Interim Report - Report No 105, 1968

Case No 503 (Argentina) - Complaint date: 27-DEC-66 - Closed

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INTRODUCTION
Allegations relating to the Detention of the Trade Union Official Eustaquio Tolosa
The Committee's recommendations

202. The Committee examined this case previously at its sessions in May and November 1967 and February 1968, when it submitted to the Governing Body interim reports thereon, which are contained respectively in paragraphs 231 to 265 of its 98th Report, paragraphs 319 to 406 of its 101st Report and paragraphs 187 to 207 of its 103rd Report. These three reports were approved by the Governing Body.
203. In paragraph 207 of its 103rd Report the Committee made a number of recommendations of the Governing Body on various aspects of the case, some of which involved requesting certain additional information from the Government. Once the Governing Body had given its approval, these recommendations were brought to the notice of the Government in a letter dated 7 March 1968.
204. After the report mentioned in the previous paragraph had been approved, additional information was received from the International Transport Workers' Federation (I.T.F.) on 26 March 1968, from the International Federation of Christian Trade Unions on 12 April 1968, and from the International Federation of Christian Trade Unions of Transport Workers on 24 April 1968. The communications were transmitted to the Government.
205. The Government furnished its observations and additional information through the Permanent Mission of the Argentine Republic accredited to the international organisations at Geneva on 27 March and 3 April 1968.
206. Argentina 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).

Allegations relating to the Detention of the Trade Union Official Eustaquio Tolosa

