Informe provisional - Informe núm. 381, Marzo 2017

Caso núm. 2923 (El Salvador) - Fecha de presentación de la queja:: 13-ENE-12 - Activo

Allegation: Murder of a trade union leader

1. 386. The Committee last examined this case at its March 2016 meeting, when it presented an interim report to the Governing Body [see 377th Report, paras 299–313, approved by the Governing Body at its 326th Session (March 2016)].
2. 387. The Government sent new observations in a communication dated 31 October 2016.
3. 388. El Salvador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Workers’ Representatives Convention, 1971 (No. 135), and the Labour Relations (Public Service) Convention, 1978 (No. 151).

A. Previous examination of the case

1. 389. In its previous examination of the case in March 2016, the Committee made the following recommendations [see 377th Report, para. 313]:
   • – The Committee, deeply deploring and condemning the murder of union leader Mr Victoriano Abel Vega, firmly urges the Government to provide information on the criminal proceedings initiated, and trusts that tangible progress will be made in the near future that will lead to clarification of the facts, identification of the guilty parties and the imposition of commensurate punishment in accordance with the law, with a view to preventing such types of criminal offences. The Committee firmly urges the Government and all the competent authorities to take without delay all possible steps in accordance with the law to identify the perpetrators of this murder and to ensure that the alleged anti-union motives behind it are investigated in greater depth.
   • – Accordingly, as the complainant organizations have linked the murder of the trade union leader to his union activities, and in particular to his advocacy for the establishment of a union in the municipal services of San Sebastián, the Committee urges the Government to refer the allegations relating to the dismissal of the union’s founding members to the competent authorities and, to this end, invites the complainant organizations to provide further information relating to the allegations and to any complaints filed in connection with them. The Committee requests the Government to keep it informed in this regard.
   • – Lastly, the Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The Government’s reply

1. 390. In its communication of 31 October 2016, the Government reiterates its strong commitment to shedding light on the murder of Mr Victoriano Abel Vega. In this respect, the Government states that the investigation was referred to the Special Unit against Organized Crime of the National Civil Police to clarify the facts and identify those responsible. The Government indicates that the Ministry of Labour and Social Welfare also requested the establishment of a special committee to conclude the investigation into the case but that the Office of the Public Prosecutor considered it inappropriate since the investigation had been assigned to a special unit of the Public Prosecution Service.
2. 391. With regard to the conduct of the investigations, the Government indicates that in March 2016 the new Public Prosecutor reported that the possibility of a link between Mr Abel Vega’s trade union activities and his murder had been included in the lines of investigation but that, to date, the only new detail uncovered was that one of the firearms used to commit the crimes was connected with gangs.
3. 392. In addition, the Government states that it has continued its work to facilitate the progress of the investigation, highlighting the referral of communications and bilateral meetings between the parties concerned to gather information on progress made and report on the international implications of the case in relation to the Committee’s conclusions, and to those of the Committee of Experts on the Application of Conventions and Recommendations and of the Committee on the Application of Standards. In this regard, the Government indicates that the Ministry of Labour and Social Welfare met once again with the Public Prosecutor in August 2016, that both reaffirmed the desirability of concluding the investigation and resolving the case as soon as possible and that in September 2016 the Minister made a request to the Public Prosecutor for a new hearing. The Government reaffirms its commitment to shedding light on the crime so that it does not go unpunished and states that it will continue to take the necessary steps to help the competent bodies to expedite the investigation process.

C. The Committee’s conclusions

1. 393. The Committee recalls that the allegations in the present case refer to the murder, on 16 January 2010 in the city of Santa Ana, of Mr Victoriano Abel Vega (general secretary of the Union of Municipal Workers of Santa Ana (SITRAMSA)). He died from multiple gunshot wounds received as he was leaving the City Sanitation Services office, where he had gone to submit a letter requesting leave to attend a union meeting of the Autonomous Confederation of Salvadorian Workers (CATS). The complainant organizations highlighted the fact that, upon leaving the office, Mr Victoriano Abel Vega, who had already received death threats for his union activities, was killed by five persons who had been lying in wait for him and who then fled in a waiting vehicle.
2. 394. In its last examination of the case, the Committee noted the Government’s statement to the effect that, despite the various steps taken, it had not been possible to identify the perpetrators, that the investigation remained open and that the Public Prosecutor had expressed the wish that the investigation be expedited. The Committee notes the Government’s latest observations, according to which: (i) meetings and communication with the competent bodies, in particular with the Public Prosecutor, have continued in order to expedite the investigation, in which the desirability of resolving the case as soon as possible has been reaffirmed; and (ii) despite the various steps taken, it has not yet been possible to identify the perpetrators but the investigation remains open in a special unit of the Public Prosecution Service, and the possibility of a link between Mr Victoriano Abel Vega’s trade union activities and his murder has been included in the lines of investigation.
3. 395. While duly noting the actions indicated by the Government and its commitment to shedding light on the crime so that it does not go unpunished, the Committee deeply deplores the murder of union leader Mr Victoriano Abel Vega and deeply regrets that, although it took place on 16 January 2010, more than seven years later the authorities have still not identified the perpetrators of this heinous murder or any accomplices. Noting once again that, despite the steps taken, it seems that no tangible progress has been made regarding the investigation, the Committee once again urges the Government and all the competent authorities to take all possible steps to identify the perpetrators of the murder without delay and to ensure that the alleged anti-union motives behind it also keep on being investigated in depth.
4. 396. The Committee highlights once again the seriousness of the allegations, deeply deplores and condemns once again the murder of the trade union leader and again reiterates the recommendation made at its June 2014 meeting requesting the Government to keep it informed of developments relating to the criminal proceedings initiated, and trusts that tangible progress will be made in the near future regarding clarification of the facts, identification of the guilty parties and the imposition of commensurate punishment in accordance with the law, with a view to preventing such types of criminal offences.
5. 397. As regards the allegations of dismissal of the union’s founding members, the Committee notes with regret that the Government has not responded to the Committee’s recommendation to refer the investigation into the allegations to the competent authorities and observes that the complainant organizations have not provided additional information on the matter either. The Committee recalls that no person should be dismissed or prejudiced in employment by reason of trade union membership or legitimate trade union activities, and it is important to forbid and penalize in practice all acts of anti-union discrimination in respect of employment [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 771]. The Committee reiterates its previous recommendation and requests the Government and the complainant organizations to keep it informed of any pending issues in this regard.

The Committee’s recommendations

1. 398. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee, deeply deploring and condemning the murder of trade union leader Mr Victoriano Abel Vega, once again firmly urges the Government to keep it informed of developments relating to the criminal proceedings initiated, and trusts that tangible progress will be made without delay regarding clarification of the facts, identification of the guilty parties and the imposition of commensurate punishment in accordance with the law, with a view to preventing such types of criminal offences. The Committee once again urges the Government and all the competent authorities to take all possible steps in accordance with the law to identify the perpetrators of this murder without delay and to ensure that the alleged anti-union motives behind it also keep on being investigated in depth.
   • (b) The Committee once again requests the Government and the complainant organizations to keep it informed of any pending issues relating to the allegations of dismissal of the union’s founding members, including referring the allegations to the competent authorities.
   • (c) Lastly, the Committee draws the Governing Body’s attention to the extremely serious and urgent nature of this case.