Interim Report - Report No 281, March 1992

Case No 1524 (El Salvador) - Complaint date: 17-MAR-90 - Closed

1. 282. The complaint was examined by the Committee at its meeting in February 1991 without the Government's observations. At subsequent meetings, when the Government's observations had still not been received, the Committee twice had to postpone its examination of this case, making an urgent appeal at its meeting in November 1991 and pointing out that in accordance with the procedure established in paragraph 17 of its 127th Report, approved by the Governing Body, it would submit a report on the substance of the matter at its subsequent meeting even if the observations or information from the Government had still not been received. No communication has been received from the Government since then.
2. 283. El Salvador has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 284. At the Committee's meeting in February 1991 the allegations made by FENASTRAS, in its communication of 17 March 1990, remained outstanding. According to these allegations, between 22 February 1989 and 31 January 1990 there had been 87 murders and disappearances of trade union leaders (although the complainant organisation named only 31), 971 arrests and detentions of trade unionists and workers, and 56 violations of trade union premises (the complainant mentions 18 incidents).
2. 285. At its meeting in February 1991, in view of the total dearth of government observations, despite the Committee's request that these be furnished urgently, the Committee formulated the following recommendations (see 277th Report, para. 382):
   • As regards the violent deaths and disappearances, the arrests and detentions without full compliance with legal prescriptions, and the threats and harassment against many trade unionists, the Committee deeply deplores these incidents which directly undermine the development of a free and independent trade union movement which might otherwise fully and effectively defend the rights and interests of workers, and play a dynamic and productive role in the country's social, economic and political development. The Committee urges the Government to supply information on the situation of trade union leaders and activists who have been detained, murdered or who have disappeared, and whose names were listed by the complainant, including information on any sentences handed down in respect of them or investigations under way; likewise it urges the Government to give the necessary instructions to the competent authorities to ensure that no detainee is subjected to ill-treatment, and to impose sanctions in cases in which ill-treatment has taken place;
   • as regards the violent search of trade union premises without a court order, the interruption of trade union meetings, the sacking of trade union premises and the destruction of trade union property, the Committee requests the Government to institute judicial inquiries into these allegations for the purpose of punishing the guilty parties and preventing the recurrence of such acts, and as soon as possible to furnish information in this regard;
   • in view of the seriousness of this case, the Committee requests the Government to accept the visit of a direct contacts mission to the country as soon as possible."

