Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 304, Junio 1996

1. 40. The complaints in this case are contained in a communication from the World Confederation of Labour (WCL) dated 9 May 1995, a joint communication from the Congress of Argentine Workers (CTA) and Association of State Workers (ATE) dated June 1995 and a communication from the Latin American Central of Workers (CLAT) dated 26 July 1995. The CLAT sent additional information in a communication dated 31 August 1995 and the CTA and ATE in a joint communication dated 18 October 1995. The Government sent its observations in communications dated 23 November and 26 December 1995 and 14 February and 17 May 1996.
2. 41. Argentina 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. The complainants' allegations

1. 42. After referring to the gradual decline of employment opportunities in the province of Tierra del Fuego (in 1994, a quarter of metalworkers in the province lost their jobs), the complainants allege that in 1995 most of the enterprises in the cities of Ushuaia and Río Grande dismissed workers or threatened to close down and that the television manufacturers Continental Fueguina dismissed most of their staff in March, a decision against which the staff protested. In February 1995, the manual workers and employees of the province of Tierra del Fuego organized a demonstration during which highway No. 3 was blocked. They did this so that the governor would grant them an interview and thus permit them to explain the employment problems they were facing; the governor did not however agree to receive them.
2. 43. The complainants add that on 11 April 1995, the workers of Continental Fueguina (in the city of Ushuaia), who had been occupying the enterprise's premises to protest against the dismissal of 200 workers without their being paid the compensation due to them, were violently ousted by the police. The State Employees' Trade Union Front, the local trade union sections and the Metalworkers' Union (UOM), backed at the national level by the Argentine Workers' Movement (MTA) and by the Congress of Argentine Workers (CTA), decided to hold a general strike on 24 April 1995. The outcome of the demonstrations that took place was one death (Mr. Victor Choque) on 12 April 1995 and dozens of injuries. Among those injured were Mr. Juan Roberto Vera and Mr. Alejandro Vásques, members of the Association of State Workers (ATE/CLAT), who sustained numerous impacts of rubber bullets and various bruises from the blows they received. The person who died from a bullet in the head is a 37 year-old construction worker. According to the complainants, eye witnesses and film coverage show clearly the violent tactics of the authorities, who fired repeatedly on the workers, sometimes at a distance of 1 metre. The police were firing systematically from the street, but also from a vehicle dubbed the "wild bus" by the demonstrators (and from which they were firing at everything that moved in several of the nearby streets). The complainants sent a report on these events by the Legislative Investigation Committee of Argentina, as well as a video of these events.
3. 44. The complainants further allege that, in the province of San Juan, the state workers organized a hunger strike to protest against the adjustment policies pursued by the authorities in the province. When the strike had been going on for more than 100 hours, Mr. Eloy Camus, Secretary-General of the ATE, decided to go to his home to fetch blankets for his comrades. On the way he was intercepted by four people in a vehicle. He was beaten, dragged into a vehicle and held for several hours, during which he was tortured and burned with cigarettes on several parts of his body. After being shot in the leg, he was dragged to about 50 metres from the place where the hunger strike was going on. The perpetrators of these acts of violence have not so far been identified, in spite of the complaint lodged by the union leader who was attacked.
4. 45. The complainants also state that, in the province of Corrientes on 24 April 1995, on the basis of a number of decrees, the Social Welfare Institute of the province laid off 39 workers. As a result, the staff called an indefinite strike at their place of work. On 27 April, in solidarity with the dismissed workers, a demonstration of state workers was held in front of the Institute, where the demonstrators were violently attacked by the police. Mr. Juan González, Secretary of ATE/CLAT Corrientes, was beaten and kicked. He was arrested along with other union leaders and taken arbitrarily to Commissariat No. 1 where he was held incommunicado for five hours. He was charged with "assault, obstruction and causing injury to the authority".
5. 46. The complainants conclude with the general observation that it is alarming that, as a result of demonstrations and other legitimate forms of trade union action, trade unionists should be charged with various "crimes" as a form of intimidation. This weakens the possibility for trade union organizations to express their disagreement with the adjustment policies.

