Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Chile (Ratification: 1999)

The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 30 August 2013 concerning the application of the Convention, particularly the allegations concerning the murder of a trade union official in the electrical engineering sector, the assault of a trade union official in the dock sector by the police, the threats to unionized workers in the courier services sector and the dispersal of demonstrators. The Committee notes these allegations with concern and requests the Government to send its observations on these matters.

For several years, the Committee has been asking the Government to amend or repeal various legislative provisions, or to take measures to ensure that all workers are afforded the guarantees laid down in Articles 2 and 3 of the Convention.

Specifically, the Committee has asked the Government to take steps to: (i) ensure that officials of the judiciary are afforded the guarantees set forth in the Convention; (ii) amend article 23 of the Political Constitution, which provides that the holding of trade union office is incompatible with active membership of a political party and that the law shall establish penalties for trade union officials who engage in political party activities; (iii) amend various sections of the Labour Code concerned with the right to strike; and (iv) amend section 48 of Act No. 19296, which grants broad powers to the Directorate of Labour for the supervision of the accounts and financial and property transactions of associations. The Committee notes that the Government reiterates as in its previous report, its willingness, to incorporate into the relevant national legislation all the necessary provisions to ensure prompt alignment with the Convention. The Committee hopes that the Government will take all the necessary measures in the very near future to bring the legislation into conformity with the Convention.

The Committee reminds the Government that, in the context of the reform of the legislation, it may avail itself of technical assistance from the Office if it so wishes.