B. The Committee's conclusions

1. 286. For the second time the Committee deeply deplores the Government's total lack of cooperation in the Committee's procedure and, specifically, the fact that it has sent none of the information that has repeatedly been requested on the outstanding allegations, despite the urgent appeals made. In view of the time that has elapsed since the allegations were presented (17 March 1990), the Committee is obliged to examine this case once again without being able to take into account the Government's observations thereon.
2. 287. The Committee once again reminds the Government that the aim of the whole procedure is to ensure respect for trade union rights, both in law and in practice. The Committee is convinced that if this procedure protects governments against unreasonable accusations, governments on their side should recognise the importance of presenting, so as to allow objective examination, detailed and precise replies on the substance of the alleged facts (see First Report, para. 31, approved by the Governing Body in March 1952).
3. 288. The Committee emphasises the seriousness of the allegations which refer to the murder and disappearance of a large number of trade union leaders, to the arrest and detention of workers and trade unionists, and the seaching and sacking of trade union premises.
4. 289. As regards the large number of violent deaths (21; see Annex 1) and the disappearance of trade union leaders (10 persons; see Annex 2), the Committee once again deeply deplores these facts and emphasises that they directly undermine the development of a free and independent trade union movement. The Committee draws the Government's attention to the fact that a climate of violence, such as that surrounding the murder or disappearance of trade union leaders, constitutes a serious obstacle to the exercise of trade union rights and that such acts require severe measures to be taken by the authorities (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 76). In these circumstances, the Committee requests the Government urgently to carry out a judicial inquiry in order to shed light on the murder and disappearance of trade unionists, determine responsibilities, punish the guilty parties and avoid a recurrence of such acts. The Committee also requests the Government to keep it informed of the outcome of this investigation.
5. 290. As regards the numerous arrests and detentions of trade unionists (the complainant organisation gives 332 names), the Committee once again reminds the Government that the arrest and detention of trade unionists on the grounds of trade union activities constitutes a serious obstacle to the exercise of trade union rights and an infringement of freedom of association. For the second time, the Committee requests the Government to furnish information on the situation of the trade union militants and leaders who have been arrested, and whose names were given by the complainants, together with information on such rulings as may have been handed down and on the investigations under way. Similarly, the Committee once again urges the Government to issue the necessary instructions to the competent authorities to ensure that no detainee is subjected to ill-treatment and to impose effective sanctions in cases in which ill-treatment has taken place.
6. 291. As regards the violent searching of trade union premises without a court order (18 incidents; see Annex 3), the interruption of trade union meetings and the destruction and sacking of property belonging to the organisations in question, the Committee has always considered that the searching and occupying of trade union premises without a court order constitutes serious interference by the authorities in trade union activities, and once again stresses the importance of the resolution concerning trade union rights and their relation to civil liberties adopted by the International Labour Conference at its 54th Session (1970), which provides that the right to adequate protection of trade union property constitutes one of the essential civil liberties for the normal exercise of trade union rights. Consequently, the Committee once again requests the Government to undertake judicial inquiries into the allegations concerning attacks on trade union premises in order to punish the guilty parties and avoid a recurrence of such acts, and to inform it rapidly of the outcome of these inquiries.
7. 292. The Committee urges the Government to send detailed replies to allegations in future without any delay and points out that henceforth it reserves the possibility of giving the widest publicity to its reports in the manner provided for in its procedure (see Digest of decisions and principles, 3rd edition, 1985, para. 64).
8. 293. In view of the seriousness of this case and the new political situation in the country, the Committee considers that it would now be appropriate for a direct contacts mission to visit the country. It therefore urges the Government to accept such a mission.

The Committee's recommendations

• C. The Committee's recommendations
  294. 294 In view of the preceding interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
       • (a) The Committee expresses the hope that the encouraging political developments taking place in the country will allow for a decisive improvement in the exercise of trade union rights and a rapid reply to all the allegations.
       • (b) Nevertheless, the Committee must once again deeply deplore the total lack of cooperation so far by the Government in the Committee's procedure and the fact that the latter has been obliged, for the second time, to examine the serious allegations presented in this case without the Government's reply.
       • (c) As regards the violent deaths and the disappearance of trade union leaders, the Committee requests the Government to have an urgent judicial inquiry carried out with a view to shedding light on the murders and disappearance, to determining responsibilities, punishing the guilty parties and avoiding a recurrence of such acts; it requests the Government to keep it informed of the outcome of the inquiries.
       • (d) As regards the numerous arrests and detentions of trade unionists, the Committee requests the Government to furnish information on the situation of the trade union militants and leaders who have been arrested, as well as on such rulings as may have been handed down and the outcome of the inquiries being carried out; it also requests the Government to give the necessary instructions to the competent authorities to ensure that no detainee is subjected to ill-treatment and to impose sanctions in those cases in which ill-treatment has taken place.
       • (e) As regards the violent searching of trade union premises without a court order, the interruption of trade union meetings and the destruction and ransacking of property belonging to the organisations in question, the Committee once again requests the Government to undertake judicial inquiries into these allegations with a view to punishing the guilty parties and avoiding a recurrence of such acts; it requests the Government to inform it rapidly of the outcome of these inquiries.
       • (f) The Committee urges the Government to accept a direct contacts mission in respect of this case.

