Informe provisional - Informe núm. 172, Marzo 1978

Caso núm. 854 (Paraguay) - Fecha de presentación de la queja:: 07-JUL-76 - Cerrado

1. 272. The complaints of the Latin American Central of Workers (CLAT) and the World Confederation of Labour (WCL) are contained in two letters dated respectively 7 July and 21 July 1976. The CLAT supplied further information in communications dated 9 July 1976 and 15 July 1977. The WCL also provided additional information in a letter dated 5 August 1977.
2. 273. The Government communicated certain observations by a letter dated 21 August 1976. As authorised under the procedure, the Director-General, considering - without going into the substance of the issue - that this letter did not contain sufficient information to enable the Committee to examine the case, wrote on behalf of the Committee directly to the Government pointing out that it would be desirable for it to supply more specific information concerning the points raised by the complainants. In May 1977, this information still not having been received despite repeated requests, the Committee appealed to the Government to supply the information requested as a matter of urgency. The Government replied by a letter dated 30 September 1977.
3. 274. Paraguay has ratified both 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. A. The complainants' allegations

1. 275. The CLAT, acting on behalf of its affiliated organisation, the National Central of Urban Workers (CNTU), stated in its communications of July 1976 that the leaders of the trade unions connected with the CLAT, as well as the peasants' movement, were being subjected to attacks and persecution. It mentioned in particular the names of the following leaders, who, it claimed, had been arrested and tortured at the beginning of may 1976:
   • - Emigdio Colman Nuñez, General Secretary of the CNTU, arrested with his 12-year old son;
   • - Oscar Vicente Rodas, leader of the urban sector, joiner, arrested with his 16-year old daughter and his 16-year old son;
   • - Julian Flor, José Ojeda, José Parra, Fretez and other leaders of the peasants' movement.
     • The complainant also mentioned the closing down of the John XXIII People's Institute, founded by the Christian Central of workers - now the CNTU - for the benefit of the country's youth.
   • 276. The CLAT also described incidents which had occurred during the same period in the town of Pedro Juan caballero, involving trade union leaders: Marcos Acosta and Luis Oscar Rolón had been arrested and taken to the offices of the government delegation, where they were held for 15 days; Severo Delgado, an active peasants' trade unionist, was wanted by the police, who raided his house; he managed to escape to Brazil together with other persons. The CLAT expressed the opinion that the Christian inspired trade union movement was being systematically persecuted in Paraguay. It also claimed that torture was being shamelessly practised.
2. 277. The WCL also referred in its letter of 23 July 1976 to the arrest on 4 and 5 May 1976 of a number of the persons mentioned by the CLAT. It drew attention to the violence and repression being unleashed against trade unionists, especially leaders and militants in the peasants' sector. It expressed the view that a skirmish in April 1976 between the armed forces and a group of guerrilleros had been used as a pretext for attacking any organisation working to bring about social reform and an improvement in the miserable lot of the peasants.
3. 278. The CLAT added in its letter of 15 July 1977 - claiming to speak on behalf of the Christian agrarian leagues of Paraguay - that the peasants' trade union leader Martino Rolón Centurión had disappeared mysteriously on 4 April 1976, no doubt arrested by the National Guard. The complainants had reason to believe that he was alive and in custody at a National Guard barracks, and had been subjected to torture. He had never been charged with any offence, nor brought to trial, nor convicted. The WCL's communication of 5 August 1977 referred to the same facts. It specified that the person in question had been wounded on the day of his arrest while trying to defend his home. He was in solitary confinement and in a piteous state. The WCL further stated that the three brothers of Martin Rolón Centurion were also in custody: Domingo at the Investigation Department (where there were torture chambers), and Melchor and Santiago, against whom legal proceedings were pending, at Emboscada Penitentiary.
4. 279. In its first communication dated 21 August 1976, the Government stated that the Ministry of Justice and Labour had always upheld the rights of all workers and that the Government was ready to dialogue with lawfully established trade unions, which enjoyed guarantees in conformity with the Government's economic and social policy. The right to associate was recognised in the National Constitution, but its exercise had to be regulated by administrative rules to ensure that no harm was done to the national community. The Government went on to state that the unions cited by the complainants were totally unknown to the Ministry, with which the lawfully recognised organisations were registered. The latter would be justified in complaining to international bodies if it could be proved that their rights were being violated. Statements by illegal organisations of the kind involved in the present case - which had never been recognised, and had moreover never applied for recognition - were pure inventions submitted solely for the purpose of giving a false impression of the real situation in the country, for the furtherance of contemptible interests contrary to the general interests of the nation. At no time, added the Government, had there been any infringement of freedom of association; no genuine trade union leader, now or in the past, had ever been hindered in the performance of his functions. As for the others, the Government stated that it had no knowledge of their whereabouts and refuted the allegations made, claiming that those with a full knowledge of the facts who were active in the labour field, within the framework of the Constitution and the national law, had never mentioned having any difficulties of any kind whatsoever inside or outside their unions.
5. 280. The Government specified, in its letter of 30 September 1977, that Messrs. Emigdio Colman Nuñez, Julian Flor Lugo and Oscar Vicente Rodas had been arrested because they were believed to have participated in subversive activities; all three had now been released - the first two in 1976, and the third in March 1977. As for Messrs. José Gill Ojeda Falkan, José Parra Gaona and Pedro Fretez, they were still in Emboscada Prison, awaiting trial in the ordinary courts on charges of contravening Act No. 209 respecting the preservation of the public peace and personal freedom. These facts showed clearly, continued the Government, that these persons did not belong to any trade union or suchlike organisation operating lawfully in Paraguay.
6. 281. As concerns the closing down of the John XXIII Institute, the Government stated that this had been decided upon by the competent ministry because the persons in charge had failed to comply with the legal requirements with respect to the operation of intermediate-level educational institutions. The decision was based on section 106(c) of Decree No. 17092 of 18 February 1943, which stipulates that an establishment may not operate with less than a minimum of 20 pupils per course - a requirement that the institute in question was unable to meet; it was notified of the decision on 2 February 1976. In conclusion, the Government repeated its statement that freedom of association prevailed in Paraguay.

