Interim Report - Report No 362, November 2011

Case No 2648 (Paraguay) - Complaint date: 28-MAY-08 - Closed

Allegations: The complainant organizations allege anti-union dismissals and transfers, as well as acts of violence against one member of the union

1. 1141. The Committee last examined this case at its meeting in November 2010, when it presented an interim report to the Governing Body [see 358th Report, paras 765–771]. At its meeting in June 2011, the Committee made an urgent appeal to the Government and drew its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body at its 184th Session in November 1971, it could present a report on the substance of the case at its next meeting, even if it had not received the information or observations of the Government in due time. The Government sent partial observations in a communication dated 30 August 2011.
2. 1142. 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. 1143. The Committee recalls that at its meeting in November 2010, when examining the allegations of anti-union dismissals and transfers, as well as acts of violence against one woman member during a peaceful demonstration, it made the following recommendations [see 358th Report, para. 771]:
   • (a) The Committee deeply regrets that the Government has not provided the information requested or adopted the measures requested, and requests the Government to actively cooperate in the procedure in the future.
   • (b) The Committee again urges the Government to take the necessary measures to initiate without delay an investigation into the alleged dismissals of the other two trade union officials, the transfer of SOECAPASA general secretary, Gustavo Acosta, and the mass transfer of workers following peaceful demonstrations held in order to inform the general public of the company’s situation. The Committee requests the Government to keep it informed of developments in this regard. It also requests the Government, in consultation with the social partners, to ensure effective national procedures for the prevention or sanctioning of anti-union discrimination.
   • (c) The Committee again urges the Government to keep it informed with regard to the investigation carried out following the complaint lodged with the national police concerning the assault against the worker, Juana Erenio Penayo.

B. The Government’s reply

1. 1144. In its communication of 30 August 2011, the Government states that, as regards the alleged violation of union rights within the Cañas Paraguayas SA enterprise (CAPASA), letters have been sent to the General Labour Directorate and to CAPASA, both of which have sent replies and provided the following information:
   • – CAPASA reiterates that the workers, Antolín Noguera and Erwin Almada, have been reinstated as employees of the company. Furthermore, it reports that organizational restructuring has been carried out and that, as of 9 June 2008, no new appointments have been made;
   • – the record of the proceedings Erwin Almada Casco v. the Cañas Paraguayas SA enterprise concerning reinstatement to work and the payment of salary arrears, drawn up on 5 August 2008 by the clerk of the court, Silvia Patiño, states that the enterprise’s human resources department would give effect to the judicial order to reinstate and pay salary arrears to Erwin Almada Casco;
   • – the record of the proceedings Antolín Noguera Zárate and Erwin Almada Casco v. the Cañas Paraguayas SA enterprise (CAPASA) concerning reinstatement to work and payment of salary arrears, as well as that of the proceedings Juan Carlos Miranda Martínez v. the Cañas Paraguayas SA enterprise (CAPASA) concerning reinstatement to work and payments owed, certify the agreements concluded by the parties and establish that a settlement had been reached in the respective proceedings. The enterprise undertook to reinstate the workers in keeping with an agreement approved by the judicial authorities.
   • The Government also refers to facts relating to a union called the Trade Union of Employees of Cañas Paraguayas SA (SEPCAPASA), and not to the complainant organization, Trade Union of Workers and Employees of Cañas Paraguayas SA (SOECAPASA)

C. The Committee’s conclusions

1. 1145. The Committee recalls that the allegations that had remained pending in this case concern the anti-union dismissal of four officials from the CAPASA, the transfer of SOECAPASA General Secretary, Gustavo Acosta, and the mass transfer of workers following peaceful demonstrations held in order to inform the general public of the company’s situation, as well as the assault against the worker Juana Erenio Penayo de Sanabria by one of the company’s managers (the complainant organization enclosed with its own complaint a copy of the complaint lodged with the national police).
2. 1146. As regards the alleged dismissal of four union officials, the Committee notes that the Government reiterates that Antolín Noguera and Erwin Almada Casco were reinstated to work and reports that, in the context of an agreement approved by the judicial authorities, the enterprise undertook to also reinstate Juan Carlos Miranda Martínez. The Committee takes note of this information and requests the Government to keep it informed of the employment status of the fourth SOECAPASA union official who, according to the complainants, was dismissed, although they have not provided the individual’s name.
3. 1147. As regards the other allegations that had remained pending, the Committee deplores the fact that the Government has not sent its observations in this regard and finds itself obliged to reiterate the recommendations it made when it examined this case at its meeting in November 2010 [see 358th Report, para. 771].

The Committee's recommendations

1. 1148. In the light of its foregoing interim conclusions, the Committee again invites the Governing Body to approve the following recommendations.
   • (a) The Committee requests the Government to keep it informed of the employment status of the fourth SOECAPASA union official who, according to the complainants, was dismissed.
   • (b) The Committee again urges the Government to take the necessary measures to initiate without delay an investigation into the alleged transfer of SOECAPASA General Secretary, Gustavo Acosta, and the mass transfer of workers following peaceful demonstrations held in order to inform the general public of the company’s situation. The Committee requests the Government to keep it informed of developments in this regard. It also requests the Government, in consultation with the social partners, to ensure effective national procedures for the prevention or sanctioning of anti-union discrimination.
   • (c) The Committee again urges the Government to keep it informed with regard to the investigation carried out following the complaint lodged with the national police concerning the assault against the worker, Juana Erenio Penayo.