Report in which the committee requests to be kept informed of development - Report No 300, November 1995

Case No 1783 (Paraguay) - Complaint date: 27-MAY-94 - Closed

Allegations: Death of a trade unionist Investigation of trade union accounts

1. 272. The Latin American Central of Workers (CLAT) lodged this complaint in a communication dated 27 May 1994. It later sent additional information in a communication dated 26 July 1994.
2. 273. Since it had not received the Government's observations on the allegations, the Committee twice had to postpone its examination of this case, and even had to address an urgent appeal to the Government at its March 1995 meeting. The Government finally sent its observations in a communication dated 29 May 1995.
3. 274. Paraguay has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 275. The Latin American Central of Workers (CLAT) alleges in its communications of 27 May 1994 and 26 July 1994 that according to information received from its affiliate, the National Workers' Co-ordination (CNT), the rural sector trade unionist, Mr. Sebastián Larrosa, was killed whilst participating in the general strike held on 2 May 1994 in Tacuara, San Estanislao. The complainant organization points out that the sole aim of the general strike was to question the Government on measures it was implementing and to seek solutions to major social problems, and also states that the widespread participation of all sectors and of all national trade union organizations in this protest reflected the seriousness of the situation. The complainant organization states that according to information which it had received, the legal authorities are conducting an inquiry to identify those responsible for the killing, and that despite the fact that a number of witnesses indicated a non-commissioned officer of the armed forces as being the author of the murder, the judge found the accused innocent.
2. 276. Furthermore, the CLAT reports that the National Workers' Co-ordination (CNT) and the United Workers' Centre (CUT) informed it that with no heed for the principles of freedom of association, the "Bicameral Committee for the Investigation of Infringements" decided to audit their accounts in an attempt to throw light on the acts of violence that occurred during the general strike. The complainant organization also refers to a communication from the CNT and the CUT, the text of which is attached to the complaint, addressed to the above-mentioned parliamentary committee, which states, inter alia, that with respect to the intention to audit their accounts in an attempt to throw light on the acts of violence that had taken place, in their opinion the police was solely responsible for those acts of violence, but that if necessary they would comply with a judicial intervention, reserving the right to challenge such intervention if they considered it violated the principles of freedom of association. Lastly, they stated that the accounts had nothing to do with the acts of violence, and that the representatives of the trade union organizations appeared before the parliamentary committee simply to give their version of the facts and that intervention, for no valid reason, in the internal affairs of the trade unions would set a dangerous precedent.

B. The Government's reply

1. 277. In its communication of 29 May 1995, the Government states that with respect to the general strike that took place on 2 May 1994, the Ministry of Justice and Labour, aware of its historic responsibility and in accordance with the Government's intention to ensure that the strike would pass without incident, set up an office to coordinate the strike and ensure it would take place in accordance with the provisions of the National Constitution and the Labour Code, which fully guarantee the right to peaceful strikes and the freedom to work (the Government attaches the relevant provisions). The purpose of this coordination centre was simply to ensure that the strike would pass without incident and without resulting in disputes and damage to the physical and material well-being of the workers, employers, police officers and any other persons. With this in mind the three trade union organizations were asked to appoint representatives to participate actively in the coordination process. Labour inspectors, fax equipment, telephones, transport and other means of communication were made available in an attempt to ensure that the strike, which according to statements made by its leaders, was based on social claims, did not become violent and thus undermine the exercise of this right, which in fact is unfortunately what happened.
2. 278. The Government states that none of the trade union organizations sent any representatives for the purpose of preventing and solving any possible disputes, and that perhaps if they had done so the acts of violence that caused physical and material damage and injuries to workers, employers, strikers and police officers may have been avoided, and which caused action being taken by the state bodies responsible for keeping the peace.
3. 279. With respect to the alleged acts of violence, the Government states that the strike began at midnight on 2 May, with a symbolic demonstration involving the three workers' trade unions, and with maturity being shown by both the police and the unionists, in a routine and peaceful manner. However, as the hours passed and the morning approached the situation deteriorated and became more complicated with the blocking of a major road linking the capital with both the interior of the country and the commuter suburbs surrounding the capital, with the burning of tyres, and many other acts that the Government had hoped could be avoided through its appeals and the office it had set up. In addition, a group of trade unionists closed the road linking the whole of the western region, the Chaco, with the remainder of the country by way of sit-down protests, the staking of posts, logs and other materials, in open violation of the rights to free passage and to work by those who did not support the strike. Given this situation, which considerably exceeded the boundaries of the workers' right to strike, attempts were made to reason with them to end their unlawful conduct, but they refused to respect constitutional and legal rights, even despite one attempt at mediation by the chairman of the Human Rights Committee of the Chamber of Deputies, thereby showing little awareness of the aims, scope and procedure that should govern a strike. The Government states that no repressive measures whatsoever were taken that were not in response to the senseless attitude of certain trade unionists who, in an attempt to impose their ideas by violently intimidating those persons who did not wish to join the strike, set up roadblocks, held sit-down protests, burnt tyres, shattered the windscreens of public transport vehicles with stones and even guns, scattered nails to puncture tyres and put pressure on the drivers and passengers of public transport vehicles to return to their homes.
4. 280. The Government notes that with respect to the dispersal of the demonstration held in Tacuara, department of San Pedro, it should be noted that according to eyewitnesses and to radio, television, press and police reports, the demonstrators were warned that in accordance with normal procedure they were not permitted to close the national road linking the country's entire northern region with the capital, the centre, the south and the east, due to the unlawfulness of such an act. Subsequently, having requested the demonstrators to leave the road, and given their steadfast refusal to see reason and comply with the law, an attempt was made to break up the demonstration using tear-gas. The demonstrators responded to this violently, throwing stones and other objects at the security forces, and it was then that the unfortunate incident occurred which resulted in Sebastián Larrosa losing his life.
5. 281. Pre-trial proceedings are currently under way in the investigation process into the death of this citizen. During these proceedings witnesses must testify and a series of legal steps must be taken to establish the truth; the plaintiff, the public prosecutor's representative and the representative of the accused must all participate. These criminal pre-trial proceedings are being carried out in accordance with the provisions of the Code of Penal Procedure, which includes procedural remedies to nullify and correct any departure from the legal provisions.
6. 282. With respect to the allegation concerning a possible intervention by the parliamentary Bicameral Committee for the Investigation of Infringements in the affairs of the National Workers' Co-ordination and the United Workers' Centre, the Government states that the alleged intervention did not occur and that there is no serious evidence to indicate that it will do so, and therefore there is no need to discuss this matter.

