Rapport définitif - Rapport No. 131, 1972

Cas no 663 (Paraguay) - Date de la plainte: 13-AOÛT -69 - Clos

93. In a communication dated 13 August 1969, the Latin American Federation of Christian Trade Unions (CLASC) submitted certain allegations of infringements of trade union rights in Paraguay. The World Confederation of Labour (WCL), in a letter dated 25 August 1969, supported this complaint. The Government, to which the text of the abovementioned communications had been sent, furnished certain observations in a letter dated 11 February 1970. In a further communication dated 26 February 1970 the WCL submitted fresh allegations.

1. 93. In a communication dated 13 August 1969, the Latin American Federation of Christian Trade Unions (CLASC) submitted certain allegations of infringements of trade union rights in Paraguay. The World Confederation of Labour (WCL), in a letter dated 25 August 1969, supported this complaint. The Government, to which the text of the abovementioned communications had been sent, furnished certain observations in a letter dated 11 February 1970. In a further communication dated 26 February 1970 the WCL submitted fresh allegations.
2. 94. The WCL, in a communication dated 24 March 1971, submitted additional allegations. The text of this communication was transmitted to the Government, which has not submitted any observations thereon.
3. 95. 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. A. The complainants' allegations

1. 96. Despite repeated requests to the Government by the Committee to supply more specific information concerning the allegations referred to in paragraph 93 above, and information concerning the allegations referred to in paragraph 94 above, the Government has, so far, failed to do so. Accordingly, at its session in November 1971, the Committee addressed an urgent appeal to the Government to supply the information which the Committee had requested (127th Report, paragraph 7). No reply having been received to this appeal, the Committee, at its session in February 1972, and in accordance with the rule of procedure contained in paragraph 17 of its 127th Report, informed the Government that it might submit a report on the substance of the matter at its present session even if the information requested had not been received. This information has still not been received.
2. 97. In these circumstances, before examining the allegations, the Committee considers it appropriate to recall the observation which it made in paragraph 31 of its First Report, namely, " the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects governments against unreasonable accusations, governments on their side will recognise the importance for the protection of their own good name of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward ".
   • Allegations concerning the Arrest of the Trade Unionists Angel Riveros, Juan Félix Martinez and Agripino Silva
3. 98. In its letter of 13 August 1969, the CLASC states that the Government has infringed trade union rights and interfered in the exercise of trade union activities. According to this complaint, Mr. Angel Riveros, Alternate Secretary-General of the Confederation of Christian Workers (CCT) and President of the Regional Federation of Christian Agricultural Leagues of the Department of Caaguazú, and Mr. Juan Félix Martinez, Organisation Secretary of the Christian Peasant Federation of Paraguay (FCC) were arrested at their homes. The CLASC adds that 24 hours after their arrest it was impossible to establish where they were imprisoned or to ascertain the actual grounds for their arrest. Steps were taken to secure this information, which was essential before any legal action could be taken on their behalf. According to the CLASC, the fact that the trade union leaders were hidden away and the lack of information as to their whereabouts are obvious proof of the infringements previously referred to. In its communication of 25 August 1969, the World Confederation of Labour supports the complaint and requests the intervention of the ILO " in order to obtain enlightenment as quickly as possible upon the fate met with by these trade union officials, and their speedy release if they are still being kept in custody by the police of that country ".
4. 99. In its communication of 26 February 1970, the World Confederation of Labour states that according to information received, Mr. Agripino Silva, " a young Paraguayan trade unionist, responsible for the workers' education activities of the CCT (Confederation of Christian Workers) " was arrested and imprisoned by the police on 25 January 1970. The complainant organisation refers to " oppression and persecution " perpetrated for years by the Government against the working masses, and states that " the arbitrary and unjust arrest and imprisonment of Agripino Silva for his trade union activities is further glaring evidence of such practices ". The complainant organisation requests the ILO to intervene so that this trade unionist may be released immediately to resume his trade union activities in accordance with the International Labour Conventions and so that the Conventions may be respected and applied by the Government.
5. 100. In its communication of 11 February 1970, the Government transmitted information on the allegations relating to Angel Riveros and Juan Félix Martinez, which had been provided by the Ministry of Justice and Labour. According to this information, the names of the supposed leaders of the Confederation of Christian Workers appear on the police records of the Departmental Authorities of Caaguazú, where these persons were arrested on 2 July 1969 and released on 17 July 1969 ". The Government added that they were not arrested on account of their trade union activities but in connection with breaches of law and order. Trade union activities in Paraguay, stated the Government, were well safeguarded but the safeguards could not be invoked to justify non-observance of regulations on law and order. The trade union situation in the country was not what the Ministry of Justice and Labour would like it to be, owing to the absence of agricultural undertakings grouping a sufficient number of workers to enable trade unions or workers' associations to be formed. Rural activities were not carried on within large undertakings. Small family holdings were more common, farmed by the owners with the help of their relatives. The Ministry of Justice and Labour stated that it had no knowledge of the existence of the trade union offices mentioned in the complaint or of the supposed trade union organisations the complainants claimed to represent. The Ministry " is satisfied with the development of the growing trade union movement in Paraguay and considers that this development cannot be impeded by complaints of non-existent infringements of freedom of association ".
6. 101. At its session in May 1970 the Committee decided to request the Government to supply information concerning the actual offences imputed to Messrs. Riveros and Martinez which would have constituted breaches of public order and to indicate whether these persons were brought before the competent judicial authority. It also requested the Government to transmit its observations concerning the detention of Agripino Silva and to state the legal position of this person.
   • Allegations concerning the Arrest of Efigenio Fernández
7. 102. In its communication dated 24 March 1971, the World Confederation of Labour referred to the arbitrary arrest of Efigenio Fernández, Secretary-General of the Paraguayan Christian Workers' Confederation, and acting member of the Executive Committee of the Latin American Federation of Christian Trade Unions. Mr. Fernández, state the complainants, was arrested in San Joaquin on 7 March 1971 while accompanying an official of the Ministry of Agriculture at the founding of a peasant co-operative. As stated above, no reply has been received from the Government concerning these allegations.

