Interim Report - Report No 157, June 1976

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

1. 181. The complaints and additional information supplied by the complainants were submitted in the following communications: a communication of 12 August 1975 from the Trade Unions International of Workers of the Building, Wood and Building Materials Industries (UITBB); four communications, of 15 August, 19 October (received on 25 November), 25 November 1975 and 11 February 1976, from the World Federation of Trade Unions (WFTU); two communications, of 18 August 1975 and 21 January 1976, from the World Confederation of Labour (WCL); a communication of 14 November 1975 from the Trade Unions International Federation of Agricultural, Forestry and Plantation Workers; a communication of 19 November 1975 from the Trade Unions International Textile, Clothing, Leather and Fur Workers; three communications, of 20 November and 4 December 1975 and 16 January 1976, from the International Confederation of Free Trade Unions (ICFTU); two communications of 5 December 1975 and 5 February 1976 from the World Federation of Teachers' Unions.
2. 182. The Government replied by two letters dated 5 November 1975 and 19 February 1976, received respectively during the 71st and 72nd Sessions of the Committee (November 1975 and February 1976).
3. 183. Chile has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Initial Allegations regarding the Arrest of Trade Unionists
  184. 184 The UITBB and the WFTU reported, in their communications of August 1975 the arrest of Mr. Héctor Cuevas, President of the Building, Wood and Construction Materials Federation, and of various trade unionists belonging to that organisation, on 29 July 1975. The WFTU added that the whereabouts of Mr. Cuevas were unknown and that there were fears for his life. The WCL also referred, in its letter of 18 August 1975, to the arrest of Mr. Cuevas and also to the arrest on 26 May 1975 of Mr. Exequiel Ponce, leader and ex-General Secretary of the Chilean Port Workers' Federation, ex-national leader of the Single Central Organisation of Workers (CUT); it is alleged that his safety and life also are threatened. The WCL emphasised that these two leaders had committed no offence.
  185. 185 In its communication of 5 November 1975, the Government stated that Héctor Cuevas was detained in Tres Alamos camp under Decree No. 1371 of 30 June 1975, which had been issued under the powers provided by the Constitution for conditions of emergency, for violation of the relevant regulations and for having indulged in political activities at unauthorised meetings.
  186. 186 The Government also stated that Exequiel Ponce was included in a list of extremists whom all state security authorities were under order to arrest and that he was presumed to be abroad.
  187. 187 In its communication dated 19 February 1976 the Government stated that Mr. Héctor Hugo Cuevas Salvador had been released by virtue of the provisions of Decree No. 1807 of 18 December 1975 and that he had resumed his post as President of the Building, Wood and Construction Materials Federation.
• New Allegations Submitted to the Committee
  188. 188 The WFTU claimed in its letter of 19 October 1975 that the Chilean Government had launched a series of mass arrests against workers and trade union leaders. Dozens of workers, it added, including technicians, had been arrested in the Calera mining centre. Seven leaders and four workers in the El Salvador, Potrerillos and Llanta mines had been dismissed and exiled. Ten workers in the Paipote foundry (Copiapo) had also been exiled on a charge of sabotage, for having refused to work overtime unless they received the statutory pay rates.
  189. 189 Persons arrested recently, continues the WFTU, include Héctor Cuevas (see paragraphs 184 to 187 above), José Moya, President of the National Convention of Municipal Workers, Fernando Bobadilla, General Secretary of the Textile Federation, Juan Castillo, national leader of the Mining Federation, Luis Padilla, former Secretary of the WFTU and his son, Patricio Padilla (who had already been imprisoned for a year without any charges). The WFTU also refers to members of the national management board of the CUT, Exequiel Ponce (see paragraphs 184 and 186 above), Mario Navarro, Luis Villena, Jorge Espinoza, Francisco Gómez and Juan Olivares, who have been imprisoned for many months for the sole reason, it states, that they are workers' leaders. According to the WFTU, no information is available on the whereabouts of Carlos Lorca, workers' leader and socialist deputy. The WFTU also reported, by its cable of 25 November 1975, the arrest on 18 November 1975 of the former General Secretary of the CUT, Manuel Dinamarca. In its telegram of 11 February 1976, the WFTU reports the disappearance of Oscar de la Fuente, Secretary-General of the Peasants' Confederation Ranquil and the arrest of Luis Nibaldo Retamales Ontubia, treasurer of that organisation. The UISTHCP also refers, in its letter of 19 November 1975, to the arrest of Fernando Bobadilla in September 1975.
  190. 190 By its communication of 20 November 1975, the ICFTU reports that the trade union leaders of the Ranquil Peasants' Confederation are held in the Tres Alamos concentration camp and that there are fears for their lives. It quotes the names of Josh Campusano, Enrique Avendaño and Pascual Salinas Cruz. The Trades Union International of Agricultural, Forestry and Plantation Workers' Unions, also refers, in its cable of 14 November 1975, to the arrest of Enrique Avendaño, who was detained on 12 September 1975 and has since disappeared.
  191. 191 The ICFTU also reports, in its letter of 4 December 1975, the arrest of Iván Nuñez, leader of the Single Union of Educational Workers, and Carlos Moral, who were arrested on 18 November 1975. The ICFTU mentions in a letter of 5 December 1975 that Carlos Moral is also a leader of the Single Union of Educational Workers and that the whereabouts of these two prisoners are unknown.
  192. 192 The ICFTU enclosed with its communication of 16 January 1975 a list of 19 persons, including 10 teachers, who are still imprisoned:
       • - Andrés Gómez Toledo, leader of the CUT in Puerto Montt, sentenced to 5 years' imprisonment and held in Puerto Montt prison;
       • - José David Gómez Montoya, CUT leader in Serena, sentenced to 10 years' imprisonment and held in Serena prison;
       • - Manuel Ponce Hermosilla, CUT leader in Linares, on conditional release;
       • - Luis Humberto Contreras Aravena, CUT leader in Talca, sentenced to forced labour for life (Talca penitentiary);
       • - Pedro Edgardo Gonzalez Rojas;
       • - Ariel Muñoz Sequel, CUT leader in Linares, held in Tres Alamos;
