Definitive Report - Report No 328, June 2002

Case No 2036 (Paraguay) - Complaint date: 16-JUN-99 - Closed

Allegations: Dismissals and transfers of trade union officials; threats to dissolve a trade union confederation

1. 542. The Committee last examined this case at its March 2001 meeting and on that occasion submitted an interim report to the Governing Body [see 324th Report, paras. 779-802, approved by the Governing Body at its 280th Session (March 2001)].
2. 543. In the absence of a reply from the Government, the Committee has twice had to postpone the examination of this case. Therefore, at its March 2002 meeting [see 327th Report, para. 9], the Committee issued an urgent appeal to the Government drawing its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of the case at its next meeting even if the information and observations of the Government have not been received in due time. To date the Government has not sent its observations.
3. 544. Paraguay 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. Previous examination of the case

1. 545. At its March 2001 meeting, following its examination of the allegations concerning the transfer and dismissal of trade union officials, as well as of the threat to dissolve the CESITEP and dismiss its president, Mr. Barreto Medina, the Committee formulated the following recommendations [see 324th Report, para. 802]:
   • The Committee requests the Government: (1) to keep it informed of the result of the appeal lodged before the Office of the Attorney-General of the Republic in respect of the transfer of Ms. Blanca Alvarez; (2) in the proceedings of the administrative inquiry into Mr. Rigoberto Gómez’s failure to observe his obligations, to verify the charges made against him and, if these are related to the exercise of his trade union activities, to take the necessary measures to have him reinstated in his job. In addition, the Committee requests the Government and the complainants to forward additional information with respect to the allegations concerning the threats to dissolve the trade union CESITEP and to dismiss Mr. Barreto Medina, president of CESITEP.

B. The Committee’s conclusions

1. 546. The Committee regrets the fact that, despite the time which has elapsed since the last examination of this case, the Government has not sent the information requested, although it has repeatedly been urged to do so, including by means of an urgent appeal. In accordance with the applicable rule of procedure [see 127th Report of the Committee, para. 17, approved by the Governing Body at its 184th Session], the Committee is obliged to submit a report on the substance of the case without being able to take into account the information it had hoped to receive from the Government.
2. 547. 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. If this procedure protects governments against unreasonable accusations, governments on their side will recognize the importance of formulating for objective examination detailed factual replies concerning the substance of the allegations brought against them [see First Report of the Committee, para. 31].
3. 548. With regard to the alleged anti-union transfer of the trade union official Ms. Blanca Alvarez, the Committee urges the Government to ascertain whether the Office of the Attorney-General of the Republic has handed down a decision in this respect, and if it has been concluded that her transfer was a result of her trade union status or the exercise of legitimate trade union activities, to take the necessary measures to have her reinstated in her job without loss of pay.
4. 549. Concerning the dismissal of the trade union official Mr. Rigoberto Gómez, the Committee once again urges the Government to verify the grounds for his dismissal and if these are related to the exercise of his trade union activities, to take the necessary measures to have him reinstated in his job, without loss of pay.
5. 550. Lastly, with respect to the alleged threat by the Government to dissolve the trade union CESITEP and to dismiss Mr. Barreto Medina, its president, the Committee regrets that neither the Government nor the complainant organizations have sent the additional information requested.

The Committee's recommendations

1. 551. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee, regretting that it has not received the information repeatedly requested, urges the Government to ascertain whether the Office of the Attorney-General of the Republic has handed down a decision concerning the alleged anti-union transfer of the trade union official Ms. Blanca Alvarez, and if it has been concluded that her transfer was a result of her trade union status or the exercise of legitimate trade union activities, to take the necessary measures to have her reinstated in her job without loss of pay.
   • (b) The Committee once again urges the Government to verify the grounds for the dismissal of the trade union official Mr. Rigoberto Gómez, and if these are related to the exercise of his trade union activities, to take the necessary measures to have him reinstated in his job, without loss of pay.