The Committee's recommendations

1. 103. The Government having failed to supply the information requested from it concerning the allegations, the Committee recommends the Governing Body:
   • (a) to recall the observation made by the Committee as early as its First Report, namely that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects governments against unreasonable accusations, governments on their side should recognise the importance for the protection of their own good name of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward;
   • (b) to recall that, in cases involving the arrest of trade unionists, on various occasions, when governments have countered allegations according to which trade union leaders or workers had been arrested for trade union activities by stating that the persons in question had actually been arrested for subversive activities, for reasons of national security or for having committed common offences, the Committee has always followed the rule consisting in requesting the government concerned to supply further information as soon as possible with regard to the relevant arrests and the exact grounds on which they were made, adding that, if in some cases the Committee has decided that allegations concerning the arrest or detention of trade unionists did not require further examination, it has only done so after receiving information from the Government that proved conclusively that these arrests or detentions had no connection with trade union activities, but were occasioned by activities outside the trade union sphere which were either prejudicial to public order or of a political nature;
   • (c) to recall the importance which should be attached to the principle that all arrested persons should be subject to normal judicial procedure in accordance with the principles enshrined in the Universal Declaration of Human Rights, and in accordance with the principle that it is a fundamental right of the individual that a detained person should be brought without delay before the appropriate judge, this right being recognised in such instruments as the International Covenant on Civil and Political Rights, the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights;
   • (d) to draw the attention of the Government to the principle that the detention of trade unionists concerning whom no grounds for conviction are subsequently found is liable to involve restrictions of trade union rights;
   • (e) to deplore the fact that, despite repeated requests for information, the Government has not submitted the information sought by the Committee on the serious allegations made by the complainants, thereby making it impossible for the Committee to formulate its conclusions on the matter in full knowledge of the facts; and
   • (f) to request the Director-General to maintain all appropriate forms of contact with the Government in order to obtain the information requested from it concerning the trade unionists mentioned in paragraphs 101 and 102 above who were arrested.