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

Case No 1790 (Paraguay) - Complaint date: 01-JUL-94 - Closed

Allegations: Search of the headquarters of an employers' organization and confiscation of property

1. 288. This complaint was presented in a joint communication from the International Organization of Employers (IOE) and the Federation of Production, Industry and Commerce of Paraguay (FEPRINCO) dated 1 July 1994.
2. 289. Since it had not received the Government's observations on the allegations, the Committee twice had to postpone its examination of this case. Consequently, at its May-June 1995 Session the Committee drew the Government's attention to the fact that, in compliance with the procedures set out in paragraph 17 of its 127th Report, approved by the Governing Body at its 184th Session (November 1971), it would present a report on the substance of the case at its following session, even if the observations or information requested had not been received in due time (see 299th Report, para. 8, approved by the Governing Body at its 263rd Session (June 1995)). To date, no information has been received from the Government.
3. 290. Paraguay has ratified 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 complainants' allegations

1. 291. In their joint communication of 1 July 1994 the International Organization of Employers (IOE) and the Federation of Production, Industry and Commerce of Paraguay (FEPRINCO) claim that on 6 May 1994, in an arbitrary manner and on the instructions of the Bicameral Committee of the National Congress, the headquarters of FEPRINCO was occupied and audio tapes, records of meetings and diskettes belonging to the employers' organization were seized. The irresponsibile and prejudiced decision was based on an anonymous communication to Senator Fernando Pfanne who asked the Chairman of the Bicameral Committee to have the premises searched immediately. The complainant organizations state that the search of the headquarters of the leading Paraguayan employers' organization constitutes a violation of the civil liberties essential to the ordinary exercise of trade union rights and that it is detrimental to the climate necessary for tripartism to prevail in the country.

B. The Committee's conclusions

1. 292. First, the Committee deeply regrets the fact that the Government has not sent the observations requested concerning the serious allegations made, despite the time that has elapsed since the complaint was lodged and the fact that it was asked to formulate its comments and observations on a number of occasions, including in an urgent appeal.
2. 293. In these circumstances, and in accordance with the applicable procedural rule (see 127th Report, para. 17, approved by the Governing Body at its 184th Session (November 1971)), the Committee is obliged to present a report on the substance of this case without being able to take into account the information it was expecting to receive from the Government.
3. 294. The Committee reminds the Government that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if this procedure protects governments against unreasonable accusations, governments for their part must recognize the importance for the protection of their own good name of formulating for objective examination detailed factual replies relating to the substance of the allegations made against them (see 1st Report, para. 31, approved by the Governing Body in March 1952).
4. 295. The Committee notes that the allegations concern the search of the headquarters of FEPRINCO on 6 May 1994 for the purpose of confiscating audio tapes, reports of meetings and diskettes from that employers' organization. It observes that, according to the complainants, the search and the confiscation of the documents and material mentioned were the result of an anonymous communication to a senator, who requested the Chairman of the Bicameral Committee to have the premises searched immediately.
5. 296. In this connection, the Committee recalls that the International Labour Conference declared in its resolution concerning trade union rights and their relation to civil liberties (1970) that the rights conferred upon workers' and employers' organizations must be based on respect for those civil liberties which have been enunciated, in particular in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights and that the absence of these civil liberties removes all meaning from the concept of trade union rights. More specifically, the Committee would like to point out to the Government that the right to the inviolability of the premises of workers' and employers' organizations, which is an essential element of the rights recognized under Convention No. 87 has as "an indispensable corollary (...) that the public authorities may not insist on entering premises without a judicial warrant authorizing them to do so". (See Digest, 1985, para. 203; 230th Report, Case No. 1200 (Chile), para. 610; 238th Report, Case No. 1169 (Nicaragua), para. 227; and 241st Report, Case No. 1285 (Chile), para. 192.) In this connection, the Committee condemns the search of the headquarters of FEPRINCO and the confiscation of documents and materials, both of which violate the fundamental rights of employers' organizations, and requests the Government to return immediately the documents and materials to FEPRINCO, and to conduct an inquiry in order to clarify the circumstances surrounding these actions and, where appropriate, to punish those responsible. The Committee requests the Government to keep it informed in this connection, and also requests it to ensure that in future there is full respect in the country of the right to the inviolability of the premises and property of employers' organizations.

The Committee's recommendations

1. 297. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee condemns the search of the FEPRINCO headquarters and the confiscation of documents and materials, both of which violate the fundamental rights of employers' organizations, and requests the Government to immediately return the documents and materials to FEPRINCO, and to conduct an inquiry in order to clarify the circumstances surrounding these actions and, where appropriate, to punish those responsible. The Committee requests the Government to keep it informed in this connection.
   • (b) The Committee requests the Government to ensure that in future there is full respect in the country of the right to the inviolability of the premises and property of employers' organizations.