Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Peru (Ratification: 1960)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report and the discussions that took place in the Conference Committee in 1990. It also notes with satisfaction the adoption of Presidential Decree No. 076-90-TR of 19 December 1990, which simplifies the registration procedures for trade unions and the conditions for the establishment of federations and confederations, makes trade union pluralism possible and sets out the right to organise of casual self-employed workers.

The Committee nevertheless recalls that its comments have referred for several years to the prohibition of the re-election of the officers of the public servants' union immediately following the end of their term of office (section 16(2) of Presidential Decree No. 003-82-PCM), the prohibition of public servants' federations and confederations from forming part of organisations representing other categories of workers (section 19, Presidential Decree No. 003-82-PCM), the necessity of changing the requirement of over 50 per cent of workers for the creation of a union, either of manual or of non-manual workers or a mixed union of manual and non-manual workers (section 11 of Presidential Decree No. 009 of 3 May 1961, as amended by section 1 of Presidential Decree No. 021 of 21 December 1962), the necessity of changing the requirement of belonging to the enterprise for election to trade union office (Presidential Decree No. 001 of 15 January 1963), and the necessity of amending section 6 of Presidential Decree No. 009 of 1961 prohibiting trade unions from engaging in political activities as institutions.

Trade union rights of public servants

1. With regard to the question of the prohibition of re-electing trade union officers for the trade unions of public servants immediately after the end of their term of office (section 16(2) of Presidential Decree No. 003-82-PCM), the Government indicates that this provision was adopted with the objective of guiding trade union organisations of public servants towards real democratisation, and that they have adopted this system, which has been accepted by their members and is set out in their own statutes. The Government adds that the necessary co-ordination will be ensured so that the required changes can be made at the appropriate time. The Committee notes this information and requests the Government to repeal this prohibition and to leave the power to decide in such cases to the members of the trade unions when they draw up their own statutes.

As regards the prohibition of the affiliation of federations and confederations of public servants to organisations which cover other categories of workers (section 19 of Presidential Decree No. 003-82-PCM), the Government indicates that the validity of this prohibition lies in the fact that the solution of labour disputes in the public sector takes place through its own procedures and that the participation of other trade union organisations, which are not confined to public servants, would not be reasonable since there is a difference in industrial relations between the public and the private sector.

The Committee notes the Government's observations but is bound to recall the recommendations that it made previously in this connection and once again requests the Government to indicate the measures that have been taken so that federations and confederations of public servants can freely join the federations and confederations of their choosing, at least at the level of higher organisations (see paragraphs 78 and 126 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

Right of workers to establish unions of their own choosing

3. With regard to the requirement that over 50 per cent of workers are needed to establish a trade union of manual workers, non-manual workers or a mixed trade union (section 11 of Presidential Decree No. 009 of 1961), the Committee notes with interest that section 5 of Presidential Decree No. 076-90-TR sets a minimum of 20 workers for the establishment of a first-level or basic trade union, and that, in the event of a plurality of first-level or basic trade unions, each trade union shall be the sole representative of its members (section 11(a)).

The Committee requests the Government to inform it whether these provisions (section 11 of Presidential Decree No. 009 of 1961 and sections 5 and 11(a) of Presidential Decree No. 076-90-TR) are mutually complementary or whether, in the event of section 11 of Presidential Decree No. 009 remaining in force, one of these provisions overrides the other.

The right of workers to elect their representatives in full freedom

4. With regard to the necessity of belonging to the enterprise to hold trade union office (Presidential Decree No. 001 of 15 January 1963), the Government indicated that the obligation to belong to the occupation had been eliminated from the General Labour Bill.

The Committee trusts once again that this new provision will be adopted in the near future so as to eliminate any obstacle to the right of workers to elect their representatives in full freedom, in accordance with Article 3 of the Convention.

Prohibition on trade unions from engaging in political activities

5. With regard to the prohibition of trade unions from engaging in political activities as institutions, by virtue of section 6 of Presidential Decree No. 009 of 1961, the Committee noted the Government's statement that this prohibition applied to trade unions and not to their individual members. The Government indicated that by their nature trade union organisations had the objective of defending the rights of the workers strictly within the field of labour and that, as trade union organisations, they did not have the mandate to represent workers at the political level, although that did not mean that they were prohibited from expressing their opinions publicly on questions concerning the policy of the State regarding the interests and rights of their members.

While noting this information, the Committee once again draws the Government's attention to the need to amend the legislation in order to guarantee trade union organisations the possibility of expressing their opinions publicly on questions of general interest, including "political" questions in the broad sense of the word so that, for example, they must be able to express their views publicly on a government's economic and social policy, since the fundamental objective of the trade union movement is to ensure the development of the social and economic well-being of all workers.

The Committee notes on the other hand that the Government has not transmitted its observations in reply to the matters raised by the Committee in its previous direct requests. The Committee must address another direct request to the Government concerning the restrictions on the right to strike still contained in the law.

The Committee trusts that the Government will take the necessary measures to bring the whole of its legislation into full conformity with the Convention as soon as possible.

[The Committee requests the Government to supply full particulars to the Conference at its 78th Session.]