Rapport intérimaire - Rapport No. 218, Novembre 1982

1. 573. The Committee last examined this case at its meeting in May 1982 when it submitted an interim report to the Governing Body.
2. 574. In response to the Committee's requests for further information in connection with several aspects of the case the Government communicated further information in a letter dated 20 October 1982.
3. 575. Romania 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. Previous examination of the case by the Committee

1. 576. At its meeting in may the Committee noted that it was called upon to examine allegations concerning particularly serious acts of repression by the Romanian authorities against the founders and other members of a trade union organisation known as the "Free Trade Union of Romanian Workers" following its establishment in February 1979. According to the complainant organisation the "Free Trade Union of Romanian Workers" was created to deal solely with labour and social problems and its establishment was not in any way motivated by political reasons. The complainant organisation contended that the establishment of this organisation and the issue of its constituent statement, which was accompanied by a list of its 20 founder members, was almost immediately followed by a wave of repression against it and its members including the arrest, internment in psychiatric hospitals, exile, beatings and summary sentencing of founder and other members of the organisation.
2. 577. The complaints also contained allegations concerning the situation in the mines of the Jiu valley area where in August 1977 a strike had taken place and again, according to the complainants, resulted in repressive measures being taken against the miners including the transfer or demotion of some 3,000 workers. The complainants had supplied the names of Mr. Yon Dabra and Mr. G. Yurca, two workers who were said to have led the strike and who were alleged to have been killed thereafter.
3. 578. The Committee had noted that in its replies to all of these allegations, the Government had confined itself to describing in some detail the constitutional and other provisions in the legislation of Romania which regulate the existence of trade unions and which define the scope of their activities. The Government, however, except for affirming in general terms that the allegations made by the complainant were unfounded, did not provide any detailed information to refute the specific allegations made by the complainant.
4. 579. The Committee pointed out that when a complaint contains precise allegations, the reply of the government concerned should not be limited to observations of a general nature. It recalled that the purpose of the procedure is to promote respect for trade union rights in law and in fact and stated that it was confident that, if the procedure protects governments against unreasonable accusations, governments or their side should recognise the importance of formulating for objective examination detailed replies to such charges as may be put forward.
5. 580. The Committee pointed out that the allegations in the present case, relating as they do particularly to the fundamental right of workers to establish and join organisations of their own choosing without any interference by the public authorities, brought into question the application by Romania of the Freedom of the Association and Protection of the Right to Organise Convention, 1948 (No. 87) which Romania has ratified. The Committee also pointed out that the other allegations concerning the repressive measures taken against the members of the Free Trade Union of Romanian Workers also brought into question the respect for those basic human rights which in the opinion of the Committee are essential for the free exercise of trade union rights.
6. 581. For these reasons, and in order to be able to examine the allegations made in full knowledge of the facts, the Committee requested the Government to provide as full and precise information as possible concerning:
7. (1) the repressive measures including the arrest, exile, internment in psychiatric hospitals and summary sentencing and imprisonment that are alleged to have been taken against the founders and other members of the Free Trade Union of Romanian workers following its establishment in February 1979;
8. (2) the alleged disappearance or detention of the following persons: Vasile Paraschiv, Virgil Chender and other trade unionists of the town of Sighisoara, Melania Mateescu, Constantin Acrinei, Yonel Cana and Gheorghe Brasoveanu; and
9. (3) the circumstances surrounding the strike in 1977 at the Jiu valley colliery and the alleged repressive measures that were taken against the strikers; and in particular concerning the alleged death of Yon Dabra and G. Yurca.

