Rapport intérimaire - Rapport No. 110, 1969

1. 159. This case was previously examined by the Committee at its session in November 1968, when it presented to the Governing Body an interim report contained in paragraphs 305 to 330 of its 108th Report. The Committee's 108th Report was approved by the Governing Body at its 173rd Session (November 1968).
2. 160. The case involved the following three sets of allegations: those concerning the arrest of leaders of the Chemical and Pharmaceutical Industries Workers' Trade Union, Santo André; those concerning the military occupation of the premises of the Osasco Metalworkers' Union; and those concerning the military occupation of the premises of the Union of Petroleum Workers of Bahia and the arrest of officials of that union.
3. 161. As the Committee has formulated its definitive conclusions on the first series of allegations, this aspect is not dealt with in the following paragraphs.
4. 162. Brazil has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Military Occupation of the Premises of the Osasco Metalworkers Union
  163. 163 In a communication dated 19 July 1968 addressed to the ILO by the Federation of Workers in Chemical and Pharmaceutical Industries of the State of Sao Paulo in conjunction with other Brazilian trade union organisations, it was alleged that the premises of the Osasco Metalworkers' Union had been occupied by military forces. Considering the democratic principle of freedom of association to be an essential guarantee for the protection of workers and the improvement of their standard of living, the complainants called upon the ILO to intercede with the Brazilian Government to put a stop to such " arbitrary action ".
  164. 164 After noting at its session in November 1968 that the Government had not made any observations on this aspect of the case in its communication to the ILO, the Committee recommended the Governing Body to request the Government to be good enough to furnish its observations thereon.
  165. 165 The Government forwarded its observations on this aspect of the case in a communication dated 22 November 1968.
  166. 166 In its communication the Government begins by stating that in Brazil the right to strike is governed by Act No. 4330 dated 1 June 1964, which subjects it to certain formalities and stipulates that it may not be exercised in such a way as to conflict with the general interests of the nation.
  167. 167 According to the Government, the events at Osasco involved a breach of all the principles and statutory standards applicable to strikers. The Government declares that what happened was not so much a strike as a breach of law and order involving attacks on private property and such actions as the forcible occupation of the undertaking and the locking up of workers, members of the management, women and young persons employed there. These actions, according to the Government, were carried out by certain persons only and not by the workers as a whole. It adds, however, that the Osasco Metalworkers' Union took part in the disturbances and in the acts of violence which occurred.
  168. 168 Since these acts were offences under Brazilian law, the authorities decided, in accordance with section 528 of the Labour Code, to intervene. When they encountered resistance, they occupied the union's premises, where they discovered a number of persons who had no connection with the working class and were " engaged in subversive activities ".
  169. 169 The Government goes on to state that some of the signatories of the complaint had appealed to the Minister of Labour and Social Welfare for the lifting of the Government's restrictions on the union on the ground that the latter had not in fact been guilty of violence or subversion.
  170. 170 The Minister, according to the Government, gave an undertaking, in the interests of justice, to accede to this request as soon as it could be proved that the union had not taken part in the disturbances and had not been guilty of subversion. The Government indicates that a committee of inquiry was set up, by common agreement, to establish the facts. This committee drew up a lengthy report, according to which the union and its leaders had in fact taken part in the events in question.
  171. 171 From the information available to the Committee it appears that, during the strike movement at Osasco, acts of violence were committed which led the authorities to occupy the premises of the Osasco Metalworkers' Union. Following assertions of innocence by some of the union's leaders, a committee of inquiry was apparently set up with the consent of the complainants, who therefore appear to have implicitly accepted arbitration by the committee in advance. The committee's conclusions, according to the information supplied by the Government, indicate that it was established that the union and its leaders participated in a movement which, by degenerating, went outside the framework of the law.
  172. 172 Although the Government does not say so in its observations, it can apparently be concluded from the foregoing that the union has been kept under government control. Recalling the importance that should be attached to the principle that workers' and employers' organisations shall have the right to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes and that the public authorities shall refrain from any interference which would restrict this right or impede its lawful exercise, the Committee thinks it advisable to recommend the Governing Body to request the Government to be good enough to state what, in general terms, is the present position of the Osasco Metalworkers' Union and whether new elections have been held in the union.
• Allegations relating to the Military Occupation of the Premises of the Union of Petroleum Workers of Bahia and the Arrest of Officials of That Union
  173. 173 In a communication dated 22 July 1968 the Union of Petroleum Workers of Bahia alleged that its leaders had been imprisoned and the premises of the union invaded by military forces " to protect the state petroleum company, Petrobras ".
  174. 174 At its session in November 1968 the Committee noted that the Government had not forwarded any observations on this aspect o€ the case and it therefore recommended the Governing Body to request the Government to be good enough to furnish them.
  175. 175 This recommendation was approved by the Governing Body and a request to this effect was made to the Government in a letter dated 21 November 1968.

B. B. The Committee's conclusions

1. 176. As the Government has not yet supplied its observations on the allegations in question, the Committee once more recommends the Governing Body to request the Government to be good enough to furnish the information in question.