Report in which the committee requests to be kept informed of development - Report No 297, March 1995

Case No 1693 (El Salvador) - Complaint date: 19-JAN-93 - Closed

172. The complaint under Case No. 1693, presented by the International Federation of Building and Wood Workers (IFBWW), was examined by the Committee at its November 1993 meeting, at which it reached interim conclusions (see 291st Report, paras. 505 to 515, approved by the Governing Body at its 258th Session (November 1993)). No observations have been received since then from the Government.

1. 172. The complaint under Case No. 1693, presented by the International Federation of Building and Wood Workers (IFBWW), was examined by the Committee at its November 1993 meeting, at which it reached interim conclusions (see 291st Report, paras. 505 to 515, approved by the Governing Body at its 258th Session (November 1993)). No observations have been received since then from the Government.
2. 173. The complaint under Case No. 1754 and additional information in support of it were presented by the International Confederation of Free Trade Unions (ICFTU) in communications dated 5 January, 25 May and 28 June 1994. The complaint under Case No. 1757 was presented by the National Sugar Industry Trade Union (SINA) in a communication dated 20 January 1994.
3. 174. At its November 1994 meeting, the Committee observed that, although the complaints had been presented or examined some time ago, it had not received the information that it had requested from the Government. The Committee drew the Government's attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of these cases, even if the observations or information requested had not been received in due time. The Committee accordingly requested the Government to transmit its observations or information as a matter of urgency (see 295th Report of the Committee, para. 13). Since then it has not received any reply from the Government.
4. 175. El Salvador has not ratified the Freedom of Association and protection of the Right to Organize Convention, 1948 (No. 87), or the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of Case No. 1693

1. 176. After the Committee's previous examination of the case (November 1993), the allegations concerning the dismissal of 50 workers from ARCO Engineering S.A. de C.V. for being members of the Trade Union of Building, Labourers and Similar Workers of El Salvador (SOICSES) and the arrest of eight striking workers as a result of a march were still pending. With regard to the latter allegation, the Government stated that the eight workers had been charged with assaulting the police, that the matter was before the courts and that the accused had been released pending their trial.
2. 177. The Committee made the following recommendations (see 291st Report, para. 515): "The Committee regrets that the Government has not replied to the allegation concerning the dismissal of 50 workers from the ARCO Engineering S.A. de C.V. enterprise, and asks it to do so before its next meeting"; "The Committee asks the Government to keep it informed of the outcome of the judicial proceedings against the workers - who have now been released - who were arrested on 19 August 1993 as a result of a march of striking workers in the ARCO enterprise".

B. Allegations of the complainant in Case No. 1754

1. 178. In its communications of 5 January, 25 May and 28 June 1994, the International Confederation of Free Trade Unions (ICFTU) alleges that on 27 March 1994 Heriberto Galicia Sánchez, an official of the National Sugar Industry Trade Union (SINA), and Pedro Constanza, a member of the Union, were assassinated. The same day, four SINA members of the Jiboa Central Sugar Refinery were seriously injured when unknown persons armed with machine guns shot at the vehicle in which they were travelling from the refinery.
2. 179. The complainant further alleges the following violations of trade union rights:
   • - in November 1993, 15 workers of the La Central Distillery S.A. de C.V. were dismissed for organizing a trade union;
   • - on 6 December 1993, Mandarín Internacional S.A. de C.V. of the San Marcos free zone dismissed 100 members of the subsection of the Trade Union of Workers in the Cotton, Synthetics, Similar and Allied Industry, including the entire executive committee;
   • - the dismissal from the Crédito Immobiliario S.A. banking enterprise of 28 members of the Trade Union of the General Industry of Bank Employees - including nine union officials - in order to bring about the union's "legal" dissolution since it would no longer have the minimum number of members.

C. Allegations of the complainant in Case No. 1757

1. 180. The National Sugar Industry Trade Union (SINA) alleges in its communication of 20 January 1994 that two officials of the General Confederation of Trade Unions and of the Federation of Trade Unions of Food, Beverage and Similar Workers, with senior posts in the social service, have encouraged the setting up of a parallel trade union with the authorities with the intention of undermining the SINA. This is part of a strategic plan of the Government's that involves the two officials who support its policy.
2. 181. The SINA adds that there were irregularities in the constitution of the parallel trade union, which the Ministry of Labour supports, since the provisions of the Labour Code were not respected. Initially the parallel union was set up at the level of the industry, and it subsequently became an enterprise-level union without a new general assembly being held. The Ministry of Labour is currently backing the two officials who initiated the setting up of the parallel union so that the SINA loses its status as the official representative of the workers in INAZUCAR and CORSAIN.

