Interim Report - Report No 372, June 2014

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 a female union member

1. 498. The Committee last examined this case at its November 2012 meeting, when it presented an interim report to the Governing Body [see 365th Report, paras 1124–1132].
2. 499. The Government sent its observations in a communication dated 12 March 2014.
3. 500. 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. 501. The Committee recalls that at its meeting in November 2012, when examining the allegations of anti-union dismissals and transfers, as well as acts of violence against a female union member during a peaceful demonstration, it made the following recommendations [see 365th Report, para. 1132]:
   • (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.

B. The Government’s reply

1. 502. In its communication of 12 March 2014, the Government indicated that the enterprise Cañas Paraguayas SA (CAPASA) reported that: (1) the union officials that were dismissed in 2007 and 2008 have been reinstated; (2) that the General Secretary of the union, Mr Gustavo Acosta, was transferred in 2007 and appointed Head of carpentry and that he continues in that post; and (3) in 2008, the Board of Directors issued Decision No. 290, providing for the transfer of 23 public officials from several sectors to other branches as part of a staff reshuffle.

C. The Committee’s conclusions

1. 503. The Committee recalls that the allegations that remained pending in this case concern the anti-union dismissal of a union official from the enterprise CAPASA, the 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, as well as the physical assault against the worker Ms Juana Erenio Penayo de Sanabria, by one of the enterprise managers (the complainant organization enclosed with its own complaint a copy of the complaint lodged with the national police).
2. 504. As regards the alleged dismissal of a union official, the Committee notes that the Government reports that the union officials that were dismissed in 2007 and 2008 have been reinstated.
3. 505. As regards the alleged transfer of the SOECAPASA General Secretary and the mass transfer of workers following peaceful demonstrations, the Committee notes that the Government reports that: (1) the General Secretary of the union was transferred in 2007 and appointed Head of carpentry and that he continues in that post; and (2) in 2008, the Board of Directors issued Decision No. 290, providing for the transfer of 23 public officials from several sectors to other branches as part of a general staff reshuffle. The Committee takes note of this information and will not pursue the examination of these allegations unless the complainants provide new information.
4. 506. Lastly, the Committee regrets that the Government has not sent the information that it had requested with regard to the investigation carried out following the complaint lodged with the national police concerning the physical assault against the worker Ms Juana Erenio Penayo, and strongly urges the Government to keep it informed in this regard.

The Committee’s recommendation

1. 507. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • 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 physical assault against the worker, Ms Juana Erenio Penayo.