Interim Report - Report No 49, 1961

1. 254. In a communication, dated 14 December 1959, the Trade Unions International of Textile, Clothing, Leather and Fur Workers (Trade Department of the W.F.T.U.) submitted to the I.L.O a complaint against the Government of Argentina for infringement of trade union rights. The complaining organisation had the complaint endorsed by the W.F.T.U, which submitted a like complaint to the I.L.O by letter dated 26 February 1960.
2. 255. The complaint was forwarded to the Government for its observations in a letter dated 14 March 1960, and the W.F.T.U was informed by letter of even date of its right to furnish further information in substantiation of its complaint within a period of one month.
3. 256. The Government replied by a letter dated 5 September 1960.
   • Receivability of the Complaint
4. 257. In accordance with the procedure now in force for the examination of complaints of alleged infringements of trade union rights, allegations are receivable only if they are submitted by a national organisation directly interested in the matter, an international organisation of employers or workers having consultative status with the I.L.O, or another international organisation of employers or workers where the allegations relate to matters directly affecting its affiliated organisations. In the present case, the Trade Unions International of Textile, Clothing, Leather and Fur Workers, the original complainant, is an international organisation which has no consultative status with the I.L.O, nor is there any evidence to indicate that the Argentine organisation to which reference is made in the allegations is affiliated to it. However, it would not appear necessary to pursue this aspect of the case in view of the fact that the complaint has been formally endorsed by the W.F.T.U. Under these circumstances the Committee considers that the complaint is receivable under the procedure in force.

A. A. The complainants' allegations

• Allegations relating to the Arrest of the General Secretary of the Argentine Textile Workers' Association
  258. 258 Referring to a letter of even date and containing identical charges addressed to the President of the Argentine Republic, the complainants allege that the General Secretary of the Argentine Textile Workers' Association has been arrested.
  259. 259 The Government in its reply states that there is no legal justification for criticising the arrest of Mr. Andrés Framini, General Secretary of the Argentine Textile Workers' Association, as being an infringement of freedom of association, in view of the fact that " Mr. Andrés Framini is now under arrest and at the disposal of the Government for political rather than trade union reasons ". Proof of this is afforded, the Government adds, by the fact that the trade union organisation to which Mr. Framini belongs continues to operate without let or hindrance. Furthermore, the Government continues, there is legal authority for his arrest in article 23 of the Constitution, by reason of the state of emergency obtaining in the country.
  260. 260 The Government thus admits the fact of Mr. Framini's arrest, but denies that it constitutes a violation of freedom of association, justifying this arrest on the one hand as a measure permitted during a state of emergency by article 23 of the Constitution and, on the other hand, arguing that its action was of a political rather than of a trade union character since the occupational association to which Mr. Framini belongs continues in operation. In several earlier cases the Committee has emphasised the importance which it attaches to the principle of a prompt and fair trial by an impartial and independent judicial authority in all cases, including those in which trade unionists are accused of political or criminal offences which the Government considers to be outside the scope of their trade union activities. In the past, moreover, where allegations concerning the arrest of trade union leaders or workers have been met by governments with statements that the arrests 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 information of as precise a nature as possible concerning the arrests and particularly as to the legal or judicial proceedings instituted as a result thereof and the result of such proceedings.
  261. 261 Accordingly, the Committee recommends the Governing Body to draw the attention of the Government to the importance which it attaches to the above-mentioned principle of a prompt and fair trial, and to request the Government to be good enough to inform the Governing Body whether Mr. Framini, General Secretary of the Argentine Textile Workers' Association, is now in prison or at liberty on bail, and also concerning the legal or judicial proceedings taken in his case and the result of such proceedings.
• Allegations concerning the Strike of Textile Workers and Action Taken against the Strikers
  262. 262 The complainants declare that, after some 100 days of fruitless negotiation and a refusal on the part of the employers to improve working conditions, the 200,000 textile workers were forced to come out on strike, and that, on the pretext of public disturbances, scores of workers were bludgeoned in the streets, the offices of the Textile Workers' Association were broken into by special squads of police and concentration camps were set up in Southern Argentine to which a large number of textile workers and their leaders were sent.
  263. 263 The Government does not refer to any of these charges in its reply.
  264. 264 In these circumstances the Committee has requested the Director-General to ask the Government to furnish its observations on this aspect of the case, and has postponed further examination of these allegations until such observations have been received.