Rapport définitif - Rapport No. 133, 1972

Cas no 710 (Argentine) - Date de la plainte: 12-JUIL.-72 - Clos

1. 52. The complaint of the World Confederation of Labour is contained in a telegram dated 12 July 1972. The complaint from the Latin American Central of Workers is contained in a communication dated 13 July 1972. These complaints were transmitted to the Government, which sent its observations thereon in a communication dated 7 August 1972.
2. 53. Argentina has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 54. The complainants allege that in order to prevent workers from exercising their trade union rights the Government has arbitrarily withdrawn the legal personality of the General Confederation of Labour of Argentina and has blocked the trade union funds.
2. 55. In its reply the Government states that " the action taken to block trade union funds was rendered inoperative with effect from 17 July, and all approved banks were informed of this by telephone communication No. 2635 from the Central Bank of Argentina ". As regards the withdrawal of the legal personality of the Argentinian General Confederation of Labour, the Government declares that this measure was annulled by Resolution MT No. 295 dated 25 July 1972.

B. B. The Committee's conclusions

1. 56. Although neither the complainants nor the Government give the exact reasons for which the General Confederation of Labour became the object of the measures mentioned in the complaint, the Committee feels that it should point out that, even if measures of this kind may in certain circumstances be justified, they should, in order to avoid any danger of arbitrary action, be taken through judicial and not administrative action, as seems to have been done in the present case.

The Committee's recommendations

1. 57. Subject to this reservation, the measures in question having been annulled and the complaint thus having become pointless, the Committee recommends to the Governing Body to decide that the case does not call for further examination.