Informe provisional - Informe núm. 404, Octubre 2023

Caso núm. 3395 (El Salvador) - Fecha de presentación de la queja:: 14-AGO-20 - Activo

Allegations: The complainant organizations denounce the murder for anti-union reasons of Mr Weder Arturo Meléndez Ramírez, trade union official and worker at the Municipality of San Salvador

1. 337. The Committee examined this case at its June 2021 meeting. On that occasion, it presented an interim report to the Governing Body [see 395th Report, approved by the Governing Body at its 342nd Session (June 2021), paras 174–203]. 
2. 338. The Government sent its observations in a communication dated 5 October 2021.
3. 339. 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), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 340. At its June 2021 meeting, the Committee made the following recommendations [see 395th Report, para. 203]:
   • The Committee deeply deplores the murder of the trade union official, Mr Meléndez, and urges the Government to take all necessary steps to ensure that the competent authorities: (i) prioritize the ongoing investigations and devote all necessary efforts to identify and punish without delay both the instigators and perpetrators of the murder; and (ii) take full account in the investigations of all relevant elements arising from Mr Meléndez’s trade union activities. The Committee requests the Government to keep it informed, without delay, of the progress made in this respect.
   • The Committee requests the Government to ensure that the workers from the institution in which Mr Meléndez carried out his trade union activities enjoy adequate protection against any act that may cause prejudice to them by reason of their participation in union activities.
   • The Committee requests the Government to provide up-to-date information on the actions taken in relation to the initiative “Proposal for reform of the Criminal Code”, which was drafted by the MTPS with the aim of improving the protection of the freedom of association of trade union leaders and trade unionists.
   • The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.

B. The Government’s reply

1. 341. By means of a communication dated 5 October 2021, the Government transmitted, firstly, information on the actions taken in connection with the investigations to identify the perpetrators of Mr Meléndez’s murder (recommendation (a) of the Committee), stating that: (i) the Attorney General and the Director of the National Civil Police were once again requested, in a letter of 21 September 2021, to provide information on the progress of the corresponding investigations, and to follow up on the actions undertaken concerning this case; and (ii) it was awaiting the relevant responses.
2. 342. With respect to recommendation (b) of the Committee on the need to provide members of the trade union to which Mr Meléndez belonged with adequate protection against any act that may cause prejudice to them by reason of their participation in union activities, the Government transmitted the observations of the Mayor of San Salvador city, who indicates that: (i) the regulations governing labour relations between workers’ associations and the administration of the municipality of San Salvador, whose purpose is to regulate and organize relations between the administration and the associations of municipal workers, are applied; and (ii) the San Salvador municipal administration ensures the safety of workers through its corps of municipal police officers, and as a municipality they do not carry out acts intended to undermine the workers of the institution who belong or might belong to trade union associations. The Government adds that steps are being taken to obtain more information on the execution of the measures to protect workers against any act that may cause prejudice to them by reason of their participation in union activities in the said workplace.
3. 343. Concerning recommendation (c) of the Committee on the actions taken in relation to the “Proposal for reform of the Criminal Code” initiative, which was drafted by the Ministry of Labour and Social Welfare with the aim of improving the protection of the freedom of association of trade union officials, the Government states that: (i) in response to the murder of the trade union leader and official Weder Meléndez, it was proposed to conduct an analysis of legislative changes that would protect against, penalize and eradicate similar acts and those that may affect workers by reason of their membership in trade unions; (ii) in this context, it became apparent that it was necessary to include such acts that go against workers’ freedom of association as aggravating circumstances in the Penal Code and to increase the penalties for them; and (iii) the proposal for reform is under examination within the Ministry of Labour and Social Welfare for subsequent submission to the Legislative Assembly.

