Interim Report - Report No 365, November 2012

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 member of the union

1. 1124. The Committee last examined this case at its November 2011 meeting, when it presented an interim report to the Governing Body [see 362nd Report, paras 1141–1148]. At its meeting in June 2012, 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 from the Government in due time. To date, it has not received any observations from the Government.
2. 1125. 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. 1126. The Committee recalls that at its meeting in November 2011, 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 362nd Report, para. 1148]:
   • (a) The Committee requests the Government to keep it informed of the employment status of the fourth SOECAPASA union official who, according to the complainants, was dismissed.
   • (b) The Committee again urges the Government to take the necessary measures to initiate without delay an investigation into the alleged 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.

B. The Committee’s conclusions

1. 1127. The Committee deeply deplores that, despite the time that has elapsed since the beginning of the case, the Government has not provided the information requested, despite being invited to do so, including by means of an urgent appeal.
2. 1128. Under these circumstances and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information that it had hoped to receive from the Government.
3. 1129. The Committee recalls that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them.
4. 1130. The Committee recalls that the allegations that had remained pending in this case concern the anti-union dismissal of one union official from the Cañas Paraguayas SA enterprise (CAPASA), the transfer of the General Secretary of the Trade Union of Workers and Employees of Cañas Paraguayas SA (SOECAPASA), Mr Gustavo Acosta, and the mass transfer of workers following peaceful demonstrations held in order to inform the general public of the company’s situation, as well as the assault against the worker, Ms Juana Erenio Penayo de Sanabria, by one of the company’s managers (the complainant organization enclosed with its own complaint a copy of the complaint lodged with the national police).
5. 1131. The Committee deeply deplores the fact that the Government has not sent its observations in this regard and finds itself obliged to reiterate the recommendations it made when it examined this case at its meeting in November 2011 [see 362nd Report, para. 1148].

The Committee’s recommendations

1. 1132. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply deplores that, despite the time that has elapsed since the beginning of this case, the Government has not provided the information requested, despite being invited to do so, including by means of an urgent appeal.
   • (b) The Committee once again strongly requests the Government to keep it informed of the employment status of the SOECAPASA union official who, according to the complainants, was dismissed.
   • (c) The Committee again strongly urges the Government to take the necessary measures to initiate without delay an investigation into the alleged transfer of SOECAPASA General Secretary, Mr 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.
   • (d) The Committee again strongly 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, Ms Juana Erenio Penayo.