       • - Carlos Villalobos, former member of Parliament, General Secretary of the CUT in Linares, sentenced to 9 years' imprisonment (Linares prison);
       • - Iván Gordillo, Deputy General Secretary of the CUT in Antofagasta, held in the prison of that town;
       • - Bernardo Vargas Fernández, Vice-President of the Copper Confederation, national leader of the CUT, secretary of the Salvador industry union, sentenced to three years' imprisonment and held at Copiapó;
       • - Edgardo Vargas Alvarez, leader of the Punta Arenas Peasants' Federation, leader of the CUT in that town, held at Punta Arenas;
       • - Armando Ulloa U., General Secretary of the CUT in Punta Arenas and of the Peasants' Federation "18 July" in Punta Arenas, serving a sentence at Hulañe, Curicó;
       • - Hernán Alvarez Navarro, CUT leader in Punta Arenas, held in the prison of that town;
       • - Eliecer Valencia Oyarzo, held in Punta Arenas prison;
       • - Aldo Mayor Olivos, held in Punta Arenas prison;
       • - Pablo Jeria Rios, held in Punta Arenas prison;
       • - Guillermo Sáez Aravena, sentenced to 12 years' imprisonment, held in Punta Arenas;
       • - Hernán Diott Vidal, sentenced to 12 years' imprisonment, held in Punta Arenas;
       • - Fernando Salazar, General Secretary of the CUT in Talca;
       • - Luis Valencia Ferguson, Punta Arenas prison.
  193. 193 The ICFTU adds that by a Decree of 11 December 1975 the Chilean Government annulled the legal personality of the "National Teachers' Society" (founded in 1909), the "Teachers' Union of Chile" (founded in 1918), the "Secondary-School Teachers' Society", the "Industrial and Mining Teachers' Association" and the "Commercial and Technical Teachers' Association". The World Federation of Teachers' Unions submits the same allegations in its communication dated 5 February 1976. These associations, adds the ICFTU, have for many years been the defenders of the teaching profession and have succeeded in obtaining many rights for their members. The annulment of their legal personality results in confiscation of their goods and properties and reference is made to the case of 14 teachers, including Ramón Iván Nuñez and Carlos Moral (see paragraph 191 above), who have lost all their possessions.
  194. 194 The WCL claims, in its communication of 12 January 1976 that the following workers have been killed: Mónica del Carmen Pacheco Sánchez, Roberto Gallardo Moreno, Catalina Ester Gallardo Moreno, Manuel Lautaro, Alberto Gallardo Pacheco, Luis Andrés Ganga and Pedro Blas Cortés. It adds that the following trade unionists have disappeared: Manuel Dinamarca Figueroa, Ramón Iván Nuñez, Enrique Avendaño, Fernando Bobadilla, Carlos Moral Avendaño (all already mentioned, see paragraphs 189, 190 and 191), and Nicolás López. The WCL also confirms the issue of Decree 1284 of 11 December 1975 (see paragraph 193).
  195. 195 It will be recalled that the Governing Body had before it at its 198th Session (November 1975), a report on the action taken by the Government of Chile to implement the recommendations of the Fact-Finding and Conciliation Commission on Freedom of Association and the relevant resolution adopted by the international Labour Conference, It was stated in this report that the Director-General had transmitted to the Government the information which he received concerning the disappearance or arrest of various trade unionists and particularly of Francisco Gómez, Jorge Espinoza, Exequiel Ponce and Carlos Lorca, whose names are also mentioned in connection with the complaints giving rise to the present case. In its communication of 5 November 1975, the Government stated that the name of Jorge Espinoza did not appear on its files, that he was not detained and that his whereabouts were unknown. It stated that Francisco Gómez was held at Puchuncavi camp, under Decree No. 1277 of 4 July 1975, issued in exercise of Constitutional authority during a state of siege. The information concerning Exequiel Ponce is reproduced in paragraph 186 above; the Government provided no information concerning Carlos Lorca.
  196. 196 The Committee also recalls that the Workers' Vice-President of the Governing Body called its attention, during the discussion of this report, to the disappearance of José Campusano, Enrique Avendaño and Pascual Salinas Cruz (see paragraph 190 above) and of Manuel Dinamarca (see paragraph 189 above), his wife and two children.
  197. 197 In its communication dated 19 February 1976, the Government transmitted the following information concerning some of the persons mentioned by the complainants: the following have been released: Fernando Bobadilla, Carlos Hermando Morales Salazar (by virtue of Decree No. 990 of 15 April 1975), José Moya Pérez (by virtue of Decree No. 1370 of 31 July 1975), Luis Alberto Padilla Padilla (by virtue of Decree No. 1547 of 17 September 1975) and Luis Villega Avellano. In accordance with a provision of Decree No. 167 of 9 September 1975, Juan Sergio Castillo Rubilar went to Panama. The following are neither registered nor are they detained: Enrique Arendaño, Pascual Salinas, Juan Olivares and Jorge Espinoza. The following are detained: José Agustin Campusano (by Decree No. 1623 of 14 October 1975, issued by virtue of the powers conferred under the state of emergency), accused of extremist activity (infiltration in the armed forces); Manuel Sergio Dinamarca Figueroa (detained in "Tres Alamos" under Decree No. 1812 of 18 December 1975); Ramón Iván Nunez Prieto (detained in "Tres Alamos" under Decree No. 1744 of 20 November 1975) accused of being a political activist; Luis Patricio Padilla Hermosilla (detained in Puchuncavi under Decree No. 1693 of 7 November 1975); Mario Navarro Castro (detained in Puchuncavi under Decree No. 1584 of 30 September 1975). As regards Iván Gordillo, the Government recalls having reported on his situation on 29 November 1974, as was noted in the report of the Fact-Finding and Conciliation Commission on Freedom of Association (Appendix 1, page 3).
  198. 198 The Government states that once it has received the files from the competent authorities on the remainder of the persons whose names are given in the complaints transmitted by the Office in its communications dated 29 January and 5 February 1976, it will send the relevant information. The Government points out, however, that the complaints transmitted are drawn up in terms which are offensive or refer to persons who are not trade unionists, or to trade unionists who are free, or concerning whom the Government has already replied, or who have been duly tried.
  199. 199 In conclusion, the Government repeats that the detention or sentencing of trade unionists have arisen out of acts of a political nature or offences against national security, but that they have never arisen out of acts which are proper to a trade union leader.

