Rapport définitif - Rapport No. 62, 1962

Cas no 192 (Argentine) - Date de la plainte: 16-JANV.-59 - Clos

1. 45. The original complaint by the W.F.T.U was made in two communications dated 16 January and 26 February 1959 respectively, containing allegations concerning the railwaymen's strike in November 1958 and the breaking of that strike, and the strike at the state refrigeration plant in January 1959-which became general-and the manner in which it was put down.
2. 46. When the Committee examined the case at its 22nd Session (May 1959), it had before it a communication from the Government dated 8 April 1959 containing observations on the railwaymen's strike, and another communication dated 12 May 1959, which constituted a partial reply to the allegations concerning the strike at the refrigeration plant and in which the Government announced that it would forward its observations later.
3. 47. The Committee submitted its recommendations to the Governing Body on the allegations relating to the railwaymen's strike in November 1958 and its repression. These recommendations may be found in paragraph 116 (a), (b) and (c) of the Committee's 36th Report. The recommendations were approved by the Governing Body at its 142nd Session (May-June 1959). Hence no further reference will be made in this report to these allegations.
4. 48. The Committee adjourned its consideration of the allegations relating to the strike of workers in the refrigeration plant pending a full reply from the Government. In a letter of 24 November 1959 the W.F.T.U furnished further material in support of these allegations and presented new allegations regarding the arrest of trade union leaders and interference by the public authorities in the management of trade unions. At the same time the Permanent Liaison Committee of the United Workers' Movement of Argentina, in its letter dated 3 November 1959, lodged a further complaint on the same matters. In its communication of 22 June 1960 the Government added to the observations it had made in its letter of 12 May 1959 respecting the strike at the state refrigeration plant.
5. 49. The Committee dealt with the case at its 26th Session (November 1960) and submitted to the Governing Body its recommendations in respect of certain allegations which had remained pending, namely those relating to the strike of workers in the state refrigeration plant and those relating to the mobilisation of petroleum workers, railwaymen and transport workers made in the W.F.T.U's communication of 26 February 1959. These recommendations, which may be found in paragraph 189 (a) and (b) of the Committee's 49th Report, were approved by the Governing Body at its 147th Session (November 1960), so they will not be discussed further in this report.
6. 50. The case came before the Committee once more at its 28th Session (May 1961), when it submitted its final recommendations to the Governing Body in respect of other allegations which had remained in abeyance, namely those relating to the detention of trade union leaders and to interference by the public authorities in the management of trade unions. These recommendations, which may be found in paragraph 134 (a) and (b) of the Committee's 56th Report, were approved by the Governing Body at its 149th Session (June 1961), and this report will therefore not revert to them.
7. 51. In addition, in a letter dated 3 July 1959, the W.F.T.U made allegations respecting the strike of banking and insurance employees, ill-treatment of trade unionists in Magdalena Prison and the existence of concentration camps. The Committee had not concluded its examination of these allegations. At its 29th Session (November 1961), the Committee continued to examine these allegations and made the following recommendations in paragraph 457 of its 58th Report, which were approved by the Governing Body at its 150th Session (November 1961):
   • As regards the case as a whole, the Committee recommends the Governing Body:
     • (a) to draw the attention of the Government to the importance of providing some procedure which will ensure peaceful settlement of industrial disputes involving civil servants so that these workers, who are deprived of an essential means of defending their professional interests such as a strike, may have appropriate guarantees in the form of impartial and speedy conciliation and arbitration proceedings in which the parties concerned can take part at every stage;
     • (b) to request the Government to be good enough to forward its observations to the Governing Body on the various allegations made by the complainants to the effect that - the 1959 banking employees' strike was marked by the requisition of trade union premises, the arrest of trade union leaders and mass dismissals, and to state what is the present situation so far as these aspects of the matter are concerned;
     • (c) to take note of the present interim report with regard to the allegations referred to in subparagraph (b) above, and to the allegations relating to the ill-treatment of certain workers in prison and the existence of concentration camps, it being understood that the Committee will report further on these aspects of the case when it has received the additional information awaited from the Government.
   • 52. In a communication dated 27 April 1962 the Government supplies information regarding the two allegations that remained in abeyance, namely those relating to certain aspects of the strike of banking and insurance employees and those relating to ill-treatment of detainees in Magdalena Prison and the existence of concentration camps. The following paragraphs deal exclusively with these two groups of allegations.
8. 53. The Argentine Republic 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. A. The complainants' allegations