C. The Committee’s conclusions

1. 344. The Committee recalls that the purpose of the present case is to denounce the murder for anti-union reasons of Mr Weder Arturo Meléndez Ramírez, a trade union official and worker of the Municipality of San Salvador, which occurred on 7 August 2020 in San Salvador. The Committee takes note of the information provided by the Government in a communication of 5 October 2021. While noting that the Government indicates that it once again requested the Attorney General’s Office and the National Civil Police to follow up on the actions undertaken to identify and punish the perpetrators of Mr Meléndez’s murder, the Committee deeply deplores the fact that it has no new information concerning the progress made in the relevant investigations.
2. 345. The Committee recalls once again that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 94]. It is important that investigations into the murders of trade unionists yield concrete results in order to reliably determine the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future [see Compilation, para. 96]. The Committee also recalls that it is important that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated. Furthermore, the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators. [see Compilation, para. 102].
3. 346. The Committee therefore once again urges the Government to take the necessary steps to ensure that the competent authorities: (i) prioritize the ongoing investigations and devote all necessary efforts to identify and punish without delay both the instigators and perpetrators of the murder; and (ii) take full account in the investigations of all relevant elements arising from Mr Meléndez’s trade union activities. The Committee requests the Government to keep it informed, without delay, of the progress made in this respect.
4. 347. In connection with recommendation (b) on the need to provide the members of the trade union to which Mr Meléndez belonged with adequate protection against any act that may cause prejudice to them by reason of their participation in union activities, the Committee takes note of the information provided by the municipal administration of San Salvador submitted by the Government, according to which: (i) the regulations governing labour relations between workers’ associations and the administration of the municipality of San Salvador, whose purpose is to regulate and organize relations between the administration and the associations of municipal workers, are applied; and (ii) the San Salvador municipal administration ensures the safety of workers through its corps of municipal police officers, and as a municipality they do not carry out acts intended to undermine the workers of the said institution who belong or might belong to trade union associations. The Committee also notes that the Government adds that steps are being taken to obtain more information on the execution of the measures to protect workers against any act that may cause prejudice to them by reason of their participation in union activities in the workplace. While duly noting the information related to the actions taken by the municipal administration of San Salvador, the Committee, recalling that the complainants allege that Mr Meléndez’s murder is a consequence of his trade union activities, urges the Government to ensure that all of the competent state authorities take the necessary actions to provide the members of the union to which Mr Meléndez belonged with adequate protection against any act that may cause prejudice to them by reason of their participation in union activities. The Committee requests the Government to provide specific information in this respect.
5. 348. In connection with recommendation (c) on the actions taken in relation to the “Proposal for reform of the Criminal Code” initiative, which was drafted by the Ministry of Labour and Social Welfare with the aim of improving the protection of the freedom of association of trade union leaders, the Committee notes that the Government indicates that: (i) in the context of the murder of Mr Meléndez, it became apparent that it was necessary to characterize the anti-union nature of the offences committed against union leaders and trade unionists by reason of their trade union activity as an aggravating circumstance in the Penal Code and to increase the corresponding penalties; and (ii) the proposal for reform is under examination within the Ministry of Labour and Social Welfare for subsequent submission to the Legislative Assembly. Observing that it has not received any new information on the progress in handling of this initiative since October 2021, the Committee urges the Government to keep it informed of any developments. The Committee reminds the Government that it can seek technical assistance from the Office in this respect.

The Committee’s recommendations

1. 349. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply deplores the lack of information on progress in the investigations into the murder of the trade union official, Mr Meléndez, and once again urges the Government to take all necessary steps to ensure that the competent authorities: (i) prioritize the ongoing investigations and devote all necessary efforts to identify and punish without delay both the instigators and perpetrators of the murder; and (ii) take full account in the investigations of all relevant elements arising from Mr Meléndez’s trade union activities. The Committee requests the Government to keep it informed, without delay, of the progress made in this respect.
   • (b) The Committee urges the Government to ensure that all of the competent state authorities take the necessary actions to provide the members of the union to which Mr Meléndez belonged with adequate protection against any act that may cause prejudice to them by reason of their participation in union activities. The Committee requests the Government to provide specific information in this respect.
   • (c) The Committee urges the Government to keep it informed of any progress in the handling of the “Proposal for reform of the Criminal Code” initiative, which was drafted by the Ministry of Labour and Social Welfare with the aim of improving the protection of the freedom of association of trade union leaders. The Committee reminds the Government that it can seek technical assistance from the Office in this respect.
   • (d) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.