Interim Report - Report No 149, November 1975

Case No 654 (Portugal) - Complaint date: 18-DEC-70 - Closed

56. The Committee considered Case No. 654 at its 58th Session (May 1971), 60th Session (February-March 1972) and 62nd Session (November 1972) and on each occasion submitted an interim report to the Governing Body (paragraphs 66-92 of its 125th Report, paragraphs 147-168 of its 129th Report, and paragraphs 222-250 of its 133rd Report). It considered Case No. 666 at its 60th Session (February-March 1972) and 62nd Session (November 1972), and on each occasion submitted an interim report to the Governing Body (paragraphs 235-266 of its 129th Report and paragraphs 251-280 of its 133rd Report).

1. 56. The Committee considered Case No. 654 at its 58th Session (May 1971), 60th Session (February-March 1972) and 62nd Session (November 1972) and on each occasion submitted an interim report to the Governing Body (paragraphs 66-92 of its 125th Report, paragraphs 147-168 of its 129th Report, and paragraphs 222-250 of its 133rd Report). It considered Case No. 666 at its 60th Session (February-March 1972) and 62nd Session (November 1972), and on each occasion submitted an interim report to the Governing Body (paragraphs 235-266 of its 129th Report and paragraphs 251-280 of its 133rd Report).
2. 57. The new Portuguese Government forwarded its comments in a communication dated 31 October 1974, which arrived too late for the Committee to consider these cases at its session in November 1974. The World Federation of Trade Unions sent in a further communication to the ILO on 17 December 1974.
3. 58. Portugal has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 59. The Committee recalls that these cases raised matters such as the suspension and dismissal of trade union leaders and the appointment of administrative Committees to replace them, the closing of trade union premises, a ban on the right of assembly and a prohibition on inter-union meetings and on collective bargaining. A number of trade union leaders, too, had been arrested. In the preceding reports on these cases, the Committee laid down certain principles, put forward certain considerations, made various recommendations, and asked the Government for further information on several points.
2. 60. In its communication dated 31 October 1974, the new Government said that since the change of régime on 25 April 1974, the rights of collective bargaining and assembly were freely exercised in Portugal, that legislation had already been promulgated concerning the right of assembly and would shortly be brought to the ILO's notice, and that action was being taken to regulate trade union rights and the right of collective bargaining. The Government felt that the points raised in the two cases were no longer valid.
3. 61. In its communication dated 17 December 1974, the World Federation of Trade Unions said it wished to withdraw its complaints, in view of the far-reaching changes, both political and social, which had taken place in Portugal since April 1974. The other complainant organisations have not withdrawn their complaints.

B. B. The Committee's conclusions

1. 62. The Committee notes that since the change of régime in April 1974, the issues raised in the complaints relate to a situation which has been superseded. It notes with interest the statements by the new Government to the effect that freedom of association and the right of collective bargaining are being made the subject of regulations. It recalls that it has, in the past, made certain observations on trade union legislation and practice in Portugal, in connection with Case No. 2661, as well as in connection with Cases Nos. 654 and 666. It expresses the hope that the new regulations will take account of those observations and of the principles of freedom of association.
2. 63. The allegations made about the arrest of trade union leaders concerned Daniel Cabrita, General Secretary of the National Bank Employees' Union, Manuel Candeias, Chairman of the Lisbon Metal Workers' Union, Alfonso Rodrigues and José Marcelino, members of the Portuguese Airlines Joint Committee, Augusto Rosa, and Maria Julia dos Santos, General Secretary of the Commercial Employees' Union. The new Portuguese Government, in its letter, supplies no information about these persons.

The Committee's recommendations

1. 64. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note that, in view of the change of régime in Portugal in April 1974, the issues raised in these cases relate to a situation which has been superseded;
   • (b) to note that, according to the information supplied by the new Portuguese Government, legislation has been enacted concerning the right of assembly, and that freedom of association and the right to collective bargaining are being made the subject of regulations;
   • (c) to express the hope that the new provisions will take account of the observations referred to in paragraph 62 above, and of the principles of freedom of association;
   • (d) to request the Government to provide information about the present position concerning the persons mentioned in paragraph 63 above; and
   • (e) to take note of this interim report, it being understood that a further report will be submitted by the Committee once it has received the information requested in subparagraph (d) above.