• Allegations relating to Certain Aspects of the Strike of Banking and Insurance Employees
  54. 54 In its communication of 3 July 1959 the W.F.T.U refers to the strike of banking and insurance employees of 14 April 1959 and alleges that the premises of the Banking Employees' Union were occupied by the police on 14 April and a score of its members arrested, and that on 22 May 1959 the Minister of Labour announced that all banking employees on strike were automatically dismissed, a measure which affected more than 40,000 persons.
  55. 55 In the various replies which the Committee had before it at its 26th Session (November 1960) and in the replies dated 24 February and 17 October 1961, the Government made no comment on the allegations referred to above. At its 29th Session (November 1961) the Committee therefore recommended the Governing Body in paragraph 457 (b) of its 58th Report to request the Government to forward its observations on the various allegations made by the complainants to the effect that the 1959 banking employees' strike was marked by the perquisition of trade union premises, the arrest of trade union leaders and mass dismissals, and to state the present situation with regard to those questions.
  56. 56 In its communication of 27 April 1962 the Government reports that the Police Co-ordination Division of the Ministry of the Interior has stated that, with regard to the alleged raids on trade union premises and arrests to which the complainants refer " in general terms and without giving any details or names ", no police action in respect of trade union activities has been noted, adding that it may be said that " no action has been taken on the basis of trade union activities or the discharge of functions inherent in trade union responsibilities, but only in the case of unlawful acts of violence or of acts punishable under the Criminal Code and performed within the framework of an unlawful strike " and that " all persons arrested in this connection were released immediately following the appropriate legal procedure ". With regard to dismissal of banking employees the Government states in its reply that this took place in accordance with existing legal provisions and not in any arbitrary manner or because of the trade union functions of those concerned.
  57. 57 The Committee observes, with regard to the raids on trade union premises to which the complainants referred, that the Government denies that these were carried out owing to trade union activities, but that they were ordered as a result of unlawful acts of violence punishable under the Criminal Code. As in a previous case, the Committee, while recognising that trade unions, in common with other associations or persons, cannot claim immunity against perquisition of their premises, stresses the importance of the principle that any such perquisition should take place only when the ordinary judicial authority has issued the appropriate warrant, in view of the probability that such premises contain evidence required for the investigation of a case arising through violation of the law, and provided that such perquisition is carried out within the terms laid down in the judicial warrant.
  58. 58 In this case, as in the case mentioned above, the Committee has no proof that this principle was not observed. Therefore, subject to the reservation expressed in the preceding paragraph, the Committee considers that it would not be appropriate to pursue examination of this particular aspect of the strike of banking and insurance employees.
  59. 59 Regarding the arrest of a score of trade union members and the dismissal of banking employees which the complainants allege, the Committee observes that the Government also denies that this action was based on trade union activities, adding that all the persons arrested in this connection were released immediately following the legal proceedings and that any dismissal of banking employees was carried out under the legal provisions governing this employment relationship. The Committee further observes that the complainants refer in somewhat vague terms to arrests and dismissals, without mentioning the name or the trade union function of any individual.
  60. 60 Taking into consideration, on the one hand, the above observations, and in view, on the other hand, of the considerable period of time which has elapsed since the arrests and dismissals were alleged to have taken place, the Committee considers that there would be no point in continuing examination of this aspect of the complaint.
  61. 61 The Committee therefore recommends the Governing Body to decide that, subject to the observations contained in paragraph 57 above, no useful purpose would be served by pursuing further the examination of these particular allegations.
• Allegations relating to Ill-Treatment of Detainees in Magdalena Prison and the Existence of Concentration Camps
  62. 62 In its communication of 3 July 1959, the W.F.T.U alleged that workers detained in Magdalena Prison had been compelled to work for the authorities without pay, although forced labour was expressly prohibited by the prison regulations; those who refused to work were punished and put in solitary confinement and deprived of recreation, visits and correspondence; the prison governor used detainees to lay paving for a private undertaking. The complainants also alleged that a large number of trade union leaders had been interned in concentration camps in Patagonia, such as those of Viedma and Esquel.
  63. 63 In its reply dated 24 February 1961, the Government states that as regards the allegation of ill-treatment of workers at Magdalena Prison, the Police Co-ordination Division of the Ministry of the Interior had stated that it had no knowledge of any such events having taken place, and that the Commission of Inquiry of the Chamber of Deputies had not noted anything of the kind either. Concerning the existence of concentration camps for workers in the southern part of the country, the Government stated that this allegation was entirely unfounded and that the Police Co-ordination Division of the Ministry of the Interior had no knowledge of the existence of such camps. The Government added that the only penal establishments in that area were for persons sentenced to exile by a competent criminal magistrate or, in exceptional cases, persons held in custody by the National Executive, in accordance with the provisions of section 23 of the Constitution when persons held under arrest have not made use of the right granted to them under that section to leave Argentine territory, in other words on the basis of legal procedure throughout. The Government concluded by stating that the Commission of inquiry into Illegal Orders of the Chamber of Deputies was at that time preparing a report " which would be forwarded to the Committee on Freedom of Association in due course ", dealing with the accusations relating to alleged concentration camps in the southern part of the country and ill-treatment in Magdalena Prison.