B. The Government's reply

1. 582. In its communication dated 20 October 1982 the Government states that, from a legal point of view, the allegations made by the complainant organisation are completely without foundation. The Government states that the provisions of Romanian legislation as well as the practice over the last years assure in fact the right of association for trade unions in accordance with the relevant international labour Conventions. The free exercise of the right of association of workers in trade unions in Romania is guaranteed by the constitution and is regulated by various laws, in particular Law No. 52/1945 concerning occupational trade unions and the Labour Code. The Government again cites the various provisions of the Constitution and of Law No. 52/1945 which regulates the right of association in Romania, stating that this legislation is adequate to ensure a framework for the direct participation of trade unions - in their capacity as an integral part of the system of workers' self-management - in the elaboration and the practical application of the economic and social policy of the country, in its economic and financial management and in the application of all measures concerning the conditions of work and life of workers of every category.
2. 583. As regards the factual situation, the Government points out that, having carried out the necessary investigations, the following conclusions have been reached:
3. (a) 15 of the 20 alleged founder members of the trade union are fictitious persons and have not been able to be identified. These are Ilie Blidaru, Costel Haritoian, Endra Molnar, Romulus Bondea, Nicolae Mutu, Aurelian Paunescu, Vasilie Otel, Aurel Mustachide, Nicolae Balamat, Elena Pesmagiu, Victoria Ivanovici, Frosa Pesteanu, Petre Popa, Mihai Gheorghiu, Pomica Badiu;
   • (b) of the five alleged founder members who have been able to be identified only two, Ionel Gheorghe Cana and Gheorghe Brasoveanu, who are retired, have served sentences but for disseminating fascist propaganda which is forbidden by Romanian legislation, and not for any kind of trade union activity even if such activity is interpreted in the broadest sense. These two were amnestied, freed and now live in Bucharest;
   • (c) the other three persons who were identified, namely Nicolae Gugu (retired in Bucharest), Gheorghe Fratila (also retired in Bucharest) and Ioana Grigore (seamstress at Otopeni) have no knowledge of the union to which the ILO communication refers;
   • (d) as regards the list of "persons from Timisoara" the Romanian authorities have noted that this concerns persons who obtained authorisation to leave the country definitively and at their own request (Stefan wolf "with his family", Edgard Ludwig "with his wife", Helmut Reiter "with his wife", Borst Gangaler "with his parents, his sister and his grandparents", Helmut Wallner "with his brother and his parents", Steffi Mayer, Carl Gibson, Erwin Ludwig). The Government states that since these persons have left Romania for good in order to rejoin their families abroad it is difficult, if not impossible, to accept that they were members of a trade union of workers in Romania;
   • (e) of the other named persons described as "disappeared militants" no one is known to have been persecuted or sentenced on account of trade union activities. For example, the Government points out that Mr. Vasile Paraschiv is living in Ploiesti where he is working. The Government adds that Mr. G. Jurca (Yurca) has not been identified. Likewise, Mr. Ion Dobre (Dabra) has not been identified in the town of Lupeni but a Mr. Constantin Dobre who is presently pursuing his studies at the Stefan Gheorghiu Academy of Bucharest has been found.
4. 584. The Government adds that it is known that French and Italian journalists recently had interviews with Mr. Paraschiv and Mr. Dobre at their homes and that the interviews were published.
5. 585. The Romanian authorities express their conviction that the information supplied to the ILO is adequate to prove that the allegations made by the complainant organisation are completely without foundation and that the case, therefore, should now be closed.