207. Since the events which led to Mr. Tolosa's prosecution were not unconnected with his trade union activities, and in view of the fact that he had been under preventive detention for more than a year, the Governing Body, in accordance with the recommendation made by the Committee at its session in February 1968 in paragraph 207 (a) of its 103rd Report, requested the Government to be good enough to inform it as soon as possible as to the likelihood of a judgment on the case being pronounced shortly or the possibility of his being released.
208. In their communications dated 26 March, 12 April and 24 April 1968, the complainants state that Mr. Tolosa was convicted as a result of the proceedings against him. This fact was confirmed by the Government, which forwarded a copy of the verdict given by the federal judge in a court of first instance on 21 March 1968. In the reasons given for the verdict, the judge states that Mr. Tolosa was charged with the offence defined and made punishable by section 1 of Act No. 14034. This Act, a copy of which was supplied by the Government, states that " Any Argentine national who by any means whatsoever advocates the application of political or economic sanctions against the State of Argentina shall be punished by a term of from five to 25 years' imprisonment and total and permanent loss of rights ". This Act was passed in 1951 with the aim of ensuring that no Argentine national could continue to act as apparently a certain individual was acting at that time, viz. advocating the termination of commercial links between a certain foreign country and Argentina.
209. In analysing the facts which gave rise to the trial, the verdict refers to a meeting held in London from 14 to 16 November 1966 by the I.T.F at which it was decided to recommend an international boycott to be applied wherever appropriate (a) against ships and aircraft flying the Argentine flag; (b) against goods which would normally be carried to and from Argentina; and (c) by refusing to unload goods arriving from Argentina, until such time as the Argentine Government reconsidered its present anti-labour campaign and put an end to military intervention in the affairs of the United Argentine Dockers' Union (S.U.P.A.). According to the evidence submitted to the court, Mr. Tolosa was present at this meeting and voted for this decision. To quote the verdict: " There is no room for doubt that the decision taken in London implies the application of sanctions of an economic nature against the State of Argentina. Refusal to unload goods of Argentine origin or carried in ships or aircraft flying the Argentine flag is unquestionably an economic measure." This measure, according to the verdict, was not aimed against private individuals, i.e. the owners of the ships, planes, cargoes or undertakings concerned, but against the Government of Argentina for the purpose of coercing it into ending its intervention in the affairs of the S.U.P.A. Mr. Tolosa, by attending the meeting at which this decision was taken and by voting for it, committed the offence made punishable by Act No. 14034. In view of these considerations, the judge concluded by sentencing Mr. Tolosa to five years' imprisonment, together with loss of various rights.
210. The Committee considers that in its examination of this question account should be taken of the circumstances giving rise to the alleged offence. The Committee recalls that the Argentine Government in Acts Nos. 16971 and 16972 and Decree No. 2729, amended the dock labour standards previously in force (see paragraphs 235 to 238 of the 98th Report and paragraphs 333 to 338 of the 101st Report). This decision was taken by the Government unilaterally without prior consultation with the S.U.P.A on the nature of the new regulations. In fact the union, on being informed that the new standards were due to be introduced shortly, asked to be allowed to take part in their preparation, but this request was refused. The S.U.P.A thereupon called a strike and this led to intervention in the affairs of the union by the Government, following which the I.T.F passed the boycott resolution referred to earlier.
211. The Committee considers that in this case consultation with the trade union organisation concerned during the preparation of the new dock labour standards might perhaps have prevented the developments out of which the present case has arisen. By engaging in such consultation the Government would have been acting in accordance with the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113), which states that measures appropriate to national conditions should be taken to promote effective consultation and co-operation between public authorities and employers' and workers organisations. Such consultation and co-operation should aim at joint consideration of matters of mutual concern with a view to arriving to the fullest possible extent at agreed solutions. It should also aim at ensuring that the competent public authorities seek the views, advice and assistance of employers' and workers' organisations in an appropriate manner in respect of such matters as the preparation and implementation of laws and regulations affecting their interests. The Committee notes in this connection that Act No. 14455 concerning workers' organisations gives occupational associations with trade union status the exclusive right to defend and represent the occupational interests of employees vis-à-vis the State, and to collaborate with the State in a technical and advisory capacity in the study and solution of problems of concern to the occupation in question.
212. Analysing the reasons given for the verdict in so far as they deal with the international support decided upon by the I.T.F, the Committee notes that the judge placed particular emphasis on the fact that in this case the measure in question was not directed against certain employers but against the Argentine State and that this measure had been supported by an Argentine citizen, who thereby infringed penal legislation in force in the country. The Committee wishes to lay particular stress on this situation because it considers that international trade union solidarity constitutes one of the fundamental objectives of any trade union movement and underlies the principle laid down in Article 5 of Convention No. 87 to the effect that any organisation, federation or Confederation shall have the right to affiliate with international organisations of workers and employers.
213. As regards the sentencing of Mr. Tolosa, the Committee notes that it would appear from the verdict that this trade union leader was tried by an ordinary court with the safeguards of a proper trial and was sentenced for violation of an Act which was already in existence and which imposed penalties on any Argentine citizen supporting the application of economic measures against the State. The Committee likewise observes that in this case an international boycott was decided upon to coerce the Government because of certain measures which it had taken in its capacity as a public authority. It is not clear from the Government's reply or from the information available to the Committee whether the verdict passed by the court of first instance on Mr. Tolosa is final or whether an appeal has been lodged with a higher court.
214. In the circumstances the Committee recommends the Governing Body:
(a) to take note of the verdict passed on Mr. Tolosa;
(b) to call the Government's attention to the principles set forth in paragraph 211;
(c) to request the Government to be good enough to keep it informed of any new developments in the case of Mr. Tolosa, especially as regards any appeal against the sentence, and, in case of an appeal, to forward a copy of the decision by the court concerned.
