Rapport intérimaire - Rapport No. 251, Juin 1987

1. 399. The Committee examined this case at its November 1985 meeting and presented an interim report to the Governing Body (see 241st Report, paras. 522-550, approved by the Governing Body at its 231st Session (November 1985)).
2. 400. Following the examination of this case in November 1985, new allegations were received in communications from the following organisations: the International Confederation of Free Trade Unions (16 December 1985; 30 April, 9 May, 27 October and 3 December 1986; 20, 23, and 25 March and 3 April 1987); the Latin American Central of Workers (23 May and 22 November 1986); and the Workers' Inter-trade Union Movement - Paraguay (16 March 1987).
3. 401. The Government sent certain observations in communications dated 19 June 1986 and 9 February 1987.
4. 402. Paraguay 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. 403. In its previous examination of the case (November 1985), the Committee noted that Mr. Marcelino Corazón Medina (Chairman of the Committee of Agricultural Producers) had been released, and requested the Government to send its observations on the alleged torture of this trade union leader during his detention in September 1985, and to indicate the concrete facts on which his detention was based, as well as observations on the alleged detention of Mr. Sebastián Rodríguez, General Secretary of the Drivers' Union of Line 21, who according to the ICFTU, was still imprisoned in October 1985 after more than 30 days, for the sole reason of having organised a musical festival to raise funds for his unemployed colleagues (see 241st Report, paras. 529 and 550).

B. New allegations 404. In its communications of 18 December 1985 and 30 April 1986, the ICFTU alleges the detention of trade unionists Concepción Rodríguez, Juan Carlos Páez and Isabelino Cáceres on 11 December 1985, as well as that of José Bellasai, Ursino Barrios, Anébal Carrillo and Juan Masi, doctors of the Hospital Committee for Clinics, on 25 April 1986, while they were on strike and demonstrating publicly in support of political and socio-economic improvements. On the same day, the police laid siege to the headquarters of the Bank Workers Federation (FETRABAN) to prevent trade unionists from entering the premises. Moreover, the Government banned the activities planned by the Workers' Inter-trade Union Movement (MIT) in commemoration of May Day.

1. 405. In its communication of 7 May 1986, the ICFTU adds that on 1 May the MIT had called for a peaceful public demonstration, but that the workers wishing to attend the meeting were violently turned back by the police. The ICFTU states that on 3 May some 150 militants of the Partido Colorado (in the Government) assaulted the physicians and nurses permitted to tend to the wounded; this group, whose access to the hospital was authorised by the police, proceeded to destroy hospital installations. Later, the same group totally destroyed the facilities of Radio anduté (which had allowed workers and their organisations to voice their opinions). These events took place in the presence of the police, who failed to intervene. The ICFTU also requests the unconditional release of the agricultural trade union leader Marcelino Corazón Medina (arrested during the May Day demonstration).
2. 406. The Latin American Central of Workers (CLAT) refers to some of the allegations presented by the ICFTU, adding that the judicial authorities, having found no evidence of criminal responsibility, released the doctors who had been arrested during the hospital workers' demonstration of 23 April 1986 (which had been violently repressed). It also points out that the police repression of the May Day commemoration resulted in a large number of injured persons.
3. 407. In its communications of 27 October and 3 December 1986, the ICFTU alleges that Herminia Feliciangeli and Benjamín Livieres of the Commerce Trade Union and the Journalists' Trade Union, respectively, were arrested on 24 October. The ICFTU also reports the arrest of Sonia Aquino, a leader of the Journalists' Trade Union, who has disappeared and states that fears are held for her life. On 29 November Carlos Filizzola, a doctor and a leader of the Hospital Trade Union, was arrested in front of his house. In its communication of 22 November 1986, the CLAT states that the above-mentioned Herminia Feliciangeli and Benjamín Livieres were charged with participating in public demonstrations and trade union activities, such as distributing information in the workplace; they have been tried pursuant to Act No. 209 on "defence of the public order and the freedom of persons".
4. 408. In its communication of 16 March 1987, the Workers' Inter-trade Union Movement (MIT) alleges that Margarita Capurro de Seiferheld, a leader of the MIT, has been told to resign from her position as philosophy teacher at the National Girls' School, or otherwise face summary administrative proceedings filed by the Ministry of Education and Culture; she was further warned not to contest the charges, since she lives alone and has a daughter whom no one would care for in her absence.
5. 409. In its communication of 20 March 1987, the ICFTU alleges that Víctor Báez, General Secretary of the MIT and the FETRABAN, was violently arrested by the police on 18 March, after the headquarters of the FETRABAN had been surrounded by the police for several hours during the course of a meeting of the MIT leaders. In a subsequent communication of 25 March 1987, the ICFTU reports that Víctor Báez was released on 20 March 1987.
6. 410. In its communication of 3 April 1987, the ICFTU alleges that Pedro Salcedo, General Secretary of the Paraguay Cotton Company Workers' Trade Union (CAPSA), was arrested the day before the trade union's general assembly. The police prevented this meeting from taking place by roping off the premises and arresting workers as they arrived, although they were later released. The ICFTU adds that the agricultural trade union leaders Marcelino Corazón Medina and Bernardo Tonales were arrested in Ononondivepa while engaged in trade union activities. Lastly, the ICFTU states that Raquel Aquino, a leader of secondary school students, has been arrested since mid-March for sympathising with the trade union movement.

