Interim Report - Report No 160, March 1977

Case No 844 (El Salvador) - Complaint date: 21-FEB-76 - Closed

1. 445. In a communication addressed to the United Nations on 21 February 1976, a number of Salvadorian trade unions presented a complaint of alleged violations of trade union rights in El Salvador. The complaint was signed by representatives of the following organisations: Union of Workers in the Printing and Allied Industries of El Salvador; Union of the Furniture and Allied Industries; Union of the Central American Cardboard Undertaking; Union of Workers in the Poultry-Rearing, Egg and Allied Industries of El Salvador; Union of the Association of Private Employees; Anion of Workers in the Engineering and Basic Metallurgic Industries; National Union of Tailors; General Union of Dressmakers; Union of workers in the Cotton, Hemp, Synthetic Fibre and other related industries; Union of Workers in the Dry-cleaning Industry; Union of the Steelworkers' Undertaking; General Union of Workers in the Building and Allied Industries; Union of the Textile Industries; Works Union of ANDA; Union of Independent Electricians of El Salvador; Union of Workers in the Soft Drinks, Beer, Ice, Drinking Water and Similar Industries; Works Union of the El Salvador Sugar Refinery; Union of the Cement Industry of El Salvador; Union of Workers of the Agricultural Implements Undertaking; Union of Workers in the Leather, Shoe and Allied Industries; INCALSA Works Union; Union of Workers of the Cosmos Undertaking.
2. 446. The text of the communication was transmitted to the Government, which sent its observations in a letter dated 1 October 1976.
3. 447. El Salvador has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 448. In their communication the 22 complainant organisations expressed their concern at the systematic repression of trade union leaders and militants who, they alleged, were kept under constant watch by the police and subjected to political persecution, arrest, illegal restraint and torture. The complainant organisations described the social situation in El Salvador as precarious and stated that even the most elementary human rights were being violated.
2. 449. In support of their statement the complainants referred to a number of specific cases, certain of which related to the death of trade union leaders. They mentioned the case of Rafael Aguiñada Carranza, Deputy in the National Legislative General Assembly and General Secretary of the United Trade Union Federation of El Salvador (FUSS), killed on 26 September 1975. The following day, Jesus Miguel Angel Hernández Rogel, former General Secretary of the Union of the Furniture and Allied Industries (SIMAS), was arrested as he was leaving the premises of the FUSS, and his body was subsequently found at Chinamequita (Department of San Salvador). On 14 November 1976 Feliciano Sánchez Pérez, a leader of the Union of the Furniture and Allied Industries (SIMAS), was found murdered at a tourist centre, "La Puerta del Diablo".
3. 450. Other union leaders were said to have been arrested, and the complainants mentioned the names of Romeo Soto Crespo, Gilberto Ruiz Ponce, Miguel Rivera Valle, Rufino Gonzalo Avelar, Teresa Francisca Maldonado and Remberto Sosa Hernández, all leaders of SIMAS. These persons were alleged to have been imprisoned between 30 June and 19 July 1975 and to have been tortured. Furthermore, Remberto Sosa Hernández is said to have disappeared, although he had previously been seen by his fellow prisoners.
4. 451. José Ernesto Sorto Argueta, General Secretary of the Federation of Unions of Workers in the Food, Clothing, Textile and Allied Industries (FESTIAVTSCES) and workers' representative on the National Minimum wage Council, was arrested on 1 October 1975. This arrest, stated the complainants, took place as Mr. Sorto Argueta was leaving his workplace, the Granja Montserrat Company. The complainants stated that they had learnt from an unofficial source that José Ernesto Sorto Argueta was imprisoned in the security corps barracks of the National Guard of El Salvador.
5. 452. On 5 January 1976, at Sonsonate, the National Guard arrested Ricardo Erazo, Second Disputes Secretary of the National Trade Union Federation of Salvadorian Workers (FENASTRAS), who was found in the prison at Sonsonate bearing signs of torture, although his arrest had been denied by the police. Mr. Erazo was released on 12 January 1976.
6. 453. Certain of the allegations refer to attacks on trade union premises. On 3 October 1975 the headquarters of the Federation of Unions of the Building, Transport and Allied Industries was totally destroyed by a fire which had been started deliberately. On 3 November 1975 the premises of a number of federations suffered material damage as a result of a bomb explosion.
7. 454. Finally, the complainants maintained that the Government was not applying the provisions of Conventions Nos. 87 and 98 and requested the setting up of a commission to carry out an inquiry on the spot.
8. 455. In its reply the Government stated that the activities, statements and publications of the complainant unions showed them to be leftist organisations militating in favour of structural changes with a view to establishing a revolutionary socialist state.
9. 456. The Government stated that it had no official knowledge of the persons named in the complaint as having been arrested or killed by members of the police security corps. The Government observed that no evidence had been produced in support of these allegations and therefore categorically denied the facts related by the complainants.
10. 457. The Government pointed out that Rafael Aguiñada Carranza had lost his life as a result of a crime committed on 26 September 1975 in a street in San Salvador while he was driving the car of another opposition deputy. The criminal courts were at present conducting investigations but they had not yet discovered either the motives for the crime or its authors. The Government rejected all responsibility for the incidents.
11. 458. The disappearance of José Ernesto Sorto Argueta, stated the Government, was a well-known fact, since he had not attended the National Minimum Wage council since October 1975. The Government added that the reasons for his absence were unknown and denied all, involvement in the affair.
12. 459. The Government recalled that, while it had not ratified Conventions Nos. 87 and 98, most of the rights guaranteed by these instruments were protected by the national legislation. The Government stated that there were in the country 172 unions forming 8 federations and 1 Confederation. Furthermore, 340 collective agreements were in force. According to the Government no discrimination existed against the workers and their organisations, as was evidenced by the fact that a number of the complainants held important posts on official bodies such as the National Minimum Wage Council and the Board of Management of the Social Housing Fund Finally, the Government mentioned its achievements in the social field.

