Informe provisional - Informe núm. 222, Marzo 1983

1. 219. The Committee has examined this case on two previous occasions, most recently at its meeting in November 1982 when it submitted an interim report to the Governing Body.
2. 220. 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 9 February 1983.
3. 221. 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

1. 222. When it last examined this case in November 1982 the Committee recalled that the complaint made by the World Confederation of Labour concerned the alleged establishment, in February 1979, of an occupational organisation known as the "Free Trade Union of Romanian Workers" (SLOMR) against which repressive measures were said by the complainant to have been taken, in particular against the founder and other members following the creation of that organisation. In a document that was said to have constituted the SLOMR, which the Committee examined, it was stated that the organisation, legally established under Romanian law, was affiliated to the World Confederation of Labour. The names of the 20 founder members of SLOMR, with their occupations and addresses, was appended to the document.
2. 223. The Committee 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 had 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. 224. In particular, the Committee noted that, according to the Government, 15 of the named founder members of SLOMR were fictitious, no trace of them having been found. Only 5 of the 20 named founder members could be traced (Ionel Gheorghe Cana, Gheorghe Brasoveanu, Nicolae Gugu, Gheorghe Fratila and Iona Grigore). The Government had added that the first two of these (Ionel Cana and Gheorghe Brasoveanu), both retired, had been sentenced for disseminating fascist propaganda. Both had been amnestied and, according to the Government, were now living in Bucharest. The three remaining founder members (Nicolae Gugu, Gheorghe Fratila and Ioana Grigore) were said by the Government to have had no knowledge of the union mentioned in the complaint.
4. 225. 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, according to the complainant organisation had disappeared, and in respect of whom the Committee had requested the Government to supply detailed information, the Government had only provided information concerning Vasile Paraschiv, who, it stated, was living and working in Ploiesti and had even been interviewed recently by French and Italian journalists.
5. 226. 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 observed that the Government, while refraining from any comments on their alleged arrest and imprisonment, had confirmed that these persons had been authorised to leave Romania.
6. 227. Finally, the Committee noted that the Government had 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 were said to have led the strike, the Government stated that it had not been able to trace these persons in the towns in which they were said to have lived.
7. 228. In the light of all the information at its disposal, the committee concluded that, in February 1979, an attempt seemed to have been made to establish a trade union organisation named the "Free Trade Union of Romanian Workers" (SMOLR). There was evidence of the existence of a document, signed by 20 persons, by which the union was said to have been established. Only five of these persons, according to the Government, could be traced. Two of these persons, now freed, had served sentences for "disseminating fascist propaganda" and another three, although their names, professions and addresses appeared amongst the 20 founder members, were stated by the Government not to have any knowledge of the new union. The Committee also noted the evidence produced by the complainant organisation concerning those persons from the town of Timisoara who had left Romania, as well as the absence of any comments by the Government concerning the circumstances of their arrest. On the basis of the information at its disposal the Committee was unable to reach any conclusion as to whether their alleged 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. 229. Generally, as regards all the allegations made concerning the attempts to organise the "Free Trade Union of Romanian workers" and the repressive measures that were said to have been taken against the many thousands of workers who wished to adhere to in the Committee noted that the Government had 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. 230. In these circumstances the Committee requested the Government to supply more detailed information concerning the attitude of the authorities, as well as the measures that were said to have been taken by them, when the Free Trade Union of Romanian Workers was set up in February 1979. More particularly, the Committee requested the Government to supply information concerning those persons in respect of whom no information had been provided, viz. Virgil Chender, and other trade unionists of the town of Sighisoara, Melania Mateescu and Constantin Acrinei. The Committee also requested the Government to supply detailed information concerning the strike that was said to have occurred at the Jiu Valley colliery in 1977 and on the alleged repressive action taken against the strikers thereafter.
10. 231. As regards the persons from the town of Timisoara who had left the country, the Committee, noting that, according to the information supplied by the complainant organisation, these persons had been arrested and sentenced for attempting to form a trade union, requested the Government to provide information concerning the circumstances in which these persons had been arrested and the grounds on which they had been sentenced.
11. 232. In these circumstances, the Committee recommended the Governing Body to approve its report and, in particular, the following conclusions:
    • "(a) the Committee can only note the information supplied by the Government which concerns 5 of the 20 named founder members of the Free Trade Union of Romanian Workers (SLOMR) who have been identified;
    • (b) the Committee emphasises the importance which it attaches to the principle that workers and employers should have the right to establish and join organisations of their own choosing without previous authorisation (Article 2 of Convention No. 87); in this respect, the Committee requests the Government to inform it of the present situation of the SLOMR, the existence of which has not been denied by the Government. It draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to this aspect of the case;
    • (c) the Committee requests the Government to supply detailed information on the following matters:
    • (i) the alleged repressive measures taken by the authorities against workers when the Free Trade Union of Romanian Workers was set up in February 1979;
    • (ii) the fate of Virgil Chender and other trade unionists in the town of Sighisoara, Melania Mateescu and Constantin Acrinei;
    • (iii) the strike which took place at the Jiu Valley colliery in 1977 and the alleged repressive action that was taken against the strikers thereafter;
    • (iv) the reasons for and circumstances surrounding the arrest and imprisonment of persons from Timisoara, who - according to the Government - have now been authorised to leave Romania."