B. The Government's reply

1. 47. In its communications dated 23 November and 26 December 1995 and 14 February and 17 May 1996, the Government states that, from the replies it has received from the three provincial governments implicated in the allegations, it would seem that in every case the events denounced were linked to common law offences that are being investigated in the various jurisdictions. In fact, the Government indicates that it now has sufficient proof to reaffirm its position that this was not a situation in which there was a violation of Convention No. 87 concerning freedom of association, nor was it a question of an off-hand remark during the police action which degenerated into indiscriminate repression, but rather a question of regrettable events at a precise point in time arising out of very special circumstances which are being investigated by the judiciary.
2. 48. Regarding the death of Mr. Victor Choque, the Government states that the examining magistrate in the province of Tierra del Fuego has ordered that the officer of the principal police, presumed perpetrator of the crime of homicide, i.e. the person presumed to have shot Mr. Choque dead, be brought to trial. According to the report of the provincial governor, however, the event under investigation occurred in the course of what the law defines as criminal acts (illegal seizure of property, damage, contempt, injury, etc.) and in no way constitutes a violation of ILO Convention No. 87; the investigation merely concerns a matter of penal law. Based on the evidence in the file, the death of Victor Choque occurred on 12 April 1995 when a group began to throw stones - some said it was raining stones - at the police station where a group of persons were being held by judicial decree, and not by police order, since 11 April 1995. The Government expresses its surprise at the inaccuracies and omissions presented by the complainants in their submission. Overall, they have omitted to present the context in which the events occurred. The Government expresses its deep concern to see such delicate issues broached in such a partial and inaccurate manner.
3. 49. Regarding the events in the province of Corrientes, the governor has reported that the provincial court (Investigating Court No. 2 of the First Constituency) is investigating two complaints, one by Mr. Juan Alfredo González alleging illegal denial of freedom, abuse of authority and damages (the trial is under way), and the other lodged by the provincial police against Mr. Juan Alfredo González and other persons alleging assault, resistance to authority and causing injuries. The police stated that the Social Security Institute was roped off on 27 April 1995 so that the disturbance due to the loudspeakers and demonstrators would not disrupt the regular activity. Thereafter, Mr. Vera (Chief of Operations) who was there requested Mr. González and Mr. Gustidiano to stop using the loudspeakers which provoked hostility and shoving. The investigation shows that González and Gustidiano, in their declarations, deny the facts and affirm that they were attacked. The Government has attached the legal medical report in which it was noted that Gustidiano only referred to some pain but that there were no external signs of assault while González refused to be examined. In summary, the declarations are contradictory within a context which does not appear to have been one of a hostile climate of persecution, unless this is how one wishes to interpret the police request to stop using the loudspeakers. Both cases are under investigation and, as in the previous instance, it would appear that they involve common law offences that have nothing to do with freedom of association.
4. 50. Regarding the alleged kidnapping of Mr. Camus in the province of San Juan, the provincial government has reported that, as soon as the complaint was received by the provincial police, an investigation was initiated which has now been taken up by the visiting criminal magistrate, even though he has only Mr. Camus' own statements to go by and there is some doubt as to whether what occurred was motivated by the latter's private affairs or by internal trade union problems. This case is the object of a secret procedure. According to the findings in this third case, there is at present no evidence to suggest that the events being investigated could in any way constitute a violation of freedom of association.
5. 51. Finally, the Government states that all democratic institutions are fully operational in Argentina, that the three powers of the Republican State function freely and that, in the same way, trade unions are very active and exercise their rights - including the right to strike - normally and regularly. Consequently, the events denounced by the complainants can only be looked upon as isolated incidents that are a matter of common law and not of international labour legislation or freedom of association.
6. 52. The Government states that it will continue to send information on the progress of the court cases.

C. The Committee's conclusions

1. 53. The Committee observes that the complainant organizations allege the violent repression by the authorities of demonstrations or strikes, together with acts of aggression against union leaders and members in Continental Fueguina (province of Tierra del Fuego), where the worker Mr. Victor Choque died, and in the Social Welfare Institute (province of Corrientes), as well as the kidnapping for four hours, assault and torture of Mr. Eloy Camus, Secretary-General of the Association of State Workers, by four unknown persons during a hunger strike in the province of San Juan, and the detention for five hours and assault of Mr. Juan González, Secretary of the Association of State Workers, in the province of Corrientes.
2. 54. The Committee notes the Government's observations to the effect that: (1) in every case, the events denounced involve common law offences that are being investigated by the judicial authority and do not concern violations of Convention No. 87; (2) the person presumed responsible for the shot that caused the death of the worker Mr. Victor Choque is being brought to trial; (3) this event took place in the context of what are described as common law offences (causing of injury, damage, contempt, etc.) and the death in question occurred when a group of persons threw stones at the police station where other persons were being detained by judicial order; (4) the police in the province of Corrientes have lodged a complaint with the judicial authority against the trade unionist Mr. Juan Alfredo González for alleged assault, resistance to the authority and causing injury (this unionist and others presented in turn a complaint which is pending); (5) as to the kidnapping of trade unionist Mr. Eloy Camus, there is some doubt as to whether what took place was motivated by his private affairs or internal trade union problems (the trial is the object of a secret procedure).
3. 55. The Committee deeply regrets the death of the worker Mr. Victor Choque and the acts of violence that occurred during the demonstrations and strikes in the provinces of Tierra del Fuego and Corrientes. Although the Government claims that the trade union action involved what are described as common law offences by trade unionists (specifically Mr. Juan Alberto González, against whom penal charges have been brought), the Committee must point out that the Government does not deny the allegations that the police fired repeatedly at workers in the province of Tierra del Fuego and there are differing versions of the alleged aggression against workers demonstrating in the province of Corrientes. In these circumstances, the Committee draws the Government's attention to the fact that "the authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of law and order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace." (See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 137.) The Committee calls on the Government to instruct the police authorities in future to guarantee the exercise of the right of trade unions to demonstrate without being the object of disproportionate measures or excessive violence. The Committee further requests the Government to keep it informed of developments in the legal proceedings being brought in connection with the acts of violence that occurred during demonstrations and strikes in the provinces of Tierra del Fuego, Corrientes and San Juan, especially as they relate to the death of the worker Mr. Victor Choque, the injuries sustained by trade unionists Mr. Juan Roberto Vera and Mr. Alejandro Vásques, and the assault on and denial of freedom of union leaders Mr. Eloy Camus and Mr. Juan González. While noting the Government's explanations, the Committee cannot but express its serious concern that at least three trade unionists were victims of acts of violence. It emphasizes that the protection of trade union rights requires that inquiries be held to determine responsibilities and that guilty parties be punished. The Committee requests the Government also to inform it of the outcome of the charges brought by the police before the judicial authority against the last-mentioned trade union leader.