Informe provisional - Informe núm. 179, Junio 1978

COMPLAINT CONCERNING THE OBSERVANCE BY URUGUAY OF 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), PRESENTED BY A NUMBER OF DELEGATES TO THE 61st SESSION OF THE INTERNATIONAL LABOUR CONFERENCE (1976) UNDER ARTICLE 26 OF THE CONSTITUTION OF THE ILO

• COMPLAINT CONCERNING THE OBSERVANCE BY URUGUAY OF 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), PRESENTED BY A NUMBER OF DELEGATES TO THE 61st SESSION OF THE INTERNATIONAL LABOUR CONFERENCE (1976) UNDER ARTICLE 26 OF THE CONSTITUTION OF THE ILO
  5. 5 The Committee has already examined this case on several occasions, the most recent being in November 1977, when it presented the interim conclusions contained in its 174th Report, which was devoted entirely to outstanding complaints concerning Uruguay. The Governing Body approved this report at its 204th Session (November 1977).
  6. 6 In addition to the allegations submitted to the Committee by several trade union organisations, three delegates to the 61st Session (June 1976) of the International Labour Conference submitted a complaint under article 26 of the ILO Constitution, to the effect that the Government of Uruguay was not securing the effective observance of the Freedom of Association and the Protection of the Right to organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). These instruments have been ratified by Uruguay.
  7. 7 The Government submitted information in communications dated 16 December 1977, 30 January 1978, 16 and 21 February 1978.
  8. 8 The allegations relating to this case referred mainly to restrictions on the exercise of trade union rights, the dissolution of trade union organisations, the detention of trade union leaders and militants, the ill treatment of detained trade unionists and the occupation of trade union premises by the forces of law and order. It should also be recalled that two direct contacts missions were carried out in Uruguay in June-July 1975 and April 1977 by a representative of the Director-General.

A. Last examination of this case by the Committee

1. 9. At its session in November 1977, the Committee had noted that the Government had referred once again to the subversive activities with which it had had to cope as an explanation for the exceptional measures taken, and had added that the process of normalisation of trade union activity had to be analysed within the wider concept of political and institutional normalisation within the country. The Committee wished to emphasise in this connection that although respect for freedom of association is closely bound up, as was stated by the International Labour Conference in 1970,1 with respect for civil liberties in general, it is nevertheless important, with this reservation, to distinguish between the recognition of freedom of association and questions relating to a country's political evolution. The Committee had added that there should be no confusion between trade unions' performance of their specific functions, i.e. the defence and promotion of the occupational interests of workers, and the possible pursuit by certain of their members of other activities having nothing to do with trade union functions. The penal responsibility which such persons may incur by such acts should in no way result in measures amounting to depriving the unions themselves or their leaders of their means of action.
2. 10. The Committee had regretted that despite the time which had elapsed the trade union organisations were still encountering serious difficulties. In particular, the trade union legislation announced on several occasions still had not been adopted. The Government had pointed out, however, in a communication dated November 1977 that the trade union question would be examined by it at the highest level as from 29 November 1977. The Committee had taken note of this statement. It had recalled that, in November 1975 already, the Governing Body had called the Government's attention, on the recommendation of the Committee, to the importance which it attached to the rapid adoption and application of trade union legislation in keeping with the provisions of Convention No. 87, which has been ratified by Uruguay, taking into account in particular the comments made by the Committee itself in a previous cases and by the Committee of Experts on the Application of Conventions and Recommendations.
3. 11. The Committee had considered that the continuing existence of serious divergences between the Conventions on freedom of association on the one hand and legislation and national practice on the other was a matter for great concern. It considered it urgent that the Government permit a return to normal trade union activity and remove the related legal and factual restrictions. The adoption and implementation of new trade union legislation would undoubtedly constitute a decisive step in this direction.
4. 12. The Committee had noted the information provided by the Government regarding the detention of certain trade unionists. With particular reference to the persons whom the Director-General's representative was able to see and whose files he was able to examine during his last visit to Uruguay, no judgement had been rendered since that mission, although many of the persons in question had been imprisoned for many months, if not years. The Committee had recalled that the Director-General's representative had already noted, during his first visit to Uruguay, that initial inquiries and investigations were slow moving. The Committee could only express its concern in view of the continuing existence of such a situation. It had considered that although the fact of exercising trade union activity or holding trade union office does not give immunity from the application of normal penal law, the prolonged detention of trade unionists without them being promptly tried can constitute a serious handicap to the exercise of trade union rights.
5. 13. In view of all these circumstances, the Committee had recommended the Governing Body, inter alia:
   • (a) to regret that despite the time which had elapsed, the trade union organisations were still encountering serious difficulties and that the new trade union legislation announced on several occasions had still not been enacted;
   • (b) to note, however, with interest the Government's statement contained in a recent communication that the trade union question would soon be examined by the Government at the highest level;
   • (c) to urge the Government to permit a rapid return to normal trade union life and adopt for this purpose legislation respecting the Conventions on freedom of association ratified by Uruguay;
   • (d) regarding the detention of trade unionists:
   • (i) to note the information communicated by the Government, but state its concern at the slowness of court procedure and the fact that no judgement had been pronounced since the last visit of the Director-General's representative, regarding, in particular, persons who had not yet been brought to trial, whom the Director-General's representative had been able to see or whose files he had been able to examine during his second mission in Uruguay;
   • (ii) to call the Government's attention to the considerations set out regarding the detention of trade unionists and to request it to transmit the texts of the judgements and the grounds adduced therefor in respect of the trade unionists mentioned in subparagraph (i) who had not yet been brought to trial;
   • (iii) regarding the persons mentioned in the Annex, in respect of whom the Government had asked for further information, to request the latter to continue its search for information on their situation and to invite the complainants to supply any additional information which they might possess in this connection;
   • (iv) regarding the persons mentioned in the Annex, in respect of whom the Government had not yet transmitted information, to request it to communicate this information as soon as possible;
   • (e) to request the Government to submit by 1 February 1978 at the latest information on the evolution of the trade union situation, including the new legislation, and on the persons referred to in subparagraph (d).