C. The Committee's conclusions

1. 283. The Committee notes that the allegations concern the violent death of the rural sector trade unionist, Mr. Sebastián Larrosa, during his participation in a general strike held on 2 May 1994 in Tacuara, San Estanislao, and also to the decision to look into the accounts of two trade union organizations in an attempt to throw light on the acts of violence that took place during the strike.
2. 284. The Committee notes the Government's statement that during the strike in question a number of violent acts were carried out by the strikers (roadblocks, threats made to non-striking workers, shattering of windscreens of public transport vehicles) and that repressive measures were taken as a result of these acts. Furthermore, the Committee takes note of the Government's claim that Mr. Larrosa died during a clash between security forces and a group of demonstrators.
3. 285. The Committee deeply deplores the death of this trade unionist and notes that both the complainant organization and the Government state that a judicial inquiry is being conducted to establish the facts. The Committee expresses the hope that this judicial inquiry will permit responsibility to be determined, the facts to be ascertained and the guilty parties to be punished. The Committee requests the Government to keep it informed of the outcome of the judicial inquiry.
4. 286. As concerns the decision to look into the accounts of two trade union organizations in an attempt to throw light on the acts of violence that took place during the strike in question, the Committee notes the Government's claim that the intervention did not occur and that there is no serious evidence to seriously indicate that it will do so in the future. In this connection, since the Government did not expressly deny the possibility that an inquiry of this kind could occur in this or in other cases, and given that the parliamentary committee had initially decided to conduct an inquiry (although subsequently it did not go ahead), the Committee would like to recall the principle whereby "searches of trade union premises should be made only following the issue of a warrant by the ordinary judicial authority where that authority is satisfied that there are reasonable grounds for supposing that evidence exists on the premises material to a prosecution for a penal offence and on condition that the search be restricted to the purpose in respect of which the warrant was issued" (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 205). Furthermore, in this specific case the Committee realizes the importance of conducting inquiries to shed light on the acts of violence, but does not consider the search of the trade union premises to be useful in this connection. Whatever the case may be, a search of this kind should only take place if a warrant has been issued by the judicial authority.

The Committee's recommendations

1. 287. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee strongly deplores the death of the trade unionist Mr. Sebastián Larrosa and expresses the hope that by way of the judicial inquiry currently being carried out it will be possible to determine responsibility, ascertain the facts and severely punish those guilty of committing this despicable act of violence. The Committee asks the Government to keep it informed of the outcome of the judicial inquiry.
   • (b) The Committee requests the Government to ensure respect for the principle whereby the search of trade union premises should only take place if a warrant has been issued by the judicial authority.