Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Peru (Ratification: 1960)

The Committee takes note of the Government’s report and of its reply to the comments of 31 August 2005 by the International Confederation of Free Trade Unions (ICFTU). It likewise notes the ICFTU’s comments of 10 August 2006 and those of 7 April 2006 by the National Union of Public Employees of the Armed Forces (SINEP-FFAA) referring to matters raised by the Committee. These comments also assert that trade union leaders have been threatened for participating in a protest, that the daughter of one trade union leader was abducted, that an attempt was made on the life of the President of the General Confederation of Workers of Peru (CGTP) and that trade unions have been refused registration. The Committee notes that, according to the Government: (1) the president of the CGTP has been offered protection and an investigation is under way; (2) there is not enough information on the alleged acts of violence. The Committee reminds the Government that trade union leaders can perform their duties only where fundamental human rights are observed and fully guaranteed, particularly the right to life and personal safety. The Committee requests the Government to provide information on any investigations and court decisions relating to the alleged violence and to send its observations on the other comments still pending.

Article 3 of the Convention. Right to strike. In its previous comments, the Committee raised the following matters:

–         the power of the labour administration to determine minimum services, in the event of disagreement, when a strike is declared in essential public services (section 82 of the Industrial Relations Act of 1992). The Committee notes that the recently drafted General Labour Bill, No. 67/2006-CR, repeals the Industrial Relations Act and provides, in section 406, that in the event of disagreement the workers’ representative may take the matter within five days to the tripartite body set up for the purpose by the National Labour Council, for settlement within five days;

–         section 73(b) of the Industrial Relations Act of 1992 which provides that the decision to call a strike has to be adopted in the form expressly set out in the statutes and must in any event represent the will of the majority of the workers concerned. The Committee notes that, according to the Government, Supreme Decree No. 011-92-TR (regulating section 73(b)) has been replaced by section 62 of Supreme Decree No. 013-2006-TR to provide that “the trade union organization may declare a strike in the form expressly set out in its statutes, provided that the decision to strike is adopted by a majority of its voting members”. The Committee nonetheless observes that section 62 of Supreme Decree No. 013-2006-TR provides that “in order for the trade union to call a strike, at least two-thirds of the total membership must be present at the time of voting”. The Committee reminds the Government in this connection that a quorum of two-thirds of the members may be difficult to reach when a union has a large membership or covers a large geographical area and that if a member State sees fit to establish by law that strike action must be put to the vote of the workers, it must make sure that only the votes cast are counted and that the requisite quorum or majority is set at a reasonable level. The Committee understands that in any event the recently drafted General Labour Bill is to repeal the Industrial Relations Act and its regulatory decrees (third supplementary provision of the Bill).

In these circumstances, the Committee expresses the hope that the law adopted will conform fully to the Convention and requests the Government to provide information on the progress of the abovementioned Bill in its next report.

Article 6. In its previous comments, the Committee noted that federations and confederations of public servants are barred from joining organizations that represent other categories of workers (section 19 of Supreme Decree No. 003-82-PCM) and asked the Government to take steps to bring this provision into line with the administrative authority’s practice of allowing this kind of organization. The Committee notes that, according to the Government, the National Directorate of Labour Relations has issued a resolution, No. 001-2004-MTPE/DVMT/DNRT on the registration of trade union organizations of public servants. The Committee observes that the resolution allows the establishment only of trade union organizations whose members include public servants covered by various legal regimes (one being the private activities labour regime), but does not allow federations and confederations of public servants to form part of organizations that represent other categories of workers. The Committee requests the Government to take the necessary measures to amend section 19 of Supreme Decree No. 003-82-PCM to allow federations and confederations of public servants to establish or join organizations of their own choosing.

Other matters. In its previous observation, the Committee asked the Government: (1) to place the Union of Workers of Petro Tech Peruana SA back on the register; and (2) not to cancel the registration of the Union of Ticket Sellers and Ushers in Cinematographic Enterprises on the ground that it had only 57 members instead of the 100 required by the law, now amended. The Committee notes that, according to the Government, the Mar y Tierra Workers’ Union of Petro Tech Peruana SA has been entered in the Register of Trade Union Organizations, and the registration of the Union of Ticket Sellers and Ushers in Cinematographic Enterprises has not been cancelled.

Lastly, the Committee takes note of a bill approving mechanisms to ensure transparency in the election of executive boards of trade unions, federations and confederations of public sector workers which amends section 5(a) of Act No. 26487 (Basic Act on the National Register of Identity and Civil Status) and section 5 of Act No. 26486 (Basic Act on the National Elections Commission). The Committee observes that the bill requires unions, federations and confederations of public sector workers, within 120 days at most, to align their statutes with the provisions of the bill establishing that:

–         the National Office for Electoral Processes is responsible for organizing all elections of executive boards held in general assemblies of unions, federations and confederations of public sector workers with a membership of at least 20,000;

–         the National Elections Commission is responsible for supervising elections of executive boards held in general assemblies of unions, federations and confederations of public sector workers with a membership of at least 20,000;

–         the Commission has the authority to declare null and void elections of executive boards held in general assemblies of unions, federations and confederations of public sector workers with a membership of at least 20,000.

The Committee reminds the Government that the regulation of procedures and arrangements for the election of trade union leaders is a matter to be addressed in statutes of workers’ organizations and not in some body outside the organization, and that any disputes arising in connection with elections should be settled by the judicial authority. In these circumstances, the Committee requests the Government to take the necessary measures to ensure that the abovementioned bill takes into account the principle recalled above and to keep it informed of any developments regarding the relevant legislation.

The Committee is addressing a request concerning other matters directly to the Government.