Interim Report - Report No 139, 1974

Case No 765 (Chile) - Complaint date: 17-SEP-73 - Closed

1. 553. The complaint of the World Federation of Trade Unions is contained in a communication addressed to the ILO on 17 September 1973. The WFTU formulated new allegations in two subsequent communications dated 26 September and 4 October 1973. The complaint of the Trade Unions International of Workers of the Building, Wood and Building Materials Industries is contained in a communication dated 18 September 1973. The International Confederation of Free Trade Unions sent its complaint to the ILO in a communication dated 25 September 1973. The complaint of the Latin American Central of workers is contained in three communications dated 13, 24 and 24 September 1973. This complaint was supported by the World Confederation of Labour. The International Metalworkers' Federation addressed its complaint to the ILO on 27 September 1973, and the complaint of the Trade Unions International of Food, Tobacco, Hotel and Allied Industries Workers is contained in a communication dated 27 September 1973. The Trade Unions International of Workers in Commerce forwarded its complaint in two communications dated 17 September and 1 October 1973. The Trade Unions International of Public and Allied Employees forwarded its complaint in two communications dated 17 September and 5 October 1973. The Miners' Trade Unions International sent its complaint in two communications dated 17 September and 3 October 1973. The complaints of the Trade Unions International of Textile, Clothing, Leather and Fur Workers, the Trade Unions International of Agricultural, Forestry and Plantation Workers and the Trade Unions International of Chemical, Oil and Allied Workers are contained in communications dated 5, 10 and 11 October 1973 respectively.
2. 554. In view of the allegations formulated and the fears concerning the lives of several trade unionists expressed by the world Federation of Trade Unions in its first communication, the contents of the complaint were transmitted to the Government by telegram and then by letter indicating that this was a case considered urgent according to the procedure in force. All the other complaints were also submitted to the Government as they came in so that the Government might send its observations as soon as possible.
3. 555. During the session of the Committee on 5 November 1973 a reply was received from the Government.
4. 556. Chile has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Protection of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations Made by the Complainants
  557. 557 In its communication of 17 September 1973, the World Federation of Trade Unions refers to the arrest of numerous trade union leaders, and expresses fear for the lives of Luis Figueroa, Rolando Calderón, Ernesto Vogel, Eduardo Rojas, Octavio González, Luis Guzmán, Fidelma Allende, Manuel Dinamarca, Mario Navarro, Aldo Romachiotti, Tucapel Jiménez, Jorge Godoy, Juan Ponce and Gilberto Garcia, in particular, all leaders of the Single Central Organisation of Chilean Workers, and of Jorge Espinoza, Roberto Prieto and Benedicto Cerqueira, of the Secretariat of the Permanent Congress of Trade Union Unity.
  558. 558 In its communication dated 13 September 1973 the Latin American Central of Workers (CLAT) asks that, faced with the situation in which Chilean workers at present find themselves and in order to save the lives of numerous workers, militants and trade union leaders, the ILO should send a mission to Chile. The CLAT states that the Government is infringing all the rights of the workers and their organisations and is organising a violent campaign of repression against them as well as against the Latin American trade unionists who found refuge in Chile. It requests the ILO to intervene with the Chilean Government in order to re-establish trade union freedoms and rights.
  559. 559 In their respective communications, the Trade Unions International of Workers of the Building, Wood and Building Materials Industries, the International Metalworkers' Federation, the Trade Unions International of Food, Hotel, Tobacco and Allied Industries Workers, the Trade Unions International of Workers in Commerce, the Trade Unions International of Public and Allied Employees, the Miners' Trade Unions International, the Trade Unions International of Textile, Clothing, Leather and Fur workers, the Trade Unions International of Agricultural, Forestry and Plantation Workers, and the Trade Unions International of Chemical, Oil and Allied workers allege that numerous trade union leaders have been imprisoned or are being actively sought by the military authorities and that trade union rights are being violated or that they have no news of several trade union leaders. These complainants request the ILO to intervene in order to free the trade union leaders and ensure respect of trade union rights.
  560. 560 In a second communication dated 26 September 1973, the World Federation of Trade Unions states that it has been informed of the arrest of Roberto Prieto, a Uruguayan trade unionist, Secretary of the Permanent Congress of Trade Union Unity and Vice-President of the Trade Unions International of Food, Tobacco, Hotel and Allied Industries Workers, and expresses its grave anxiety for the fate of Benedicto Cerqueira and Jorge Espinoza, leaders of the Permanent Congress of Trade Union Unity, of whom it has no news. The WFTU states in its letter of 4 October 1973 that the President of the Single Central Organisation of Chilean Workers, Luis Figueroa, is being sought by the authorities, and adds that a reward of 500,000 escudos is offered to any person giving information on his whereabouts.
  561. 561 In their respective communications, the International Confederation of Free Trade Unions, the International Metalworkers' Federation, the World Federation of Trade Unions, the Trade Unions International of Public and Allied Employees and the Trade Unions International of Textile, Clothing, Leather and Fur Workers condemn the dissolution of the Single Central Organisation of Chilean Workers (CUTCH) by the Chilean Government. The Trade Unions International of Public and Allied Employees and the Trade Unions International of Textile, Clothing, Leather and Fur Workers state that their member organisations in Chile have been dissolved. The Trade Unions International of Chemical, Oil and Allied Workers indicates that the organisation affiliated with it in Chile has had its activities banned arbitrarily.
• Reply of the Government
  562. 562 The reply of the Government received on 5 November 1973 contains a detailed explanation of its point of view concerning the conditions under which the change in the political regime in Chile was brought about as well as the reasons for this change.
  563. 563 As regards the allegations relating to the dissolution of the CUTCH, the Government notes that measures were taken to cancel the legal personality of the Single Central Organisation of Workers, which had been proved to be a political instrument and not a union, serving interests contrary to those of the workers. Its unrepresentative character, its declaration of principles in which it proposes the establishment of Marxism-Leninism in Chile, the gerrymandered election of its latest national executive to the detriment of the democratic majority, its constant perfidy to the workers' cause during the last three years, and its entire dependence on the state employer, prejudicial to the interests of its members, constrained the Government, it claims, to cancel its corporate existence. One fact in itself is alleged to demonstrate the total political dependence of the Single Central Organisation of Workers. The Act recognising its corporate existence (Act No. 17594) provides in section 2 that the social aims can under no circumstances be "connected with the policies of a party or be of an electoral nature". Yet, the Government continues, this trade union organisation was of such a political nature, and its activities were controlled by the Government to such an extent, that of the four Labour Ministers who sat in Señor Allende's Cabinet, three were officers of the Single Central Organisation of Workers. Two of them replaced each other in their functions as minister of Labour and Social Affairs.
  564. 564 As regards the allegations relating to the imprisonment of trade union leaders, the Government states that no trade union leaders have been imprisoned or actively sought out as has been stated to the ILO and that basic human rights have not been violated. The Government states that a few extremists were also union leaders and had engaged in acts of violence such as sabotage, illegal possession of weapons, armed resistance to police officers and illegal trafficking on the black market in goods for the most part coming from the premises where they worked and that they must answer for such acts in a court of law like any criminal at any period in the history of Chile. All these persons are being tried by the courts in accordance with the legal procedures and provisions that have been in force in Chile for a number of years. Some others have sought asylum in the embassies of foreign countries thus proving, according to the Government, their participation in criminal acts. The Government adds that Chile is living under the political conditions of civil war which forces it to adopt certain legal restrictions of a temporary and exceptional nature that will be repealed once peaceful civil conditions have been re-established through the disarming of guerrilla forces and a one-man executive has been elected freely and democratically.
  565. 565 In an appendix the Government refers to the persons mentioned by name in the complaints and states that three of them, Luis Figueroa Mazuela, Fidelma Allende and Benedicto Cerqueira de Silva, are refugees in certain embassies and that one of them, Rolando Calderón, is detained on Dawson Island and that proceedings have been commenced against him. Further, the Government notes that none of the other persons mentioned in the complaint of the WFTU is in detention.