  64. 64 At its 28th Session (May 1961), the Committee noted the statement by the Government that the Commission of Inquiry into Illegal Orders of the Chamber of Deputies was preparing a report on the alleged concentration camps for workers in the south of the Republic and on ill-treatment in Magdalena Prison, which would be communicated to the Committee on Freedom of Association in due course and, feeling that the additional information promised by the Government would probably help in clarifying the facts, it decided to postpone examination of this aspect of the case until it was in possession of such information.
  65. 65 In a communication dated 17 October 1961 the Government stated that the report of the Commission had not yet been published, but declared once more that the alleged cases of ill-treatment had not been confirmed and that there had never been concentration camps in the Argentine Republic. The Government added that, with regard to concentration camps, the Criminal Code lays down specific and categorical standards when it specifies the types of sentences which may be applied against persons convicted of offences under that Code, and that the existence of such camps " is inconceivable within the juridical structure and traditions of our country ". In its reply the Government quoted in extenso section 18 of the National Constitution, providing that " the national prisons shall be healthy and clean and shall be designed for purposes of security and not in order to punish those detained therein, and any action carried out as a precautionary measure that imposes hardship beyond what is required shall render the authority ordering such action liable to sanction ". The Government added that the Commission of Inquiry into Illegal Orders had visited the penal establishments in the south (Viedma and Rawson), and had submitted to the President of the Republic a report on the situation of those detained there. The Government concluded its reply by stating that, although this report had not yet been published, it could already be concluded that no ill-treatment had been inflicted on prisoners and that the legislature had advised, for reasons of climate and family, that various measures be taken for maximum improvement of the situation of prisoners in the establishments concerned, suggesting that the persons sentenced by military tribunals should be transferred to Magdalena Prison and to provincial prisons; the President of the Republic had agreed to the Commission's requests, ordering the immediate transfer of prisoners from the Viedma and Rawson Prisons. Giving constant attention to the situation of prisoners detained in the penal establishments in the south of the country, the Government had decided, on the basis of an Act of Congress, to close down the national prison at Ushuaia, in Tierra del Fuego, owing to the unduly harsh climate.
  66. 66 At its 29th Session (November 1961), the Committee thanked the Government for the information it had supplied on this aspect of the complaint, but felt it would be advisable to have the fuller information referred to by the Government before submitting its recommendations to the Governing Body on this aspect of the case, and, in the hope of receiving the additional information concerned, it postponed further examination of this allegation.
  67. 67 In its communication of 27 April 1962 the Government states that the report of the Committee of Inquiry into Illegal Orders of the Chamber of Deputies has not been published and that the Commission completed its functions through its audience with the President of the Republic, to whom it reported on all the work performed.
  68. 68 The Committee, which hoped to obtain fuller information from the Commission of Inquiry into Illegal Orders of the Chamber of Deputies in order to judge this aspect of the case more fully, regrets that this report has not been published and that the Government cannot therefore send it as it had stated in its communication of 24 February 1961.
  69. 69 The Committee observes that, whereas the complainants allege that prisoners in Magdalena Prison were ill-treated and that concentration camps exist, the Government has repeatedly denied the existence of any concentration camps in Argentina, stating that there are only penal establishments that conform to the standards laid down by the Criminal Code, and that conditions there observe the guarantees contained in the Constitution, and further that the report by the Commission of Inquiry into Illegal Orders of the Chamber of Deputies does not give any indication that prisoners have been ill-treated.
  70. 70 The Committee further observes that, whereas on the one hand the complainants state these allegations in somewhat vague terms and have failed to produce evidence bearing out their accusations, on the other hand it was considered necessary for a Commission of Inquiry of the Chamber of Deputies to inspect the penal establishments in the southern part of Argentina and to report to the President on the situation of those detained there.
  71. 71 In these circumstances the Committee believes it should be recalled that on various occasions it has expressed the general opinion that every government should ensure observance of human rights. In a case concerning Spain the Committee recommended to the Governing Body, inter alia: " with respect to the allegations relating to the ill-treatment of and other punitive measures against workers who took part in the strikes of 1958, and with respect also to the legal procedure referred to by the Government in its observations, to draw attention once again to the importance that it has always attached to the right of trade unionists, like all other persons, to enjoy the guarantees afforded by due process of law in accordance with the principles enunciated in the Universal Declaration of Human Rights." The Committee believes that the importance of the basic principles stated in the Universal Declaration of Human Rights should again be stated in this case, since any violation of those principles may seriously imperil the free exercise of trade union rights.
  72. 72 Bearing in mind the above observations as well as the considerable period of time which has elapsed since the events in question are alleged to have occurred, the Committee considers that there is no point in continuing examination of this particular allegation.
  73. 73 The Committee therefore recommends the Governing Body to decide that, subject to the observations contained in paragraph 71, no useful purpose would be served by continuing examination of these particular allegations.

The Committee's recommendations

1. 74. In all the circumstances the Committee recommends the Governing Body:
   • (a) to decide, with regard to the allegations relating to the strike of banking and insurance employees, that subject to the observations contained in paragraph 57 above, no useful purpose would be served by pursuing further the examination of these particular allegations;
   • (b) to decide, with regard to the allegations relating to ill-treatment of detainees in Magdalena Prison and the existence of concentration camps, that, subject to the observations contained in paragraph 71 above, no useful purpose would be served by pursuing further the examination of these particular allegations.