D. The Committee's conclusions

1. 182. The Committee observes with serious concern that the allegations in the present cases refer to the assassination of, and injuries inflicted upon, union officials and members, to detentions, to numerous anti-trade union dismissals and to interference in the functioning of trade union organizations.
2. 183. The Committee regrets that, despite the direct contacts mission which took place in El Salvador in 1993, serious violations of trade union rights have subsequently occurred and with respect to which the Government has not sent any comments.
3. 184. To begin with, the Committee cannot but deplore the fact that the Government has not responded to the allegations despite repeated invitations to it to send its observations, including an urgent appeal by the Committee at its November 1994 meeting (see 295th Report, para. 13). This being so, and in accordance with the relevant procedure (see para. 17 of the 127th Report of the Committee, approved by the Governing Body at its 184th Session), the Committee finds itself obliged to submit a report on the substance of the matter since it does not possess the information that it hoped to receive from the Government. In this connection, the Committee reminds the Government that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects the government against unreasonable accusations, governments on their side will recognize the importance for their credibility of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward (see First Report, para. 31, approved by the Governing Body in March 1952).
4. 185. With respect to the alleged assassinations (Heriberto Galicia Sánchez, an official of the SINA, and Pedro Constanza, a member of the same trade union) and attempts to cause bodily harm (four members of the SINA), the Committee condemns these crimes and calls on the Government to take the necessary steps as quickly as possible to initiate procedures to clarify the facts, determine responsibilities and punish the guilty parties, and to keep it informed of the outcome of those procedures. Furthermore, the Committee reiterates its previous conclusions concerning the detention of eight workers at ARCO Engineering S.A. de C.V. who were later freed. The Committee therefore requests the Government to keep it informed of the outcome of the judicial proceeding against these workers who are currently free and who were detained on 19 August 1992 as a result of a march of strikers at the ARCO enterprise.
5. 186. With regard to the allegations of anti-union discrimination, the Committee observes that the complainants have referred to the following cases: dismissal of 15 workers from the La Central Distillery S.A. de C.V. for having set up a trade union; dismissal by Mandarín Internacional S.A. de C.V. of 100 members of the Trade Union of Workers in the Cotton, Synthetics, Similar and Allied Industry (including the entire executive committee); and dismissal from Crédito Immobiliario S.A. of 28 members of the Trade Union of the General Industry of Bank Employees (including nine union officials), with the intention of bringing the union's membership below the legal minimum.
6. 187. In this connection, the Committee draws the Government's attention to the principle that no worker should be dismissed for union membership or activities, stresses its concern at the high number of alleged anti-union dismissals and requests the Government to conduct an investigation, as rapidly as possible, into whether the dismissals in the said enterprises were on account of the workers' union membership or activities and, if so, to take the necessary measures to enable them to secure reinstatement in their jobs and to ensure the application against the said enterprises of the corresponding legal sanctions. The Committee requests the Government to keep it informed of the outcome of this investigation and any reinstatement of the workers.
7. 188. With regard to the alleged anti-union interference against the SINA with a view to the creation of a parallel trade union in the INAZUCAR and CORSAIN enterprises, the Committee draws the Government's attention to the fact that the public authorities and employers should refrain from promoting the creation of trade union organizations dominated by them. Consequently, the Committee requests the Government to conduct an immediate investigation into the allegations and, should they prove founded, to take legal action against those responsible for the interference. The Committee requests the Government to keep it informed on the subject.

The Committee's recommendations

1. 189. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) With regard to the alleged assassinations (Heriberto Galicia Sánchez, an official of the SINA, and Pedro Constanza, a member of the same trade union) and attempts to cause bodily harm (four members of the SINA), the Committee condemns these crimes and calls on the Government to take the necessary steps to initiate procedures as rapidly as possible to clarify the facts, determine responsibilities and punish the guilty parties, and to keep it informed of the outcome of those procedures.
   • (b) The Committee once again requests the Government to keep it informed of the outcome of the judicial proceeding against the workers who are currently free but were detained on 19 August 1992 as a result of a march of striking workers at the ARCO enterprise.
   • (c) With regard to the numerous allegations of anti-union dismissals in ARCO Ingenieros S.A. de C.V., the La Central Distillery S.A. de C.V., Mandarín Internacional S.A. de C.V. and Crédito Immobiliario S.A., the Committee draws the Government's attention to the principle that no worker should be dismissed for union membership or activities, and requests the Government to conduct an investigation, as rapidly as possible, into whether the dismissals in the said enterprises were on account of the workers' union membership or activities and, if so, to take the necessary measures to enable these workers to secure reinstatement in their posts and to ensure the application of legal sanctions against the above-mentioned enterprises. The Committee requests the Government to keep it informed of the outcome of this investigation and the reinstatement of any workers.
   • (d) With regard to the alleged anti-union interference against the SINA with a view to the creation of a parallel trade union in the INAZUCAR and CORSAIN enterprises, the Committee draws the Government's attention to the fact that the public authorities and employers should refrain from promoting the creation of trade union organizations dominated by them. Consequently, the Committee requests the Government to conduct an immediate investigation into the allegations and, should they prove founded, to take legal action against those responsible for the interference. The Committee requests the Government to keep it informed in this respect.