Rapport intérimaire - Rapport No. 142, 1974

1. 162. The Committee last examined this case at its session in February 1973, when it submitted to the Governing Body an interim report contained in paragraphs 163 to 171 and 195(c) of its 135th Report, which was approved by the Governing Body at its 189th Session (February-March 1973). The Committee had not completed its examination of a complaint presented by the World Federation of Trade Unions in a communication dated 13 May 1970, in which allegations were made concerning the detention of numerous trade unionists and workers on charges of illicit association and participation in various strikes. In paragraph 195(c)(iii) of its report the Committee recommended the Governing Body to request the Government to furnish its observations with respect to this complaint.
2. 163. The Government forwarded these observations in a communication dated 4 October 1973, and at its session in November 1973 the Committee decided to adjourn the case, which is now examined below.
3. 164. The WFTU's communication consists of an introductory note and an appended document setting forth the complaint. In the former it is briefly stated that the complaint contains a brief summary of certain developments in the labour field in Spain since the beginning of 1970, that it mentions for the purposes of illustration several specific cases involving persecuted trade unionists, and that the evidence in the document points to a clear violation of trade union rights. In conclusion the ILO is asked to intercede in order to obtain the immediate release of imprisoned trade unionists, to put a stop to further arrests, to secure the reinstatement of dismissed workers victimised for their trade union activities, to obtain full legality for the functioning of the workers' Committees, and to bring about the implementation of the five principles recommended by the Study Group to Examine the Labour and Trade Union Situation in Spain.

A. A. The complainants' allegations

1. 165. The complaint begins by referring to a series of strikes which took place in different undertakings in various parts of Spain, involving some 200,000 workers. According to the complainants, the workers' demands included in all cases the principal claims approved at the Extraordinary General Meeting of Workers' Committees held in Madrid in November 1969. These claims were concerned with wage increases, participation in collective bargaining of workers' representatives elected within the undertaking, recognition of a democratic trade union, representative of the working class, the right to strike, the release of workers' leaders and activists held on charges of participating in strikes and demonstrations, etc. The complainants assert that in striving to make their strikes a success the workers had to contend with counter measures on the part of the Government, since under current legislation strikes are deemed to be a punishable offence. Undertakings ordered lockouts, with the support of the authorities, and dismissed workers. In the latter case striking workers stayed out longer to show their solidarity with the dismissed men, and the police arrested the most active of the militants. Those dismissed included union representatives and members of works councils, who were subsequently dismissed from their union posts. In many cases, however, the employers were anxious to continue operating and were willing to deal with the Committees elected by the workers and to by-pass the unions.
2. 166. The complainants go on to mention the names of numerous workers, trade union activists, union representatives, members of works councils and union delegates arrested for being members of workers' Committees and for playing an active part in strikes; members of works councils removed from office for having gone on strike; workers arrested for having criticised at a trade union meeting a draft collective agreement proposed by the union, and active members of workers' Committees sentenced to long terms of imprisonment.
3. 167. In its communication of 4 October 1973 the Government refers first of all to the complainants' introductory note, declaring that this document confines itself to preliminary statement reflecting the political intention of the signing organisation, and to requesting intervention with the Government with a view to the latter's adopting certain measures which fall within the competence not of the governmental authorities but of the legislative and judicial authorities. The Government goes on to state that the request is formulated in such generic and tendentious terms that it is practically impossible to consider it with a view to making observations that would be useful for the information of the Committee.
4. 168. As regards the annex, the Government states that the first part sets out the situation relating to labour disputes in Spain at the beginning of 1970. According to the Government, the: obviously propagandistic way in which it is drafted prevents a succinct reply, but for the purposes of adequate information it encloses a copy of a technical publication called "Report on Collective Labour Disputes, 1970", which examines in detail the labour disputes which occurred throughout that year and analyses them in all their various aspects. The Government adds that the real truth is very far removed from the picture presented by the WFTU. In any case, it goes on, it would not imply anything more than some situations of labour conflict similar to those which arise in many countries and less serious than those which are frequently observed in some. It is accordingly not easy logically to understand for what reason what is considered normal in certain countries is considered, unacceptable in others.
5. 169. The second part of the annex, declares the Government suffers from the same lack of seriousness and objectivity; it attempts to impress by quoting names of persons detained in various places without giving the essential details - normally given in a complaint - that would make it possible to reply to it adequately.; In view of all the above, the Government considers that the matter does not deserve further consideration on its part.

B. B. The Committee's conclusions

1. 170. The Committee observes that the complaint contains specific allegations relating to arrests and other measures taken against workers and union representatives, mainly on account of their participation in strikes or their membership of workers' Committees. The Committee is of the opinion that it must give more careful consideration to the matters relevant to freedom of association involved in these cases. In order to have sufficient facts at its disposal when examining these cases the Committee would like to have the Government's observations on the specific cases cited by the complainants. The Committee would also like to know if it is true that lockouts and dismissals were carried out with the support of the authorities.