B. Further reply of the Government

1. 233. In response to the requests made by the Committee for further information the Government transmits an additional communication, dated 9 February 1983, in which it states that, although it is supplying supplementary information in a spirit of dialogue, it is nevertheless to be hoped that the examination of these false and unfounded allegations may now be brought to a conclusion.
2. 234. It is untrue, contends the Government, that it never denied the existence of the sc-called trade union mentioned in the complaint. The existence of such a union cannot seriously be upheld by the extremely vague and general statements advanced by the complainants, nor from a list containing the names of 20 persons, 15 of whom do not exist, the other 5 (4 of whom are retired) having nothing to do with the so-called union. The allegations concerning the so-called "repressive measures", therefore, according to the Government, are groundless.
3. 235. As regards the alleged disappearance of certain persons, in particular Virgil Chender and other trade unionists of the town of Sighisoara, Melania Mateescu and Constantin Acrinei, the Government supplies the following information:
   • - Virgil Chender works in a factory in Sighisoara and has not been involved in any activity related to the allegations concerning the so-called trade union; in 1968 he was sentenced to two years' imprisonment for fraud and bribery;
   • - Melania Mateescu, was a medical assistant, divorced in 1976, and known for her disorganised way of life; she died in 1980 from alcoholic poisoning (as noted in her death certificate No. 452/1980); she was never known to have carried cut any activity whatsoever that could in any way be linked to the allegations concerning the so-called trade union;
   • - as regards Constantin Acrinei, no person bearing this name has been identified.
4. 236. As regards the allegations concerning the strike at the Jiu valley colliery in 1977 the Government strongly contests and deplores such allegations that "repressive measures were taken against tens of thousands of workers". Such allegations have nothing in common with reality nor with the constructive manner in which Romanian workers and the authorities settle any labour problems that may arise. What are particularly significant are the statements made and published in the press, including the foreign press, by one of the so-called "leaders" of the strike Mr. C. Dobre, a former miner who is presently studying at the Stefan Gheorghiu Academy in Bucharest.
5. 237. As regards the "persons from Timisoara", the Government states that these persons have now left the country and are living abroad, as the complainants themselves pointed out. Their departure from Romania took place within the context of the policy of the Romanian authorities to reunite families in certain cases. Before their departure, states the Government, none of these persons had been the object of so-called measures of arrest and imprisonment which may have been linked to the application of international conventions on freedom of association.