B. Latest developments

1. 14. In its communication dated 16 December 1977, the Government states that at its meeting at the highest level it decided "to legislate in the near future, in the light of the experience acquired through the working of the joint Committees, on the status and functioning of occupational associations, defining their scope and precluding any politicisation". The necessary steps have been taken to enable the study of such legislation to be started.
2. 15. In its communication dated 30 January 1978 the Government provides information about the following persons mentioned by the Committee in its last report: Santana Coronel, Dario, released on 4 July 1977; Toledo Perlas, Pedro Hector, brought to trial on 16 February 1976 under article 60(5) of the Military Penal Code before the military judge of the first instance (first chamber); Bentaberry Benitez, Eugenio, released in October 1976; prosecuted again on 1 February 1977 under article 60(5) of the Military Penal Code; Cuesta Villa, Gerardo, brought to trial under article 60(5) and (12) in connection with article 60(1), subparagraph 6, of the Military Penal Code before the military magistrate (fourth chamber); Marotta Rienzi, Antonio, brought to trial on 10 August 1976 under article 60(5) of the Military Penal Code before the military magistrate (fourth chamber). The Government requests additional information concerning Soria, Carlos and Villalba. Finally, the Government states that, due to the fact that the courts were not in session during the annual January holiday, it was unable to request more information. Further details will be communicated as soon as possible.
3. 16. In a communication dated 16 February 1976 the Government supplied a long list of detained persons who were released provisionally or unconditionally in 1977. A certain number of persons provisionally released are trade unionists mentioned in several of the complaints.
4. 17. The Government also indicates in its communication of 16 February 1978 that the Minister of Labour has been entrusted with the setting up of a Committee to draft a Bill concerning trade union organisations. The first responsibility of this Committee will be to draw up guidelines for this Bill, the draft of which will be transmitted to the ILO as well as to the representative organisations of workers and employers. The Government insists that it decided to legislate in the near future and that this task will accompany the institutional restructuring which the Government is determined to carry out. In this connection it was decided in August 1977 that national elections will take place in November 1981, and that measures for this purpose will be taken as from 1980. It was also decided to accentuate government efforts to consolidate and accelerate the development of the economic and social sectors.

