Report in which the committee requests to be kept informed of development - Report No 292, March 1994

Case No 1656 (Paraguay) - Complaint date: 15-JUN-92 - Closed

1. 402. The Committee examined this case at its November 1992 meeting (see 284th Report, paras. 1,051 to 1,067, approved by the Governing Body at its 254th Session (November 1992)), when it formulated interim conclusions. Subsequently, given the Government's failure to provide comments on the outstanding allegations, the Committee was obliged on two occasions to postpone the examination of this case. Likewise, at its November 1993 meeting the Committee drew the Government's attention to the fact that, in accordance with the procedure established in paragraph 17 of its 127th Report, approved by the Governing Body at its 184th Session (November 1971), it would present a report on the substance of the case at its next meeting, even if it had not received the information or observations requested (see 291st Report, approved by the Governing Body at its 258th Session (November 1993), para. 12). The Government sent a communication dated 25 January 1994.
2. 403. Paraguay has ratified the Freedom of Association and the Protection of the Right to Organize Convention, 1948 (No. 87) as well as the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 404. The allegations that remained outstanding after the Committee's November 1993 meeting referred to the dismissal of trade union leaders and trade unionists and to the arrest of trade union leaders. Specifically, the complainants had alleged that the Itá Enramada Hotel Casino enterprise had dismissed four trade union leaders following the establishment of a trade union, and that the trade union leaders of the Industrial Areguá enterprise, Walter Villasboa and Ramón Ortega, had been arrested on charges of sabotage, and subsequently dismissed along with other trade unionists of the enterprise.
2. 405. In the absence of the Government's sufficiently detailed observations on these allegations, the Committee formulated the following recommendations at its November 1992 meeting (see 284th Report, para. 1,067):
3. The Committee asks the Government to keep it informed of the development and outcome of the proceedings before the Labour Court concerning the dismissal of four officials of the Union of Workers of the Itá Enramada Hotel Casino. The Committee also asks the Government to send its observations on the allegation that the trade union leaders Walter Villasboa and Ramón Ortega were falsely accused of sabotage and had to spend several weeks in prison before being freed, when it proved impossible to substantiate the accusation, and
4. The Committee asks the Government to keep it informed of developments in and the outcome of the proceedings in the Labour Court of the First Instance concerning the dismissal of trade unionists of the Industrial Areguá enterprise.
5. B. The Government's communications
6. 406. In its communication of 25 January 1994 the Government reiterates the information it had previously communicated, to the effect that appeals have been filed in both cases.

C. The Committee's conclusions

1. 407. In the first place, the Committee deeply regrets the Government's failure to comply with the Committee's procedure, and specifically regrets that the Government has failed to send the information requested concerning the outstanding allegations; owing to the time that has elapsed since the presentation of the complaints, the Committee has no choice but to examine the case without the Government's relevant observations. The Committee reminds the Government that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact. If the procedure protects governments against unreasonable accusations, governments on their side should recognize the importance of formulating for objective examination detailed replies to the allegations brought against them (see the Committee's First Report, para. 31, approved by the Governing Body in March 1952).
2. 408. As regards the dismissal of four trade union leaders of the Itá Enramada Hotel Casino, allegedly owing to the establishment of a trade union, and the dismissal of trade unionists from the Industrial Areguá enterprise, the Committee notes with regret that the Government merely reiterates its previous reply to the effect that the pertinent appeals are now before the courts. The Committee deplores not having new observations from the Government concerning these dismissals, and once again reminds the Government that no person should be subject to dismissal or other prejudicial measures by reason of legitimate trade union activities, such as the establishment of a trade union, and that pursuant to Article 1 of Convention No. 98, workers should enjoy adequate protection against acts of anti-union discrimination in respect of their employment. In these conditions, the Committee requests the Government to keep it informed of the proceedings in the labour courts; it considers that the workers concerned should be reinstated in their jobs if it is established that their dismissals were due to legitimate trade union activities.
3. 409. As regards the imprisonment of the leaders of the Industrial Areguá enterprise trade union, Walter Villasboa and Ramón Ortega, allegedly owing to false accusations of sabotage, and given the Government's failure to provide observations, the Committee deeply regrets that these trade union leaders were deprived of their liberty for several weeks, without compelling evidence of their involvement in the crime. Noting that no charges were filed against these trade union leaders, the Committee draws the Government's attention to the fact that the detention of trade union leaders and trade unionists for legitimate trade union activities constitutes a serious violation of the principles of freedom of association.

The Committee's recommendations

1. 410. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that, in spite of its numerous requests, the Government has failed to send additional information on the outstanding allegations, and urges it to keep it informed on the various issues in the present case.
   • (b) The Committee requests the Government to keep it informed on the progress and outcome of proceedings in labour courts concerning the dismissal of trade union leaders and trade unionists from the Itá Enramada Hotel Casino and the Industrial Areguá enterprise. The Committee requests the Government to take necessary measure to ensure that these workers are reinstated in their jobs if it is established that they had been dismissed by reason of legitimate trade union activities.
   • (c) In this connection, the Committee requests the Government to ensure compliance with the principle that no person should be subject to dismissal or other prejudicial measures for carrying out legitimate trade union activities such as the establishment of a trade union, and with Article 1 of Convention No. 98, which provides that workers should enjoy adequate protection against acts of anti-union discrimination in respect of their employment.
   • (d) Lastly, the Committee deplores that trade union leaders Walter Villasboa and Ramón Ortega were deprived of their liberty for several weeks without sufficient evidence of their involvement in the crime they were accused of. The Committee requests the Government to refrain in the future from imprisoning trade union leaders and trade unionists for legitimate trade union activities, since this constitutes a serious violation of the principles of freedom of association.