ANNEX 1

1. Murdered trade unionists
2. Name Date of murder
3. 1. Rosa Hilda Saravia de Elías (31.10.89) STITAS and FENASTRAS
4. 2. Luis Gerardo Vásquez (31.10.89) member of SIGEBAN
5. 3. Vicente Salvador Melgar (31.10.89) member of SETA
6. 4. Ricardo Humberto Cestoni (31.10.89) member of SETA
7. 5. José Daniel Meléndez (31.10.89) member of SOICSCES
8. 6. Julia Tatiana Mendoza Aguirre (31.10.89) member of STITGASC
9. 7. Febe Elizabeth Velásquez (31.10.89) member of FENASTRAS
10. 8. Miguel Angel Lazo (19.3.89) member of ANDES
11. 9. María Cristina Gómez (4.4.89) member of ANDES
12. 10. Pablo Obducio Vargas (11.5.89) member of SICAFE
13. 11. Carlos Rodríguez Domínguez (4.3.89) member of FUSS
14. 12. José Joaquín González (20.6.89) member of COACES
15. 13. Gregorio Ascencio Portillo (2.8.89) no information
16. 14. Gregorio Nuñez (2.8.89) member of ASID
17. 15. Rodolfo Andrés Prieto (12.11.89) General Secretary
18. of SETA
19. 16. Simón Massin (12.11.89) member of UNTS
20. 17. Juan Antonio Inglés (12.11.89) member of STITAS
21. 18. Leonardo Beltrán (12.11.89) member of SIDPA,
22. and General Secretary of
23. the Cooperative of Municipal
24. Employees of Santa Ana
25. 19. Héctor Gómez (12.11.89) member of ANTRAM
26. 20. Julia del Carmen Ponce Flores (31.12.89) member of "La
27. Reforma", Cooperative, La
28. Magdalena, Santa Ana
29. 21. Angel María Flores Aragón (31.12.89) member of "La
30. Reforma", Cooperative, La
31. Magdalena, Santa Ana
32. ANNEX 2
33. Trade unionists who have disappeared
34. Name Date
35. 1. Mateo Díaz Bernal (24.2.89) member of FECORAO
36. 2. Salvador Miranda (24.2.89) member of FECORAO
37. 3. Amilcar Pérez (17.3.89) affiliated to SETA
38. 4. Nicolás Aviles Urbina (22.9.89) member of ANTA
39. 5. Manuel de Jesús Molina Gómez (11.11.89) member of FUSS
40. 6. Manuel de Jesús Guevara Gómez (14.11.89) member of SETA
41. 7. Jorge Alberto Sosa (19.1.90) member of SICAFE
42. 8. Adán Chacón (19.1.90) member of SICAFE
43. 9. Mariano de Jesús Carranza
44. Menéndez (19.1.90) member of SICAFE
45. 10. Sara Cristina Chan Chan (19.8.89) member of FENASTRAS
46. ANNEX 3
47. Searching of trade union premises
48. Trade union premises searched Date of search
49. 1. Offices of ASTTEL (11.3.89)
50. 2. Premises of UNTS (21.3.89)
51. 3. Premises of FENASTRAS (26.3.89)
52. 4. Premises of FUSS (26.3.89)
53. 5. Premises of UNTS (26.3.89)
54. 6. Premises of SIGEBAN (sacked) (12.4.89)
55. 7. Premises of FUSS (20.4.89)
56. 8. Premises of FESTIAVSCES (20.4.89)
57. 9. Premises of CODYDES (20.4.89)
58. 10. Premises of ASID (15.5.89)
59. 11. Premises of FENASTRAS (25.5.89)
60. 12. Premises of FUSS (25.5.89)
61. 13. Premises of SOICSCES (sacked) (6.6.89)
62. 14. Building of hte "El Soto" Cooperative
63. (sacked) (5.7.89)
64. 15. Offices of ANTA (13.7.89)
65. 16. Offices of FENASTRAS (surrounded ba the
66. national police, entrance being refused
67. ot an international delegation) (28.7.89)
68. 17. Offices of ANTMAG (9.9.89)
69. 18. Offices of ANTMAG (sacked) (24.9.89)