Allegations relating to Measures to Take Over Various Trade Union Organisations and to Suspend Their Trade Union Status
215. On the subject of the suspension of the trade union status of various trade union organisations the Committee, at its session in February 1968, having regard to the fact that under existing legislation such organisations are hampered in their defence of their members' occupational interests and are unable to organise their administration and activities freely or to formulate their programmes, recommended the Governing Body:
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(ii) to express once again the hope that those of the measures taken in February and March 1960 to suspend trade union status which are still in force will be rescinded in the near future, and requests the Government to be good enough to keep it informed as to the action it has taken or proposes to take to this end.
216. With regard to the government take-over of the S.U.P.A, the Committee had considered the question against the background of the 1966 dock disputes and at its session in November 1967 had recommended the Governing Body:
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(i) to take note of the declaration by the Government that it does not intend to maintain its control of the United Argentine Dockers' Union indefinitely and that it will rather endeavour to ensure that the organisation in question is shortly able to operate normally;
(ii) to express the hope that the necessary measures will be adopted as soon as possible and to ask the Government to keep it informed of developments in this connection.
217. In its communication dated 27 March 1968 the Government states that " gradually, as there is a return to normal in the trade unions whose status has been suspended ", this status is being restored by the competent authorities. This is the position for the Textile Workers' Union and the Metal Workers' Union. As regards the other trade union organisations whose status is still suspended, the Government states that it has passed legislation to ensure that their welfare services continue to function properly. The Coordinating Committee for Trade Union Welfare Services, appointed by a decree dated 6 April 1967 and consisting of a number of civil servants, is empowered to appoint supervisory delegates to a union to ensure that sufficient attention is paid to the operation of the welfare services in question.
218. In a special reference to the S.U.P.A the Government repeats that the authorities are determined to proceed as speedily as possible with the return to normal in the organisations which have been taken over, including the union in question.
219. The Committee recalls, in connection with the taking over of the S.U.P.A, that this measure was ordered by the Government in Decree No. 2868 dated 19 October 1966. In its communication dated 26 September 1967 the Government stated that, as stipulated in the " general programme for the attainment of the aims set forth in Annex 3 of the Act of the Argentine Revolution ", it intended" to restrict state control of trade union organisations to the minimum " and that " the existing organisations will continue to function without being taken over so long as their activities conform to the specific aims for which they have been established and to the relevant legislation ". Accordingly, the Government stated, it would endeavour to ensure that the union in question could revert to normal at an early date. It added that work in the port of Buenos Aires had returned to normal and that this was still the situation (see paragraphs 344, 345 and 347 of the 101st Report).
220. With regard to the other measures to suspend trade union status, such as Decree No. 119 dated 2 March 1967 (see paragraphs 365 and 369 of the 101st Report), the Committee notes that these measures by the Argentine authorities were taken as a result of events which occurred in 1966 and early 1967, i.e. somewhat more than a year ago. The Government has lifted the suspension in respect of some unions, e.g. the Textile Workers' Union and the Metal Workers' Union, but has not done so in respect of other unions which were deprived of their status at the same time and for the same reason.
221. In the circumstances, and bearing in mind the contents of Annex 3 of the Act of the Argentine Revolution referred to earlier, the various statements by the Government to the effect that it is hastening the process of a return to normal in the trade union movement, the time which has elapsed since the taking over of the unions still deprived of their status and the importance of such a return to normal if these organisations are to exercise their rights under Convention No. 87 to elect their representatives in full freedom and to organise their administration and activities, the Committee recommends the Governing Body:
(a) to take note of the information supplied by the Government to the effect that it has restored the trade union status of the Textile Workers' Union and the Metal Workers' Union;
(b) to urge the Government once more to repeal as soon as possible the measures still in force to suspend and take over certain trade unions and to request the Government to keep it informed about the measures it has taken or proposes to take to this end.
Other Allegations Outstanding
222. At its session in November 1967 the Committee examined a series of allegations concerning interference by the authorities in the affairs of the General Confederation of Labour of the Argentine Republic, measures directed against union leaders and members, and compulsory arbitration and collective bargaining. In order to come to a conclusion on these aspects of the case, the Committee asked the Government to supply more precise information or observations (see paragraphs 383, 386 and 398 of the 101st Report). Not having received this by the time of its session in February 1968, the Committee once more requested additional information in paragraph 406 (e) of its 103rd Report. Since the information has still not been received the Committee once more requests the Government to supply it so that it can continue its examination of these outstanding allegations.

The Committee's recommendations

223. In these circumstances, with regard to the case as a whole, the Committee recommends the Governing Body:
- (a) with regard to the detention of Mr. Eustaquio Tolosa:
- (i) to take note of the verdict against him;
- (ii) to call the Government's attention to the principles set forth in paragraph 211;
- (iii) to request the Government to be good enough to keep it informed of any new developments in the case of Mr. Tolosa, especially as regards any appeal against the sentence, and, in case of an appeal, to forward a copy of the decision by the court concerned;
- (b) with regard to the measures to take over various trade union organisations and to suspend their trade union status, in view of the circumstances mentioned above in paragraph 221:
- (i) to take note of the information supplied by the Government to the effect that it has restored the trade union status of the Textile Workers' Union and the Metal Workers' Union;
- (ii) to urge the Government once more to repeal as soon as possible the measures still in force to suspend and take over certain trade unions and to request the Government to keep it informed about the measures it has taken or proposes to take to this end;
- (c) to take note of this interim report, it being understood that the Committee will submit a further report on the case when it has received the information requested from the Government in clauses (a) and (b) of this paragraph and in paragraph 222 above.