Interim Report - Report No 172, March 1978

Case No 858 (Ecuador) - Complaint date: 27-AUG-76 - Closed

1. 288. By a telegram dated 27 August 1976, the Latin American Federation of Farmworkers submitted a complaint of infringement of freedom of association in Ecuador. The text of this communication was transmitted to the Government, which forwarded its observations by a letter dated 26 September 1977.
2. 289. Ecuador has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 290. In its telegram the Latin American Federation of Farmworkers alleged that the Government had intervened during the Congress of the FENOC (Federation of Farmworkers of Ecuador), and that 250 delegates had been arrested.
2. 291. In its reply, the Government stated that it was public knowledge in Ecuador that the FENOC had organised a subversive meeting directed against the regime. This action was deemed to be illegal by the authorities, since under the law demonstrations of a political nature jeopardising the security of the State are totally prohibited. In consequence, a number of persons had been arrested, and once penalties had been imposed upon them for breaches of public order they were immediately released.
3. 292. The Government added that it had not taken over control of any trade union organisation, and that all workers' organisations were carrying on their activities normally. According to the Government, there were splits in certain trade union associations because of ideological and political differences among their leaders.

B. B. The Committee's conclusions

1. 293. The Committee notes the information supplied by the Government. It must observe, however, that the Government has not indicated the reasons why the congress organised by the FENOC was held to be subversive. Nor does the Government specify the type of penalties imposed upon the persons arrested, nor the nature of the body which imposed them. In this connection the Committee recalls that where trade unionists are accused of political or criminal offences which the Government considers to have no relation to their trade union functions, the persons concerned should be given a prompt and fair trial by an independent and impartial judiciary.

The Committee's recommendations

1. 294. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note with interest that the trade union delegates arrested are now at liberty;
   • (b) to request the Government to supply particulars as to the reasons why the FENOC Congress was considered to be subversive, to specify the type of penalties imposed and the nature of the body which imposed them, and to furnish the texts of the judgements handed down, if any, together with the reasons adduced therefor;
   • (c) to take note of the present interim report.