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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 18. The Committee last examined this case at its meeting in June 2007 [see 346th Report, paras 209–246] and at that time made the following recommendations:
- (a) The Committee strongly urges the Government to take a decision without delay regarding the CTA’s application for trade union status (made almost three years ago) and to keep it informed in this respect.
- (b) The Committee urges the Government to take measures to ensure that the statutes of the CTA are fully approved and to keep it informed in this respect.
- 19. In a communication dated 22 October 2007, the Government sent a copy of a draft decree containing provisions to reject the appeal to a higher administrative authority lodged by the Central of Argentinean Workers (CTA) against Resolution No. 717 of the Ministry of Labour, Employment and Social Security of 21 July 2006.
- 20. The Committee takes note of this information. The Committee recalls that, when considering this case at its meeting in June 2007, it noted that, according to the complainant organization, administrative Resolution No. 717/2006 challenged new articles 2 and 4 of the statutes with regard to the trade union classification adopted and the scope of membership (in particular, article 2 allowed both employed and unemployed workers, as well as those receiving social security benefits, to join the CTA and any of the organizations affiliated to it). On that occasion, the Committee recalled that it had, in the past, pronounced itself with regard to similar allegations presented by the CTA in relation to the refusal of the Government to proceed with its trade union registration, based on the fact that it was a third-level trade union body which had certain special characteristics in its structure as regards its representation, whereby provision was made for direct affiliation by individual persons – including retired and unemployed persons – contrary to the provisions of the Act on trade union associations [see 300th Report, Case No. 1777, paras 58–73]. It also recalled that organizations of employers and workers should have the right to draw up their constitutions and rules in conformity with Article 3 of Convention No. 87 and considered that the prohibition of the direct affiliation of certain persons to federations and confederations was contrary to freedom of association principles and that it was for the organizations themselves to determine what the rules relating to their membership should be. In these circumstances, the Committee once again urges the Government to take the necessary measures to ensure that the statutes of the CTA are fully approved and to keep it informed in this respect.
- 21. Lastly, the Committee regrets that the Government has not provided information with regard to the recommendation in which it strongly urged the Government to take a decision without delay regarding the CTA’s application for trade union status, made almost four years ago. In these circumstances, the Committee requests the Government to take measures in this regard without delay and to keep it informed in this respect.
