Interim Report - Report No 358, November 2010

Case No 2648 (Paraguay) - Complaint date: 28-MAY-08 - Closed

Allegations: the complainant organizations allege anti-union dismissals and transfers, as well as acts of violence against one woman member

1. 765. The Committee last examined this case at its meeting in November 2009, when it presented an interim report to the Governing Body [see 355th Report, paras 654–963]. At its meeting in June 2010, the Committee made an urgent appeal to the Government and drew 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 at its 184th Session in November 1971, it could present a report on the substance of the case at its next meeting, even if it had not received the information or observations of the Government in due time. To date, no information has been received from the Government.
2. 766. 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. 767. The Committee recalls that at its meeting in November 2009, when examining the allegations of anti-union dismissals and transfers, as well as acts of violence against one woman member during a peaceful demonstration, it made the following recommendations [see 355th Report, para. 963]:
   • (a) The Committee requests the Government to take the necessary measures to initiate an investigation into the alleged dismissals of the other two trade union officials, the transfer of SOECAPASA general secretary, Gustavo Acosta, and the mass transfer of workers following peaceful demonstrations held in order to inform the general public of the company’s situation. The Committee requests the Government to keep it informed of developments in this regard. It also requests the Government, in consultation with the social partners, to ensure effective national procedures for the prevention and sanctioning of anti-union discrimination.
   • (b) The Committee requests the Government to keep it informed with regard to the investigation carried out following the complaint lodged with the national police concerning the assault against Juana Erenio Penayo.

B. The Committee’s conclusions

1. 768. The Committee deeply regrets that, despite the time that has elapsed since the
   • last examination of the case and given the seriousness of the alleged acts (dismissals of trade union leaders and mass transfers – including that of the general secretary of a trade union – for participating in peaceful demonstrations, and the assault of a woman worker during the demonstration), the Government has not provided the information requested, despite being urged to provide its observations or information regarding the case on a number of occasions, including by means of an urgent appeal. Under these circumstances and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
2. 769. The Committee reminds the Government that the purpose of the whole procedure is to ensure respect for trade union freedoms both in law and in fact; this Committee is therefore convinced that, as the procedure protects governments from unreasonable accusations, governments on their side should recognize the importance of formulating, for objective examination, detailed replies concerning the substance of the allegations made against them [see First Report of the Committee, para. 31]. The Committee expects that in the future the Government will actively cooperate by providing the information or observations requested.
3. 770. Under these circumstances, the Committee finds itself obliged to reiterate the recommendations it made when it examined this case at its meeting in November 2009 [see 355th Report, para. 963].

The Committee's recommendations

1. 771. In the light of its foregoing interim conclusions, the Committee again invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that the Government has not provided the information requested or adopted the measures requested, and requests the Government to actively cooperate in the procedure in the future.
   • (b) The Committee again urges the Government to take the necessary measures to initiate without delay an investigation into the alleged dismissals of the other two trade union officials, the transfer of SOECAPASA general secretary, Gustavo Acosta, and the mass transfer of workers following peaceful demonstrations held in order to inform the general public of the company’s situation. The Committee requests the Government to keep it informed of developments in this regard. It also requests the Government, in consultation with the social partners, to ensure effective national procedures for the prevention or sanctioning of anti-union discrimination.
   • (c) The Committee again urges the Government to keep it informed with regard to the investigation carried out following the complaint lodged with the national police concerning the assault against the worker, Juana Erenio Penayo.