C. The Committee's conclusions

1. 238. The Committee has again examined the various aspects of this case in the light of all the information initially supplied by the complainant organisation and the most recent information transmitted by the Government. The Committee recalls that the complaint related to the repressive measures that were said to have been taken by the Romanian authorities against the founder and other members of an organisation that was alleged to have been established in 1979 under the name of "The Free Trade Union of Romanian Workers (SLOMR)"; the fate of certain persons in the town of Sighisoara who were said to be militants of the SLOMR; the alleged repressive action that was taken against strikers at the Jiu Valley colliery in 1977, and the alleged arrest and imprisonment of certain persons in the town of Timisoara for trade union activities.
2. 239. The complainant organisation had alleged that' in 1975, an organisation known as the "Free Trade Union of Romanian Workers (SLOMR)" had been founded by 20 persons whose names appeared on a document that was said to be the constituent document of the new organisation. The complainant had alleged in general terms that this attempt to form a trade union organisation was followed immediately by a wave of repression by the authorities against the union and its members, including the arrest, internment in psychiatric hospitals, exile, beatings and summary sentencing. For its part, the Government has strenuously denied the existence of any such new organisation and consequently any repressive measures that may have been taken against it or its members. In addition, as regards the 20 founder members of the SLOMR, the Government has stated that 15 cannot be traced and that of the remaining five, two are retired and presently living in Bucharest (having previously been sentenced for disseminating fascist propaganda, and subsequently amnestied), and three (two of whom are retired, the other a seamstress) are living in Bucharest and Otopeni respectively and have no knowledge of the new union referred to in the complaint.
3. 240. On this aspect of the case the Committee is confronted with a general allegation that there was a repression by the authorities and a general denial by the Government that any such repression took place. In the absence of more specific information in support of the allegations made, the Committee, considering the seriousness of the allegations, must note with regret that it does not have at its disposal adequate information on which to base any firm conclusions on this aspect of the case. As regards the more specific information supplied by the complainant regarding the founder members and the constitution of a new organisation the Committee must note that, since it last examined the case, the complainant organisation has supplied no new information in response to the Government's previous denial of the existence of the organisation, nor as regards the specific information previously supplied by the Government following its inquiries into the present status of the 20 persons named by the complainants as being the founder members of the organisation in question. In these circumstances, the Committee regrets once again that the information at its disposal is insufficient to enable it to reach any conclusion on this aspect of the case and again requests the Government and the complainant to supply more precise information on this aspect of the case.
4. 241. The complainant had alleged that a number of militants had disappeared, in particular Vasile Paraschiv, Virgil Chender, Melania Mateescu and Constantin Acrinei. In addition to the information previously transmitted by the Government concerning Vasile Paraschiv (now working and living in Ploisti), the Government supplies specific information concerning Virgil Chender (now working in Sighisoara) and Melania Mateescu (now deceased). According to the Government, Constantin Acrinei cannot be traced. Having regard to the general nature of the allegations concerning these persons, and the more specific information provided by the Government, the Committee considers that this aspect of the case does not call for further examination.
5. 242. When it last examined the case the Committee observed that the Government had not replied to the allegation - made in general terms - that a strike in the Jiu Valley colliery had been followed by repressive measures, including the transfer or demotion of some 3,000 workers. The Committee notes that, in its latest reply, the Government denies this allegation and repeats certain information concerning one miner (C. Dobre) who was alleged to have led the strike and who had died as a result. According to the Government this person (a former miner), is a student of the Stefan Gheorghiu Academy in Bucharest. Again, the Committee considers that, in the absence of more specific information in support of the allegations made, which is particularly regrettable in view of their seriousness, it does not have at its disposal adequate evidence upon which to base any firm conclusions on this aspect of the case. It again requests the Government and the complainant to supply more precise information on this aspect of the case.
6. 243. As regards the alleged arrest and imprisonment of a number of persons in the town of Timisoara for their involvement in trade union activities the Committee notes the Government's explanation that these persons have left the country, having requested and been authorised to do so. The Committee notes that the Government does not specifically deny that these persons were at any time arrested and sentenced, as alleged by the complainants. The Committee would therefore request the Government to supply precise information concerning the reasons for their alleged arrest and detention.