B. B. The Committee's conclusions

1. 460. The Committee notes that the allegations before it refer to the death, arrest or disappearance of union leaders and to the torture to which a number of them are alleged to have been subjected. Other allegations refer to attacks on trade union premises. The Committee also notes that the Government denies the facts reported by the complainants.
2. 461. Before dealing individually with the questions raised by the complainants, the Committee wishes to express its concern at the gravity of certain of the allegations and in general to recall that a genuinely free and independent trade union movement can only develop when basic human rights are respected.
3. 462. As regards the allegations relating to the death of trade unionists, the Committee recalls that, in cases involving loss of life, it has invariably stressed the desirability of the Government instituting an immediate and impartial inquiry in order to elucidate the facts and to determine responsibilities.
4. 463. In the present case the Government refers merely to the case of Rafael Aguiñada Carranza, which is at present under investigation, but supplies no information on the allegations relating to Jests Miguel Angel Hernández Rogel and Feliciano Sánchez Pérez.
5. 464. As regards the allegations concerning the arrest and disappearance of union leaders, the Committee observes that the statements of the complainants and those of the Government are in many respects contradictory, the latter denying the responsibility of the police for the alleged incidents. In this respect the Committee notes that, according to the complainants, Ricardo Erazo was found in a public prison after his arrest had been denied by the authorities. In general, the Committee wishes to stress that a climate of violence and uncertainty may represent a serious impediment to the exercise of union rights and that such situations call for strict measures on the part of the authorities in order to redress the situation. In the present case the Committee considers that the Government should conduct an investigation into the situation of the persons mentioned in the complaint.
6. 465. With reference to the damage caused to trade union premises, the Committee likewise takes the view that, in such cases, an independent inquiry would be useful with a view to determining responsibilities.

The Committee's recommendations

1. 466. In the circumstances, the Committee recommends the Governing Body.
   • (a) to express its concern at the gravity of certain of the allegations;
   • (b) to recall that, in general, a genuinely free and independent trade union movement can only develop where human rights are respected;
   • (c) to draw the attention of the Government to the principles set forth in paragraph 462 above, to request it to transmit the results of the inquiry into the death of Rafael Aguiñada Carranza when they are known, to indicate whether similar inquiries have been undertaken in the two other cases of death mentioned in the complaint and, if so, to communicate the results;
   • (d) to draw the attention of the Government to the principles and considerations set forth in paragraph 464 above, and to stress the desirability of conducting investigations into the situation of the persons mentioned in the complaint and of making an inquiry into the damage caused to the premises of a number of federations;
   • (e) to request the complainants to communicate their observations on the Government's reply, and in particular to supply details concerning the allegations of arrests of trade union leaders, on the understanding that the observations so transmitted will be communicated to the Government for its observations;
   • (f) to take note of the present interim report, it being understood that the Committee will submit a further report when the information requested above has been obtained.