B. B. The Committee's conclusions

1. 282. Before examining the specific allegations made in this case, the Committee wishes to recall that in determining whether or not an organisation is occupational in character it has never considered itself bound by any national definition of what constitutes an occupational organisation; it has stated, for example, that failure by an organisation to file its rules in accordance with national legislation would be no adequate reason for declaring a complaint irreceivable, since the principles of freedom of association demand that workers should not have to obtain prior authorisation before establishing organisations of their own choosing to further and defend their interests. In the present instance, the fact that the national organisations of workers cited have not been officially recognised is no justification for the rejection of the allegations - which have moreover been presented by the CLAT and by the WCL - since it is clear from the complaints that these organisations have at least a de facto existence.
2. 283. The Committee notes the information supplied by the Government on the substance of the case. However, the Government has furnished no particulars as to the reasons for the arrest of Marcos Acosta and Luis Oscar Rolón, the measures taken against Severo Delgado or the fate of Martino Rolón Centurión and his brothers. Nor has it communicated its observations in reply to the allegations to the effect that a number of the trade unionists named by the complainants have been subjected to ill-treatment.
3. 284. As regards the John XXIII Institute, the complainants have not furnished evidence to prove that the closing down of this intermediate-level educational institution, as it has been defined by the Government, constituted interference with the exercise of trade union rights.
4. 285. While the Committee notes the release of Emigdio Colman Nuñez, Julian Flor, Lugo and Oscar Vicente Rodas, and of Marcos Acosta and Luis Oscar Rolón, it wishes nevertheless to point out, as it has done many times in the past, that the detention by authorities of trade unionists concerning whom no grounds for conviction are subsequently found is liable to involve restrictions of trade union rights; the government concerned should take steps to ensure that the authorities concerned have instructions appropriate to eliminate the dangers of detention for trade union activities.
5. 286. As concerns José Gill Ojeda Falkan, José Parra Gaona and Pedro Fretez, who are still in prison awaiting trial, the Government had not supplied any information as to the actual facts which led to their arrest. In this connection, it should be recalled, as the Committee has already done, particularly in other cases relating to Paraguay, that where complainants allege that workers or trade union leaders have been arrested for trade union activities, and the replies of the government concerned amount to general denials of the allegations or are simply to the effect that the arrests were made for subversive activities, for reasons of internal security or for crimes under the ordinary law, the Committee follows the rule that the government concerned should be requested to submit further information, as precise as possible, about the arrests and the reasons for them; it has requested, in particular, information concerning any legal proceedings instituted and their outcome, so that it can have all the facts before it when examining the allegations.

The Committee's recommendations

1. 287. In these circumstances, the Committee recommends the Governing Body:
   • (a) to decide, for the reasons stated in paragraph 284, that the allegations relating to the closing down of the John XXIII Institute do not call for further examination;
   • (b) to note with interest the release of Emigdio Colman Nuñez, Julian Flor Lugo and Oscar Vicente Rodas, and of Marcos Acosta and Luis Oscar Rolón, but to recall that the detention of trade unionists concerning whom no grounds for conviction are subsequently found is liable to involve severe restrictions of trade union rights;
   • (c) to request the Government, for the reasons stated in paragraph 286, to supply detailed information as to the specific acts José Gill Ojeda Falkan, Jose Parra Gaona and Pedro Fretez are said to have committed, and to communicate, as soon as they are pronounced, the texts of the judgements handed down in respect of these persons and the reasons adduced therefor;
   • (d) to request the Government to supply also information as to the situation of Severo Delgado and Martino Rolón Centurión, and the latter's brothers, and the specific acts of which they are accused, to state whether legal proceedings have been instituted against them and, if so, to communicate the texts of the judgements handed down and the reasons adduced therefor;
   • (e) to request the Government to provide its observations in reply to the allegations concerning the alleged ill-treatment of a number of persons in custody;
   • (f) to take note of this interim report.