Rapport intérimaire - Rapport No. 81, 1965

Cas no 385 (Brésil) - Date de la plainte: 03-AVR. -64 - Clos

1. 133. The complaint of the World Federation of Trade Unions is contained in two communications dated 3 April and 7 December 1964. The complaint of the Latin American Confederation of Christian Trade Unionists is contained in a communication dated 23 November 1964. The complaint of the International Federation of Christian Trade Unions is contained in a communication dated 27 November 1964. Copies of all these communications, which were addressed directly to the I.L.O, were transmitted to the Government as they were received. The Government furnished its observations in two communications dated respectively 16 November 1964 and 17 February 1965.
2. 134. Brazil has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), but has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
3. 135. The allegations made by the complainants fall under two main heads: persecution of trade union leaders and intervention by the Government in trade union activities.
4. 136. In its communication dated 17 February 1965 the Government declares in the first place that no violation of trade union rights took place on the occasion of the events referred to by the World Federation of Trade Unions. The Government states that " it was simply a question of measures being taken in order to maintain national safety. In fact, there was visibly in the country an acceleration of a subversive process the consequences of which were easy to foresee. Warned in time, the active forces in the country had to take necessary measures to defend the legal system. This was the significance of the movement of 31 March 1964, intended essentially to guarantee a democratic régime in Brazil."