C. The Government's reply

1. 411. In its communication of 19 June 1986, the Government states that Marcelino Corazón Medina was released on 3 June 1986.
2. 412. As regards the allegations concerning the arrest of Benjamín Livieres and Herminia Feliciangeli, the Government states in its communication of 9 February 1987 that these persons have been released and are free to carry out their activities without any restriction what so ever. They had been tried by the courts on the grounds indicated in the court's proceedings (the Government states that it has sent photocopies of the relevant court documents but these have not been received by the ILO). The Government adds that Mr. Filizzola is currently free, that he was not arrested or detained without contact as alleged by the complainants, but was detained in accordance with court orders based on the procedure in force (the Government states that it has sent photocopies of the relevant court documents, but these have not been received by the ILO).

D. The Committee's conclusions

1. 413. In the first place, the Committee expresses its serious concern at the high number of arrests of trade union members and leaders, identified by name, and at the nature of the other allegations relating to the violent repression of peaceful trade union demonstrations, and to the various acts of interference with and violence and pressure against trade union organisations and their leaders. The Committee deplores the fact that the Government has replied only to a limited number of these allegations, despite the time that has elapsed since they were made.
2. 414. The Committee notes that, according to the Government, the trade union leaders Benjamín Livieres, Herminia Feliciangeli and Carlos Filizzola were released after the relevant court proceedings were instituted. The Committee observes that the Government states that it has sent copies of the pertinent court documents, but these have not been received by the ILO. The Committee likewise notes that the complainants have reported the release of the doctor trade unionists José Bellasai, Ursino Barrios, Anébal Carrillo and Juan Masi, as well as that of Víctor Báez, General Secretary of the MIT-P. In these circumstances, since it appears that no charges have been held against these individuals, the Committee must express its serious concern over these arrests, and draws the Government's attention to the principle that measures designed to deprive trade union leaders and members of their freedom, entail a serious risk of interference in trade union activities and that such measures, when based on trade union reasons, constitute an infringement of the principles of freedom of association. (See for example, 233rd Report, Case No. 1169 (Nicaragua), para. 292.)
3. 415. Lastly, the Committee notes that, according to the Government, the agricultural trade union leader Marcelino Corazón Medina was released on 3 June 1986. The Committee notes, however, that according to the allegations, Mr. Corazón Medina was again arrested on 1 May 1986 and then again in April 1987, and that the Government has not sent its comments in this respect.