Report in which the committee requests to be kept informed of development - Report No 218, November 1982

Case No 823 (Chile) - Complaint date: 12-AUG-75 - Closed

1. 247. The Committee has examined this case on several occasions and, in particular, at its May 1982 meeting when it submitted an interim report to the Governing Body.
2. 248. The Government has supplied its observations in a communication of 13 September 1982.
3. 249. Chile has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 250. At its May 1982 Session, the Committee had reached interim conclusions on the outstanding aspect of the case, namely the proceedings against ten leaders of the National Trade Union Coordination Body (Coordinadora Nacional Sindical), (CNS), including Messrs. Manuel Bustos and Alamiro Guzmán, respectively President and General Secretary of that organisation. The Committee had noted that these two leaders were no longer imprisoned. However, considering the new allegations that they and eight other leaders of the CNS had been sentenced by the Appeal Court to 540 days' imprisonment and that they would serve their sentence if the appeal they had brought was rejected, the Committee had stressed the danger to the free exercise of trade union rights of measures of detention and sentencing of workers' representatives in connection with activities related to the protection of the interests of the persons they represent. Noting that appeals had been brought, the Committee had requested the Government to keep it informed of the results of the case.
2. 251. Furthermore, the Committee had asked to be kept informed of any developments in two other aspects of the case: the inquiries into the disappearance of trade unionists and former trade unionists, and of developments in trade union legislation.

B. The Government's reply

1. 252. In its letter of 13 September 1982, the Government points out that on 14 June 1982, the Ministry of the Interior dropped the judicial action it had taken against ten leaders of the illegal organisation Coordinadora Nacional Sindical on the grounds that they had usurped the role of workers' representatives in violation of Decree No. 2347 of 1978. The examining magistrate had accepted that the judicial action be abandoned and ordered the withdrawal of the action from the list of current proceedings and the filing away of all the information in the dossier. The Ministry of the Interior's decision to drop the case has the effect of cancelling the criminal action and quashing the sentence passed at first instance.
2. 253. The Government makes it clear that its aim in adopting this measure is to enable the accused to change their behaviour.
3. 254. The Government attaches to its letter the Minister of the Interior's letter abandoning the proceedings, and the decisions taken by the examining magistrate.

C. The Committee's conclusions

1. 255. The Committee notes with interest that the judicial proceedings against the leaders of the Coordinadora National Sindical have been dropped and that the prison sentences passed at first instance have been quashed. The Committee is convinced that these measures will help to restore a climate favourable to the development of industrial relations in the country. It expresses the firm hope that it will now be possible to establish constructive social relations between Government, employers' organisations and workers' unions of all tendencies.
2. 256. Finally, as the Government's reply contains no information on the trade union legislation and the disappearance of trade unionists and former trade unionists, the Committee must recall that it wishes to be kept informed of any developments in the matter of trade union legislation, as well as of the development of the inquiries under way into the disappearances. It urges the Government to adopt amendments to bring the trade union law into conformity with the principles of freedom of association.

The Committee's recommendations

1. 257. In these circumstances, the Committee recommends the Governing Body to approve the following conclusions:
   • (a) The Committee notes with interest that the proceedings brought against the leaders of the Coordinadora Nacional Sindical have been dropped and that the prison sentences passed at first instance have been quashed. It expresses the firm hope that it will now be possible to establish constructive social relations between the Government, employers' organisations and trade unions of all tendencies.
   • (b) The Committee again urges the Government to adopt amendments to bring the trade union law into conformity with the principles of freedom of association. It requests the Government to keep it informed of any developments as regards the trade union legislation.
   • (c) The Committee also requests the Government to keep it informed of the development of the inquiries under way into the disappearance of trade unionists and former trade unionists.