A. A. The complainants' allegations

• Allegations relating to Control of Trade Union Organisations
  137. 137 With regard to these allegations the complainants contend that in the case of numerous organisations the leaders elected by the workers have been replaced by controllers appointed by the public authorities. According to the complainants the Minister of Labour and Social Welfare declared over the radio, on 19 July 1964, that four of the 11 existing Confederations, 43 of the 250 federations and 400 of the 4,200 trade unions in the country had been placed under control. In fact, state the complainants, control has been imposed on four of the six Confederations, 43 of the 100 workers' federations and 400 of the principal trade unions among the 2,000 which exist in the country. Thus, they continue, the trade union organisations of workers placed under control represent more than 70 per cent of all the organised workers in the country.
  138. 138 Further, it is alleged by the complainants, the controllers have taken advantage of the fact that many trade union leaders had been imprisoned, had taken refuge in embassies or were in hiding to install new trade union leaders who were not elected democratically by the workers but were imposed upon them by the public authorities.
  139. 139 In its observations the Government declares that, by reason of the detention of various trade union leaders and of irregularities observed in the management of certain trade unions, it was found necessary in the case of several of the said unions to appoint temporary administrators. However, the Government affirms, a return to a normal situation is being effected at considerable speed; in 1964, in fact, not less than 1,167 trade union elections took place. Further, governmental intervention has ended in the case of more than 100 trade unions. The Government adds that since the judicial authorities have not ceased to function normally any person or trade union with grievances could appeal to the competent courts.
  140. 140 The Committee has already had occasion to consider a similar situation when it examined a case relating to Argentina. The Committee drew the attention of the Government to the importance it attaches to the principle expressly laid down in Article 3 of Convention No. 87 that the public authorities shall refrain from any interference which would restrict the right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities.
  141. 141 In the present case the Committee recommends the Governing Body to draw the attention of the Government to the fact that the placing of trade union organisations under control entails a serious danger of restricting the right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities, to express the hope that the removal of all control over trade union organisations will take place in the near future and to request the Government to be good enough to keep it informed of progress made in this direction.
• Allegations relating to Measures Taken against Trade Union Leaders
  142. 142 The complainants allege, in general terms, that since " the realisation of the coup d'état by the army ", the Government has embarked upon a campaign of brutal repression of the Brazilian workers' and trade union movement. Hundreds of workers and trade union leaders are alleged to have been arrested or prosecuted and the premises of dozens of trade union organisations are stated to have been invaded by the police or by the army and to have been ransacked.
  143. 143 More specifically, W.F.T.U gives the names of several trade union leaders and militants alleged to have been imprisoned arbitrarily or to have been obliged to take refuge in embassies or to leave the country. Among these persons the complainants refer particularly to Mr. Clodsmith Riani, a deputy and President of the National Confederation of Industrial Workers and a substitute member of the Governing Body of the I.L.O. According to the complainants, this person and others whose names are given have also been removed from the offices to which they had been elected by the people and deprived of their political rights.
  144. 144 With regard more particularly to the case of Mr. Clodsmith Riani, the Government gives the following explanations in its communication dated 16 November 1964. Mr. Riani, together with other persons, is accused of violating sections 2 (3) and 40 of Law No. 1802 of 5 January 1963. Mr. Riani and the other accused have already been charged before the Permanent Council of Justice of the IVth Military Region. An application for their liberation was unanimously rejected. The preliminary proceedings are following their course, with the hearing of witnesses, after which judgment will be rendered. In the proceedings instituted before the XVth Criminal Court of Justice of the State of Guanabara, Mr. Riani is accused of having contravened article 168 of the Penal Code (penal action in respect of acts against national security). The Judge of the XVth Criminal Court is awaiting the appearance of Mr. Riani in the preliminary proceedings of the second trial when the preliminary proceedings of the first trial have ended.
  145. 145 The Government goes on to state that various persons having taken an active part in subversive acts have had to be detained. Others have fled or taken refuge in diplomatic missions. All the persons detained have been held pursuant to " measures taken against activities intended to bring about the destruction of the established legal system ". Once the new Government had taken office it was possible to ascertain that some of those arrested having plotted against the legal system were also guilty of misappropriation of public funds.
  146. 146 Among the persons thus arrested were a number of trade unionists. However, affirms the Government, none of the latter was prosecuted by reason of his trade union activities but only for subversive activities or misappropriation.
  147. 147 All the persons in question, says the Government, are being prosecuted in accordance with the legislation which was already in force before the change of government and will be judged by magistrates who already formed part of the judicial power before 31 March 1964. In conclusion, the Government indicates that no exceptional tribunals have been set up.
  148. 148 On many occasions in the past, where allegations that trade union leaders on workers had been arrested or detained on account of trade union activities have been met by governments with statements that the arrests or detentions were made for subversive activities, for reasons of internal security, or for common law crimes, the Committee has followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests or detentions, and the exact reasons therefor. If, in certain cases, the Committee has concluded that allegations relating to the arrest or detention of trade union militants did not call for further examination, this has been after it has received information from the governments showing sufficiently precisely and with sufficient detail that the arrests or detentions were in no way occasioned by trade union activities but solely by activities outside the trade union sphere which were either prejudicial to public order or of a political character.
  149. 149 Moreover, in the past the Committee has always followed the practice of not proceeding to examine matters which were the subject of pending national judicial proceedings offering all the guarantees of normal judicial procedure where such proceedings might make available information of assistance to the Committee in appreciating whether or not allegations were well founded. In many cases the Committee has requested governments to communicate the text of the judgments given and their grounds.
  150. 150 Finally, in cases in which trade unionists have been detained in respect of offences of a political character or common law crimes, the Committee has always emphasised the importance it attaches to the principle that the persons concerned should be tried at the earliest possible moment by an impartial and independent judicial authority I
  151. 151 The Committee, following the practice which it has followed hitherto in similar cases, recommends the Governing Body to emphasise to the Government the importance it attaches to the accused trade unionists being tried promptly, to request the Government to be good enough to furnish the text of the judgments given and of the reasons adduced therefor, and to decide in the meantime to adjourn the examination of this aspect of the case.

The Committee's recommendations

1. 152. In these circumstances the Committee recommends the Governing Body:
   • (a) with regard to the allegations relating to the control of trade union organisations and the statement of the Government that a return to a normal situation is in progress, to draw the attention of the Government to the fact that the placing of trade union organisations under control may, according to the circumstances, entail a serious danger of restricting the right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities, to express the hope that the removal of all control of trade union organisations will therefore take place in the near future and to request the Government to be good enough to keep it informed of progress made in this direction;
   • (b) with regard to the allegations relating to measures taken against trade union leaders, to emphasise to the Government the importance it attaches to the accused trade unionists being tried promptly, to request the Government to be good enough to furnish the text of the judgments given and of the reasons adduced therefor, and to decide in the meantime to adjourn its examination of this aspect of the case.