, CUT trade union leaders, and Pedro Salcedo, a leader of the CAPSA, who are alleged to have been arrested or restricted in their freedom of movement.
   • - As regards the allegations of the army's violent repression of the strike at the Itaïpu hydroelectric scheme, which resulted in two deaths and a dozen injuries on 12 December 1989, the Committee urges the Government to institute an independent judicial inquiry so as to clarify the facts, identify and punish the guilty parties, and prevent a repetition of such actions. It also asks to be kept informed of the results of any such inquiry.

B. The Government's reply

1. 89. As regards the incident during the strike at the Itaïpu hydroelectric scheme, the Government states that in the light of the events, a judicial inquiry has been set up to throw light on the facts of the matter, determine responsibility, punish the guilty parties and prevent the recurrence of such actions.
2. 90. The Government notes that most of the alleged incidents took place under the previous, and not the present, Government. Nevertheless, the allegations made by the trade unions in the past are being heeded by the competent authorities.
3. 91. As regards the alleged detentions, the Government declares that no trade union leaders are presently detained. With regard to the case of Efigenio Lisboa, it states that in 1990 he was detained and accused of a criminal act under the ordinary law, and that the trial is still under way.
4. 92. The Government points out, in a communication dated 28 May 1991, that the guarantee of job security for workers who occupy trade union posts is provided for in Act No. 1172 of 13 December 1985, according to which the compulsory reinstatement of dismissed leaders falls within the competence of the judiciary. Cases of dismissal, for whatever reason, are outside the competence of the Ministry of Justice and Labour, although it does make every effort to ensure that labour laws are respected.

C. The Committee's conclusions

1. 93. The Committee welcomes the fact that the Government has now transmitted its reply concerning this case. The Committee notes that according to the Government's reply, the trade union leaders Filizzola, Ferreira, Salcedo and Benítez were detained under the previous Government and that they have now been freed, and that Mr. Lisboa is on trial, charged with a criminal act under the ordinary law. The Committee also notes that a judicial inquiry has begun into the injuries and deaths which occurred during the army's violent repression of the strike on 12 December 1989 at the Itaïpu hydroelectric scheme, and urges the Government to keep it informed of the outcome of the investigation.
2. 94. The Committee observes that, with regard to the alleged dismissal of 519 workers prior to September 1989, all of whom were employed in different branches of activity and enterprises where they sought to organise or join a trade union, the Government confines itself, in its reply, to showing that cases of dismissals are outside the competence of the Ministry of Justice and Labour and that the workers may take legal action in order to be reinstated, without actually providing specific information on the alleged anti-union dismissals, as requested by the Committee in May 1990 and 1991. Thus, the Committee points out to the Government that the dismissal of workers on grounds of membership of an organisation or trade union activities violates the principles of freedom of association; it reiterates that workers must be provided with adequate protection against anti-union discrimination. The Committee also recalls that it is the responsibility of the competent authorities, and particularly the Government, to ensure that these principles are applied.
3. 95. In addition, given that in its statements denying the allegations, the Government maintains that the examination of cases of dismissal lies solely within the competence of the judicial authorities and not the administrative authorities dealing with labour issues, the Committee recalls that at its February 1991 meeting, when examining another complaint against the Government of Paraguay (Case No. 1435) concerning alleged anti-union dismissals and the subsequent proceedings which dragged on for more than three years, it pointed out that "the absence of a court ruling over such a long period of time constitutes a denial of justice, and therefore a denial of trade union rights" (see 277th Report, para. 150). The Committee has also noted the slowness of judicial proceedings in other cases relating to anti-union dismissals (see, for example, 251st Report, Case No. 1275, para. 88, where judicial proceedings lasted four years). Consequently, the Committee requests the Government to ensure that, where cases of alleged anti-union discrimination are involved, the competent authorities dealing with labour issues begin an inquiry immediately and take suitable measures to remedy any effects of anti-union discrimination brought to their attention. The Committee requests the Government to take measures to ensure that workers who have been dismissed for trade union activities are reinstated in their jobs, and to keep it informed of developments in this respect.

The Committee's recommendations

1. 96. In the light of the foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the alleged deaths and injuries during the army's violent repression of the strike on 12 December 1989 at the Itaïpu hydroelectric scheme, the Committee urges the Government to keep it informed of the outcome of the judicial inquiry that is under way.
   • (b) As regards the numerous anti-union dismissals which, according to the complainants, took place prior to September 1989, the Committee, regretting that the Government has not sent specific information in spite of requests to do so at its May 1990 and May 1991 meetings, wishes to bring to the attention of the Government the fact that the dismissal of workers for membership of an organisation or union activities is a violation of the principles of freedom of association, and reiterates that workers should enjoy adequate protection against anti-union discrimination; the Committee requests the Government to take measures to ensure that workers who have been dismissed for trade union activities are reinstated in their jobs and requests it to keep it informed of developments in this respect.
   • (c) In view of the slowness of judicial proceedings in cases of dismissals based on alleged anti-union discrimination, the Committee requests the Government to ensure that, where cases of alleged anti-union discrimination are involved, the competent authorities responsible for labour issues immediately institute an inquiry and take all necessary measures to remedy the effects of anti-union discrimination brought to their attention.