C. Committee's conclusions

1. 18. The Committee takes note, first of all, of the decision taken by the Government at its highest level to legislate on the status and the functioning of occupational associations. A Committee has been appointed to draft the appropriate legislation. The Government insists that it has decided to legislate in the near future and transmit the draft trade union law to the ILO. It appears, however, that the outcome of this task will depend on developments concerning the institutional restructuring of the country.
2. 19. The Committee also notes all the information supplied by the Government regarding the detention of trade unionists. This latest information shows that a certain number of trade unionists have been provisionally released, that one has been released unconditionally and that court proceedings have been instituted against others. The Committee is obliged, however, to observe that the Government has not supplied information on the majority of the trade unionists mentioned in the previous report. In particular, no judgements have been pronounced in respect of the persons against whom proceedings have been instituted before the military tribunals. Finally, the Committee notes that the complainants have not forwarded additional information regarding some of the trade unionists mentioned in the complaints as requested by the Committee.

Z. ANNEX

• Trade unionists mentioned in the annex to the Committee's report at its session in November 1977
• I. Trade unionists in respect of whom new information has been supplied by the Government since November 1977
  1. 1 Released:
• Santana Coronel, Dario.
  2. 2 Court action is under way before the military tribunals for one or several of the following offences: subversive association, assistance to such an association or its members, violation of the Constitution, conspiracy:
• Bentaberry Benitez, Eugenio
• Cuesta Villa, Gerardo
• Marotta Rienzi, Antonio
• Toledo Perlas, Pedro Hector
• Garcia, Julio
• Rubio Bruno, Enrique Vicente
• Rodriguez, Oscar
• II. Trade unionists in respect of whom no new information has been supplied
  1. 1 Released with certain restrictions:
• Cayotta Zappettini, Victor Eugenio (provisional release)
• Genovese Cortazar, Omar Isaac (provisional release)
• Giacoia Sosa, Jorge Raúl (conditional release)
• Guidotti Luscher, Luis (provisional release)
• Santos Suarez, Julio César (conditional release)
• Viña, Beltram Pablo Camilo (provisional release)
  2. 2 Interned:
• Prada Rousse, Imer.
  3. 3 Court action is under way before the military tribunals for one of several of the following offences: subversive association, assistance to such an association or its members, violation of the Constitution, offence against the honour of the armed forces:
• Acosta Baladón, Ricardo Mario
• Albacete Pintos, Daniel
• Aldrovandi Castillo, Servando Pedro
• Alvariza Sanchez, Roque
• Barrios Ramos, Raúl Nestor
• Beltramio Diaz, Eduardo Mario
• Coitiño Cebey, Carlos Dioniso
• Fassano Martens, Carlos Ignacio
• Gershuni Pérez, Jaime
• Iglesias, Juan Antonio
• Iguini Ferreira, Luis Alberto
• Lanza Perdomo, Alcides Martins
• Ormaechea de Leon, Juan José
• Pérez Baccino, Didasko
• Quinteros Bron, Julio César
• Raymondo Piaggio, Marcos Lider
• Rezzano, Raúl
• Rezzano, Alicia
• Rodriguez de Silva, Hector Pio
• Toledo, Juan Angel
• Turiansky, Vladimir Ilitch.
  4. 4 An arrest warrant has been issued for:
• Betharte Martinez, Raúl.
  5. 5 The following do not appear in the records of detainees (the Government has asked for further information regarding them):
• Alonso, Heber ( UTE trade union leader)
• Balbiani, Ramón (urban transport union leader)
• Camaño, Julio (UTE trade union leader)
• Castro, Rosario (glassworkers' union leader)
• Cazani, Hebert (trade union leader)
• Contreras, Eduardo (doctors' union leader)
• Courriel Curiel, Alberto (accountants' union leader)
• López, Celestino (glassworkers' delegate)
• Quintana, José (UTE union leader)
• III. Other Persons regarding whom the Government has asked for further information
• N de Cabrera, Luisa (press union leader)
• Campodónico, J.C. (municipal workers' union leader)
• Duarte, Tito (teachers' union leader)
• Iturriaga, L. (bank workers' union leader)
• Machado, A. (doctors' union leader)
• Martinez (railway workers' union leader)
• Soria, Carlos (glassworkers' union leader)
• Villalba (sea transport workers' union leader).
• IV. Trade unionists regarding whom the Government has not yet supplied information
• Zorrón, Rogelio (UTE trade union leader).