C. Conclusions of the Committee

1. 586. In the first place, the complaint made by the World Confederation of Labour concerns the establishment, in February 1979, of an occupational organisation known as the "Free Trade Union of Romanian Workers" (SLOMR) and the repressive measures that are said by the complainant to have been taken against the founder and other members of that organisation by the authorities following its creation. In the document constituting the SLOMR, which the Committee has examined, the stated objectives of the organisation are basically to struggle for respect for human rights and, more particularly, for the rights of workers. The document states that the organisation, legally established under Romanian law, is affiliated to the World Confederation of Labour. The names of the 20 founder members of SLOMR, with their occupations and addresses, is appended to the document.
2. 587. The Committee has noted that, in addition to reiterating previous statements concerning the various provisions in the Romanian Constitution, and other legislative texts which, according to the Government, guarantee the right of association to workers, the Government has supplied information regarding certain of the allegations relating to the fate of the founder members of the SLOMR and other persons mentioned in the complaint as having suffered from repressive measures as a result of their connections with the new trade union organisation.
3. 588. In particular, the Committee notes that, according to the Government, 15 of the named founder members of SLOMR are fictitious and no trace of them has been found. Only 5 of the 20 named founder members have been traced (Ionel Gheorghe Cana, Gheorghe Brasoveanu, Nicolae Gugu, Gheorghe Fratila and Ioana Grigore). The Government adds that the first two of these (Ionel Cana and Gheorghe Brasoveanu), both retired, were sentenced for disseminating fascist propaganda. Both were amnestied and, according to the Government, are now living in Bucharest. The three remaining founder members (Nicolae Gugu, Gheorghe Fratila and Ioana Grigore) are said by the Government to have no knowledge of the union mentioned in the complaint.
4. 589. As regards other militants of the SLOMR, viz. Virgil Chander and members of the union of the town of Sighisoara, Vasile Paraschiv of Bucharest, Melania Mateescu of Constantanza, and Constantin Acrinei, who were stated by the complainant organisation to have disappeared, and in respect of whom the Committee had requested the Government to supply detailed information, the Government only provides information concerning Vasile Paraschiv, who, it states, is living and working in Ploiesti and was even interviewed recently by French and Italian journalists.
5. 590. The complainant organisation had also referred to the arrest, sentencing and expulsion from the country of a number of named persons, who lived in Timisoara, and who were stated to have founded a new free trade union in that town. According to a statement signed by one of these persons (Karl Gibson), all these persons had been arrested only four days after the setting up of the union and sentenced to six months imprisonment. The Committee observes that the Government, while refraining from any comments on their alleged arrest and imprisonment, confirms that these persons have now left Romania, having received authorisation to do so.
6. 591. Finally, the Committee notes that the Government has supplied no information or comments concerning the circumstances of the strike at the Jiu Valley colliery in 1977 and on the repressive measures that were alleged to have been taken against the strikers. However, as regards the alleged deaths of Yon Dobre and G. Yurca, two engineers who are said to have led the strike, the Government states that it has not been able to trace these persons in the towns in which they are said to have lived.
7. 592. In the light of all the information at its disposal, the Committee can only conclude that, in February 1979, an attempt was made to establish a trade union organisation named the "Free Trade Union of Romanian Workers" (SLOMR). There is evidence of the existence of a document, signed by 20 persons, by which the union was established. Only five of these persons, according to the Government, can now be traced. Two of these persons, now freed, have served sentences for "disseminating fascist propaganda" and another three, although their names, professions and addresses appear amongst the 20 founder members, are stated by the Government not to have any knowledge of the new union. The Committee also notes the evidence produced by the complainant organisation concerning those persons from the town of Timisoara who have now left Romania, as well as the absence of any comments by the Government concerning the circumstances of their arrest. It would appear to the Committee that their arrest and imprisonment prior to their eventual departure from the country may have been linked with their attempts to form a local independent trade union.
8. 593. Generally, as regards all the allegations made concerning the attempts to organise the Free Trade Union of Romanian Workers and the repressive measures that are said to have been taken against the many thousands of workers who wished to adhere to it the Committee notes that the Government has confined its replies to outlining the legal provisions relating to trade unions and to supplying information on some of the individuals mentioned in the complaint.
9. 594. The Committee wishes to emphasise the importance it attaches to the basic principle, contained in Article 2 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that workers and employers shall have the right to establish and join organisations of their own choosing without previous authorisation. The Committee recalls that the Committee of Experts on the Application of Conventions and Recommendations has addressed a number of observations to the Government which have related, in particular, to section 164 of the Labour Code, under which trade unions operate by virtue of the rules of the General Trade Union Confederation, and to section 26 of the Romanian Constitution and section 165 of the Labour Code which seem to establish a close link between the trade unions and the Romanian Communist Party. The Committee of Experts has considered that these provisions would appear to restrict the right of workers to establish organisations of their own choosing and to make it legally impossible to establish organisations that are independent of the Party. In the absence of a more detailed reply by the Government in rebuttal of the complaint, the Committee is of the opinion that the allegations in this case and the information supplied in support thereof would appear to confirm the Committee of Experts interpretation of the legislation in question. The Committee draws this aspect of the case to the attention of the Committee of Experts.
10. 595. In these circumstances the Committee requests the Government to supply more detailed information concerning the attitude of the authorities, as well as the measures that are said to have been taken by them, when the Free Trade Union of Romanian Workers was set up in February 1979. It also requests the Government to inform it of the present situation of the SLOMR, the existence of which has not been denied. More particularly, the Committee requests the Government to supply information concerning those persons in respect of whom no information has been provided, viz. Virgil Chender, and other trade unionists of the town of Sighisoara, Melania Mateescu and Constantin Acrinei. The Committee also requests the Government to supply detailed information concerning the strike at the Jiu valley colliery in 1977 and on the alleged repressive action that was taken against the strikers thereafter.
11. 596. As regards the persons from the town of Timisoara who have since - according to the Government - been authorised to leave the country, the Committee, noting that, according to the information supplied by the complainant organisation, these persons were arrested and sentenced for attempting to form a trade union, requests the Government to provide information concerning the circumstances in which these persons were arrested and the grounds on which they were sentenced.