Rapport intérimaire - Rapport No. 118, 1970

1. 196. The Committee examined this case at its meeting in March 1970 when it submitted an interim report to the Governing Body which appeared in paragraphs 391 to 412 of its 116th Report, approved by the Governing Body at its 178th Session (March 1970).
2. 197. Certain questions, however, remain outstanding, notably those concerning the alleged imprisonment of trade unionists, the closing of trade union premises and the taking of anti-union measures against the State Electricity and Telephone Service Employees' Union (AUTE). On these points the Government was requested to supply further information.
3. 198. The Government submitted its further observations on the case in two communications dated 2 March and 9 March 1970.
4. 199. Uruguay has ratified both 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. A. The complainants' allegations

1. 200. In paragraph 412 of its 116th Report the Committee submitted the following recommendations which were approved by the Governing Body and transmitted to the Government:
2. 412. In these circumstances, with respect to the case as a whole the Committee recommends the Governing Body:
   • (a) with regard to the allegations relating to the military call-up and imprisonment of workers and trade union leaders in 1969:
   • (i) to take note of the information supplied by the Government to the effect that the decree of 25 November 1969 brought to an end the military call-up of officials of the State Electricity and Telephone Service (UTE);
   • (ii) to take note of the information submitted by the Government to the effect that, of a group of five trade unionists alleged to have been imprisoned, four had been set at liberty, and that the Government will supply the information relating to Mr. Humberto Rodriguez when this has been obtained;
   • (iii) to ask the Government to be good enough to supply such information as soon as possible, and also information on the alleged imprisonment of various teachers' trade union leaders and the alleged closing of the premises of the AUTE and of the National Labour Congress (CNT), indicating in each case the precise reason for the measures taken;
   • (b) with regard to the allegations relating to anti-union measures taken against an organisation:
   • (i) to decide for the reasons indicated in paragraph 410 that the allegation relating to the collection of union dues does not call for further examination;
   • (ii) to ask the Government to be good enough to communicate whether the state of normality in labour and trade union matters in the UTE, to which its observations referred, implies that the trade union is in a position to carry on all its normal activities, including the discussion of problems with the management and whether the punishment of dismissal alleged to have been inflicted on the members of the Management Committee and other leaders of the AUTE has been annulled, and-if these sanctions are being maintained-to supply more precise information on the nature of the breaches of discipline which occasioned the dismissals;
   • (iii) to invite the Government to be good enough to state whether there remains any restrictions on the liberty of any of the persons referred to, and if so, the precise reasons therefor;
   • (c) to take note of this interim report, on the understanding that the Committee will submit a further report when it has received the further information asked for from the Government.
3. 201. As a preface to the observations contained in its communication of 2 March 1970, the Government points out that no trade union body representing the teaching profession has been prevented from carrying on its lawful activities; that no trade union premises have been closed, that no measures have been taken which violate International Labour Conventions on freedom of association, and that the only measures initiated have been taken on the basis of the Emergency Security Measures Decree.
4. 202. The Government states that public servants employed in essential services do not enjoy the right to strike and that, consequently, members of the teaching profession are excluded from this right. The Government adds, however, that no sanctions have been taken against any member of the teaching profession for taking part in strikes and that the legal basis for any measures which have been taken is the Emergency Security Measures Decree.
5. 203. The Government further states that all those persons mentioned in the complaint as having been detained have either been released or else were not imprisoned in the first place; that no one was detained for trade union activities but solely for having infringed the provisions of the Emergency Security Measures Decree of 24 June 1969. Moreover, the Government points out that no one is at present being held under this decree.
6. 204. The Government explains that all these measures, which are subject to the control of the General Legislative Assembly, or during the recess, of its standing Committee, and which may be revoked at any time, were designed, together with other similar measures, to combat subversion at a time of crisis which it was fortunately able to overcome, and in which it had to face an offensive aimed at making chaos and violence prevail against the Constitutional and democratic régime.
7. 205. The Government further states that the detention of the persons referred to above had nothing to do with the particular problems of either education or freedom of association.
8. 206. Replying to other questions raised by the Committee in its 116th Report, the Government in its communication of 9 March 1970 states the following:
   • (a) Mr. Humberto Rodriguez was arrested on 24 June 1969 and released on 21 July 1969; the reason for his detention was, as in the other cases mentioned, violation of the provisions of the Emergency Security Measures Decree;
   • (b) the premises of the CNT were closed on 24 June 1969 but the organisation in question, which enjoys the right of assembly within the limits set by the decree of 24 June 1969, has since held many meetings quite normally and has carried on intense trade union activity without, however, officially communicating its new address;
   • (c) the return to normal of the labour and trade union situation in the UTE means that the trade union(s) has (have) the right to carry on all lawful and legitimate trade union activities, including that of negotiating with the management;
   • (d) the penalties inflicted on certain officials of the UTE were for acts qualified as breaches of discipline under the Personnel Regulations. No measures taken were prompted by trade union activities. Moreover, none of these measures has been rescinded by the Administrative Disputes Tribunal, the independent legal body responsible under the Constitution for supervising the legality of administrative acts.
9. 207. In regard to this last point the Government also states that it is prepared to supply a list of cases of administrative appeals for revocation of decisions made by the UTE management on this subject, and a list of the actions for revocation, if any, which, once administrative channels have been exhausted, officials or ex-officials who think their rights have been infringed by administrative acts, either illegal or involving abuse of powers, can bring before the Administrative Disputes Tribunal.

B. B. The Committee's conclusions

1. 208. The Committee notes the information supplied by the Government in its communications of 2 March 1970 and 9 March 1970, according to which all those persons mentioned in the allegations as having been detained have either been released or else were not imprisoned in the first place; it also notes that at present no one is being held under the Emergency Security Measures Decree.
2. 209. The Committee further notes the Government's statement contained in its communication of 2 March 1969, according to which no teachers' trade union has been prevented from functioning normally, nor have the premises of any such trade union been closed. By contrast, the Government, in its communication of 9 March 1969, states-without giving any kind of explanation therefor-that the premises of the CNT were closed on 24 June 1969 but that the union has subsequently carried on intense trade union activity without, however, officially communicating its new address to the authorities.
3. 210. In this connection the Committee recommends the Governing Body to ask the Government to supply information concerning the present position regarding the CNT and, in particular, to state whether its premises still remain closed and, if so, for what reason.
4. 211. The Committee notes the Government's statement according to which the state of normality in labour and trade union matters in the UTE implies the right of the trade union(s) to carry out under normal conditions all lawful and legitimate activities, including that of negotiating with the management. The Committee observes, however, that, while the Government states that the sanctions taken against certain officials of the UTE were for "breaches of discipline" under the terms of the Personnel Regulations, that there exists an appeals procedure which may be invoked by any official who considers that he has been unjustly treated and that, to date, none of the sanctions inflicted has been rescinded by the Administrative Disputes Tribunal, the Government has still not replied to the Committee's earlier request for more precise information on the nature of the breaches of discipline which prompted the imposition of these sanctions.
5. 212. In these circumstances the Committee recommends the Governing Body to ask the Government, once again, to supply detailed information on the nature of the breaches of discipline which prompted the taking of the sanctions in question.