Report in which the committee requests to be kept informed of development - Report No 356, March 2010

Case No 2693 (Paraguay) - Complaint date: 10-JAN-09 - Closed

Allegations: The complainant organization alleges physical assault against a female union official

1. 1037. The complaint is set out in a communication from the Trade Union Confederation of State Employees of Paraguay (CESITEP) dated 10 January 2009.
2. 1038. The Government sent its observations in a communication of 19 June 2009.
3. 1039. 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. The complainant’s allegations

1. 1040. In its communication of 10 January 2009, the CESITEP alleges that a group of individuals broke into the regional hospital of Encarnación, in the Department of Itapúa and physically assaulted hospital officials and medical and paramedical staff working there at the time. The violence resulted in injury to one of the women employees, nurse Marcia Rivas, 60 years of age, who was dragged by the hair and beaten by a fully identified heavily built individual claiming to represent the local Liberal Party, and was then left lying injured on the floor. During the assault, she also was robbed of her mobile phone and personal papers. The injured woman is a union representative of CESITEP in the health district in question and the Chairperson of the Council in the Department of Itapúa. The assault therefore has connotations of anti-union persecution against the general background of the escalation of action by the Government against the Independent Trade Union Movement, which began with the brutal assault by security forces against peaceful demonstrators in front of the National Congress on 24 November 2008, as a result of which many people suffered injuries, including fractures in both legs sustained by Ms Zulma Rojas, union official and Vice-President of the Union of Nurses and Health-Care Staff of the Clinical Hospital (SDEHC).
2. 1041. The CESITEP adds that the assault against the workers and trade union officials is an open attack on fundamental human rights, including freedom of association and on the freedom to exercise activities that enable citizens to develop their creativity or, in this case, the freedom to provide humanitarian assistance at locations as sensitive and essential to the country as the public assistance and health centres.

B. The Government’s reply

1. 1042. In its communication of 19 June 2009, the Government states that it sent notes to the authorities mentioned in the communication presented by the CESITEP, which refer to the situations of Ms Marcia Rivas and Ms Zulma Rojas. In this regard, the Government states that, according to the report of the Collective Relations and Union Registration Section under the office of the Deputy Minister for Labour and Social Security: (a) Ms Zulma Rojas occupies the post of Vice-President of the SDEHC, registration No. 563, dated 4 August 2008; and (b) Ms Marcia Rivas is a regular member of the electoral tribunal of CESITEP under the terms of Resolution No. 467 of 4 May 2005. She is also a member of the Decentralized Council of Delegates of the Workers’ Union of the Ministry of Health and Social Welfare (SITRAMIS) for the Department of Itapúa (Seventh Health District – Encarnación Regional Hospital), under the terms of Resolution No. 465 of 7 July 2008.
2. 1043. The reports of the National Police Command make it clear that: (a) national police report No. 75 notes that on 25 November 2008, at the metropolitan police precinct No. 5, no complaint made in connection with the alleged theft of a mobile phone has been recorded. As regards allegations of police repression, the report states that the demonstrators, comprising mainly employees of the Association of Union Employees of ANDE, attempted to force their way into the National Congress via 14 May Street. Finding that they were unable to do so, they threw stones at police officers posted in the area, hitting one of them (junior police officer Fabio Vargas Gallardo) in the face, while another junior police officer, Fredy Abel Benítez, was cut in the right leg as a result of firecracker detonations. The demonstrators were contained by warning shots of rubber bullets fired by anti-riot police. On that occasion, several boxes of firecrackers as well as knives and blunt weapons were confiscated. Some of the demonstrators suffered minor injuries and were taken to an emergencies centre; (b) according to national police report No. 85, the assault against Ms Marcia Rivas was perpetrated by a mob of demonstrators, not by the police. According to the police headquarters of the Department of Itapúa, Ms Marcia Rivas was assaulted in a corridor of the regional hospital at the hands of a mob of individuals led by Mr Dionisio Ibáñez, who repeatedly kicked her. She was kept in hospital for 24 hours and lodged a complaint at the police precinct No. 4 which is subordinate to Itapúa police headquarters.
3. 1044. According to the report of the Clinical Hospital, Ms Zulma Rojas sustained a unimaleolar fracture of the right fibula and a grade II sprain in the left ankle. She was treated by the emergency service at the abovementioned hospital and is still undergoing treatment there.
4. 1045. In conclusion, the Government states that according to the reports received from the competent authorities, Ms Marcia Rivas did indeed sustain injuries but as a result of action by other demonstrators, not because of the police. The Government notes that a demonstration was held in front of the National Congress, on the date referred to above, and the police acted to bar the demonstrators from entering Congress for reasons connected with the need to ensure the security of the Legislature.

