Report in which the committee requests to be kept informed of development - Report No 281, March 1992

Case No 1546 (Paraguay) - Complaint date: 30-SEP-89 - Closed

1. 97. The complaints were examined by the Committee at its meeting of May 1991 without the observations by the Government, although the Committee had made an urgent appeal to the Government at its meeting of February 1991 (see 278th Report, paras. 364-381, approved by the Governing Body at its 250th Session).
2. 98. Subsequently the Government sent its observations in communications dated 28th May, 21st October and 8th November 1991.
3. 99. 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. Previous examination of the case

1. 100. The allegations by the complainant organisations which remain pending concern the dismissal of four trade union officials, Messrs. Antonio García, Ralt Gehre, René Salomón and Francisco Montanaro, members of the Paraguay Flight Attendants Association (APAV), who are all employees of Líneas Aéreas Paraguayas. The complainants also allege that although the Ministry of Labour recognised the trade union status of the APAV in 1989, the President of Líneas Aéreas Paraguayas refused to recognise this association on the grounds that flight attendants are public servants and do not therefore enjoy the right to organise. The President of the enterprise thus requested the national courts to invalidate the above-mentioned resolution.
2. 101. At its meeting of May 1991, the Committee reached the following conclusion (see 278th Report, para. 378):
3. The Committee concludes that the transfer and subsequent dismissal of the four above-mentioned trade union leaders violates Article 1 of Convention No. 98, according to which "workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment". It emphasises the importance of providing remedies against such acts of anti-union discrimination and requests the Government to take the necessary measures to ensure that Líneas Aéreas Paraguayas immediately reinstate the four dismissed trade union leaders.
4. B. The Government's reply
5. 102. The Government in its replies of 28th May, 21st October, and 8th November 1991 confirms the dismissal of the four trade union officials Messrs. García, Gehre, Salomón and Montanaro, from Líneas Aéreas Paraguayas (LAP) and states that this enterprise has not reinstated them.
6. 103. In the same way, the Government explains that Líneas Aéreas Paraguayas had requested the court to invalidate the trade union status granted to the Paraguay Flight Attendants Association (APAV) by administrative decision. In a ruling dated 30th July 1991 (which the Government includes in the annex to its reply), the application made by Líneas Aéreas Paraguayas was upheld and thus the trade union status granted to APAV was invalidated. This verdict is being appealed before the Supreme Court of Justice on the grounds of its unconstitutionality.

C. The Committee's conclusions

1. 104. First, the Committee regrets that the Government has not taken the measures which the Committee requested at its meeting of May 1991 for the reinstatement of the four trade union officials, Messrs. García, Gehre, Salomón and Montanaro, who were dismissed by Líneas Aéreas Paraguayas. In these circumstances, and having concluded in its previous examination of the case that the matter concerned anti-trade union dismissals, in violation of Article 1 of Convention No. 98, the Committee once again urges the Government to take the necessary measures to ensure that the enterprise LAP reinstates immediately in their posts the four dismissed trade union officials.
2. 105. As regards the invalidation (currently being appealed on grounds of unconstitutionality before the Supreme Court of Justice) of the trade union status of the Paraguay Flight Attendants Association, the Committee points out to the Government that this invalidation, as well as the legislation in force, which denies public officials and employees the right to organise, are serious violations of the provisions of Convention No. 87, which establishes that workers, without distinction whatsoever (including public officials and employees), shall have the right to establish and to join organisations of their own choosing without previous authorisation. The Committee thus regrets that the Government has not yet taken measures to ensure that the legislation guarantees public officials and employees the right to organise, despite the numerous recommendations made by the Committee in other cases (see 259th Report, Case No. 1341, paras. 511 and 512) and the repeated requests by the Committee of Experts on the Application of Conventions and Recommendations to this effect. The Committee once again asks the Government as a matter of urgency to take the necessary measures to establish in its national legislation the right to organise of public officials and employees and expresses the hope that the Supreme Court of Justice, in its verdict on the trade union status of the APAV, will take full account of the obligations of Paraguay resulting from the ratification of Convention No. 87.

The Committee's recommendations

1. 106. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the court invalidation of the trade union status of the Paraguay Flight Attendants Association (APAV), the Committee emphasises that this is a very serious infringement of the right to organise and urges the Government to permit the free operation of APAV and to take the necessary measures for the establishment in legislation of the right of public officials and employees to organise. The Committee urges the Government to inform it of the results of the appeal on grounds of unconstitutionality lodged by the APAV following the refusal to recognise its trade union status.
   • (b) As regards the dismissal of the four trade union officials, Messrs. García, Gehre, Salomón and Montanaro, from Líneas Aéreas Paraguayas, the Committee once again urges the Government to take the necessary measures for the immediate reinstatment of these officials in their jobs, and asks the Government to keep it informed on this matter.
   • (c) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to this case.