B. B. The Committee's conclusions

1. 566. The Committee has experienced particular difficulty in dealing with this case because the Government's reply reached it after the commencement of its session. In these circumstances it is not able to examine the substance of the issues placed before it nor can it reach any final conclusions. The Committee is perfectly aware of the serious situation which surrounds the case under its consideration. It wishes to point out in this respect that in cases where it has considered complaints concerning alleged infringements of trade union rights committed under a state of emergency or a state of siege or under the terms of an internal security Act, it has always expressed the opinion that it was not competent to come to a decision on the need or the advisability of such legislation, which is a question purely political in character, but it has been of the opinion that it should consider the repercussions which such legislation might have on the free exercise of trade union rights.
2. 567. In these circumstances the Committee proposes to examine the case thoroughly at its next session, taking into account any new supplementary information which may be transmitted by either the complainants or the Government.

The Committee's recommendations

1. 568. At present, however, and as a preliminary measure, the Committee recommends the Governing Body:
   • (a) to express its concern at gravity of the allegations posed in the various complaints with respect to which it has just received a reply from the Government;
   • (b) without at present coming to a conclusion as to the substance of the complainants' allegations, to call the attention of the Government
   • (i) to the importance which it attaches to the generally accepted principle that employers' and workers' organisations should not be subject to suspension or dissolution by administrative authority;
   • (ii) to the importance which it attaches to the principle of a fair trial by an independent and judiciary, and if possible by the regular courts, in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions;
   • (c) to request the Government to transmit any supplementary information which it may obtain on the latest developments concerning the situation of the several persons mentioned in the complaints about whom it has already supplied certain information; and
   • (d) to take note of the present interim report, it being understood that the Committee will submit a new report to the Governing Body at its next session, taking into account any supplementary information which may be transmitted by either the complainants or the Government.
     • Geneva, 9 November 1973 (Signed) Roberto AGO, Chairman.