C. C. The Committee's conclusions

• The Committee’s conclusions
  1046. 1046 The Committee notes that in this case, the complainant organization alleges that in a general context of anti-union persecution, the police attacked demonstrators in front of the National Congress on 24 November 2008, causing many casualties, including fractures in both legs suffered by the Vice-President of the SDEHC, Ms Zulma Rojas, as well as the physical assault by a group of individuals in the Regional Hospital of Encarnación against Ms Marcia Rivas, Chairperson of the Council of the Department of Itapúa and union representative in the Itapúa health district, during the course of which she sustained injuries and was robbed of her mobile phone and personal papers.
  1047. 1047 As regards the alleged assault against peaceful demonstrators in front of the National Congress on 24 November 2008, which resulted in many casualties including fractures in both legs suffered by Ms Zulma Rojas, Vice-President of the SDEHC, the Committee notes that according to the Government: (1) the national police reported that demonstrators from the Association of Union Employees of ANDE attempted to enter the National Congress and, when unable to do so, threw stones at police officers posted in that area, injuring two of them; (2) on that occasion a number of boxes of firecrackers were confiscated, as well as knives and blunt weapons; and (3) a number of demonstrators were left with minor injuries and taken to the emergencies centre. The Committee further notes that according to the Government, Ms Zulma Rojas sustained a fracture in the right fibula and sprained her left ankle and was treated in the Clinical Hospital. While deploring the climate of violence, the Committee recalls that the exercise of the right to demonstrate must not include resorting to acts of violence against property or persons, and that the police should not go beyond their mandate of maintaining order, preferably using methods of crowd dispersal that do not cause injuries to demonstrators. The Committee also recalls that it has emphasized on numerous occasions that in cases in which the dispersal of public meetings by the police has involved serious injury, the Committee has attached special importance to the circumstances being fully investigated immediately through an independent inquiry and to a regular legal procedure being followed to determine the justification for the action taken by the police and to determine responsibilities. Under these circumstances, the Committee urges the Government to take the necessary measures to conduct without delay an investigation into these allegations for the purpose of determining responsibilities. The Committee requests the Government to keep it informed of the final outcome of this investigation.
  1048. 1048 As regards the physical assault allegedly suffered by Ms Marcia Rivas, Chairperson of the Council of the Department of Itapúa and union representative in the Itapúa health district, at the hands of a group of individuals when they entered the Regional Hospital of Encarnación, as a result of which she suffered injuries and was robbed of a mobile phone and personal papers, the Committee notes that according to the Government, the national police has stated that the assault was perpetrated by a mob of demonstrators, not by the police, and that no complaint had been lodged in connection with the alleged theft of the mobile phone. The Committee notes that the Government also transmits information from the Department of Itapúa police headquarters according to which: (1) Ms Marcia Rivas was the victim of the physical assault in question, and the mob responsible for it was led by Mr Dionisio Ibáñez, who kicked her repeatedly; and (2) she was kept in hospital for 24 hours and lodged a complaint at the police precinct No. 4 which comes under the Department of Itapúa police headquarters. In this regard the Committee requests the Government to keep it informed of the outcome of the complaint lodged by the union official Ms Marcia Rivas and in particular whether the individual identified as the author of the physical assaults has been tried and punished.

The Committee's recommendations

1. 1049. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the alleged assault against demonstrators in front of the National Congress on 24 November 2008, resulting in numerous injuries and, in particular, the fracture in both legs sustained by Ms Zulma Rojas, VicePresident of the SDEHC, the Committee urges the Government to take the measures needed to conduct without delay an investigation into these allegations with the aim of determining responsibilities. The Committee requests the Government to keep it informed of the final outcome of this investigation.
   • (b) As regards the alleged physical assault suffered by Ms Marcia Rivas, President of the Council in the Department of Itapúa and union representative in the Itapúa health district, at the hands of a group of individuals as they forced their way into the Regional Hospital of Encarnación, during the course of which she suffered injuries and was robbed of a mobile phone and personal papers, the Committee requests the Government to keep it informed of the outcome of the complaint lodged by the union official Ms Marcia Rivas with the police and, in particular, whether the individual identified as the author of the assaults has been tried and punished.