Report in which the committee requests to be kept informed of development - Report No 294, June 1994

Case No 1706 (Peru) - Complaint date: 19-MAR-93 - Closed

1. 320. The Committee examined this case at its November 1993 meeting and submitted an interim report to the Governing Body (see 291st Report, paras. 475-488, approved by the Governing Body at its 258th Session (November 1993)). The Government subsequently sent new information in communications dated 7 January, 16 February and 18 April 1994.
2. 321. In its communication of 25 May 1993, the Latin American Central of Workers (CLAT) supported the complaint of the FNTPJ and submitted certain information concerning this case.
3. 322. Peru has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), and the Labour Relations (Public Service) Convention, 1978 (No. 151).

A. Previous examination of the case

1. 323. In the previous examination of the case by the Committee, one allegation remained pending, namely that by virtue of Legislative Decrees Nos. 25446 and 25812, which established a procedure for evaluating staff of the judiciary, the authorities had unilaterally dismissed nine trade unionists, thus violating regulations which protect public employees from dismissal and guarantee them the right to defend themselves in the course of evaluation procedures (see 291st Report, para. 479).
2. 324. The Government consequently pointed out that an evaluation committee had been set up, comprised of three members of the Supreme Court, to evaluate the staff of the judiciary. This committee was to present its final report to the full court, which was to decide whether the workers were to be confirmed in their posts or dismissed. The Government explained that the aim of this procedure was to investigate visible signs of wealth which could point to misconduct on the part of officials, and that the anti-corruption campaign in the judiciary provides for all appropriate guarantees; it added that it would nevertheless request information from the Supreme Court regarding the alleged violation of the trade union rights of the dismissed union leaders (see 291st Report, para. 481).
3. 325. The Committee requested the Government to inform it of the outcome of its request for information from the Supreme Court concerning the dismissal from their posts of nine trade union leaders who were formerly engaged in the judiciary (see 291st Report, paras. 487 and 488 (c)).

B. Information from the Latin American Central of Workers

1. 326. In its communication of 1 September 1993, the Latin American Central of Workers supports the complaint presented by the National Federation of Workers of the Judiciary, pointing out that the nine workers of the judiciary who had been dismissed were Eudes Canchari Pisco, Mauricio Eulogio Carrión Calderón, Jorge Zapata Leyva, Julio Ubilluz Limon, Luis Novoa Otero, Germán Flores Huertas, Pilar Quevedo Rojas, Vicente Huanacune and José Luis Puppi Aguado, and that they had been dismissed for being trade union leaders.

C. The Government's reply

1. 327. In its communication of 7 January 1994, the Government states that section 6 of Legislative Decree No. 25446, as amended by Legislative Decree No. 25812, establishes an evaluation committee composed of three members of the Supreme Court, appointed by the full Court, to evaluate the Supreme Court and Higher Court magistrates, judges of the first instance, professional justices of the peace, court registrars and reporting clerks, registrars in the lower courts, general secretaries, administrative court secretaries and auxiliary and administrative staff of the judiciary. To this end, the committee was authorized to request from various state agencies information needed to obtain evidence concerning certain signs of wealth which could point to misconduct on the part of officials in the judiciary, in other words an apparent disproportion between one's income and one's material possessions. It would subsequently hold a hearing for any worker under investigation, who at such time could present evidence considered to be pertinent in his or her defence. Once the proceedings were analysed, the evaluation committee would draft its final report for presentation to a plenary session of the Supreme Court which would exonerate or dismiss the individuals concerned.
2. 328. The Government adds that, in this context, the anti-corruption campaign in the judiciary provides for all appropriate guarantees. For this reason, measures adopted by the various Higher Courts regarding the separation of duties as questioned by the complainant organizations are not intended to violate any ILO Convention, nor much less separate trade union leaders from their trade union activities inasmuch as these measures are as closely linked to the standards in question as they are to the above-mentioned anti-corruption campaign.
3. 329. In further communications, the Government states that the dismissal of the nine trade union leaders was based on the above-mentioned legislative decrees and forms part of the restructuring of the State. It is consistent with programmes to reorganize and modernize the various branches of government which affects not only trade union leaders but also individuals at the highest levels, such as magistrates and jurisdictional auxiliaries. Therefore, in no way can it be construed that the nine trade union leaders were indiscriminately dismissed because of their trade union functions.

D. The Committee's conclusions

1. 330. The Committee notes the Government's denial that the nine trade union leaders for jurisdictional staff referred to in the allegations were dismissed because of their status as trade union leaders. The Committee also notes that the Government describes the facts in the context of the evaluation procedure which aims, inter alia, to fight corruption in the judiciary as part of state restructuring programmes that affect every category of jurisdictional staff and not only the persons in question.
2. 331. First of all, because the Government considers the dismissal of the leaders in question to be part of restructuring plans, the Committee wishes to emphasize the advisability of giving priority to workers' representatives with regard to their retention in employment in case of reduction of the workforce, to ensure their effective protection (see 270th Report, Case No. 1498 (Ecuador), para. 178).
3. 332. Secondly, the Committee notes that according to the Government the dismissals in question took place under an evaluation procedure designed, inter alia, to fight corruption in the judiciary; however, the Government fails to provide details of professional misconduct or concrete examples of corruption that could be attributed to the nine trade union leaders referred to in the allegations. In this sense, the Committee wishes to point out the ambiguity of the expression "corruption in the judiciary", and is unable to exclude the possibility that the decision to dismiss these trade union leaders was the result of their status of leaders or related to their trade union activities. The Committee thus draws the Government's attention to the principle that no person should be dismissed or prejudiced in his employment by reason of his trade union membership or legitimate trade union activities.
4. 333. In these circumstances, the Committee requests the Government to take steps so that competent authorities will initiate without delay an investigation of the dismissals in question, and if anti-trade union motives are confirmed, to reinstate the dismissed leaders. The Committee also asks the Government to keep it informed in this regard.

The Committee's recommendations

1. 334. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to take steps so that competent authorities will initiate without delay an investigation in the dismissals of the nine trade union leaders for jurisdictional staff referred to in the allegations, and if anti-trade union motives are confirmed to ensure that the dismissed leaders are reinstated in their posts.
   • (b) The Committee also asks the Government to keep it informed in this regard.