B. B. The Committee's conclusions

• Conclusions of the Committee
  200. 200 The Committee notes that some of the trade unionists who were detained were subsequently liberated. The Committee has pointed out the danger involved for trade union rights by arrests of trade unionists concerning whom no grounds for conviction are subsequently found. The Government should, therefore, take steps to ensure that the authorities concerned should receive proper instructions designed to eliminate the risk of unwarranted arrests. The Committee has also considered that the granting to a trade unionist of his freedom on condition that he leaves the country is not compatible with the free exercise of trade union rights.
  201. 201 In connection with other situations similar to those described in several of the complaints, the Fact-Finding and Conciliation Committee had stated that priority should be given to certain objectives: viz. that the trade unionists in custody should be released or brought to trial under procedures which provide full safeguards of defence and impartial judgement, and that persons should be guaranteed the right not to be arrested except in accordance with the ordinary criminal procedure. The Commission also considered that the dissolution of a trade union organisation was a matter for the courts.
  202. 202 In the light of the aforementioned report on the action taken by the Chilean Government on the Commission's recommendations and the Conference resolution, the Governing Body instructed the Director-General, at its 198th Session (November 1975), to request the Government, in accordance with article 19 of the Constitution, to report by 1 April 1976 on developments in the situation, and in particular to provide satisfactory replies with respect to matters including those referred to in paragraph 201 above, and to request the Committee on Freedom of Association to examine that report and submit a report to the Governing Body at its 200th Session (May 1976).

The Committee's recommendations

1. 203. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note that some of the trade unionists who were in detention have recently been released, and to draw the attention of the Government, in this connection, to the considerations set forth in paragraph 200 above, in particular, to the danger involved for trade union rights by arrests of trade unionists against whom no grounds for conviction are subsequently found;
   • (b) to emphasise the importance of the recommendations of the Fact-Finding and Conciliation Commission, mentioned in paragraph 201 above, and to recall, in particular, that trade unionists who are detained should either be liberated or tried in accordance with procedures which provide full safeguards of defence and impartial judgement;
   • (c) to request the Government to supply detailed information concerning the other trade unionists mentioned in the complaints, especially as regards the specific acts of which they are accused, and whether these persons are in detention, and on the annulment of the legal personality of the associations mentioned in paragraph 193 above;
   • (d) to request the Government to provide the information requested by 1 April 1976, together with the report referred to in paragraph 202 above, it being understood that the Committee will submit a further report to the Governing Body in May 1976.