Interim Report - Report No 172, March 1978

Case No 868 (Peru) - Complaint date: 25-OCT-76 - Closed

1. 295. By a communication of 25 October 1976, the Peruvian Fishermen's Federation submitted a complaint containing allegations of infringements of trade union rights in Peru. The text of this communication was transmitted to the Government, which submitted its comments in a letter dated 8 June 1977.
2. 296. Peru has ratified 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. 297. In its complaint, the Peruvian Fishermen's Federation stated that by Legislative Decree No. 21558 of 20 July 1976, the Government ordered the transfer of the fleet of the enterprise Pesca Perú to small private firms. According to the complainants, these measures deprived the fishermen of their right to work and of the social benefits and advantages they had struggled to obtain, particularly that of security of employment.
2. 298. The Peruvian Fishermen's Federation went on to explain that, since 9 September 1976, national leaders and ordinary fishermen and their wives had been persecuted by the Government, arrested and detained. They stated that over 100 persons were being held in the State security prisons.
3. 299. The complainant organisation also stated that when the Ministry of Fisheries declared open the fishing season, all the fishermen refused to go to sea until the Government had agreed to discuss with them and release the detainees. According to the Peruvian Fishermen's Federation, the Government then ordered the dismissal of all anchovy fishermen belonging to Pesca Perú, with an obligation to re-register before 28 October 1976. This registration, added the complainants, obliged the fishermen to give up their rights and advantages.
4. 300. In its reply, the Government explained that the public fish meal and oil production enterprise Pesca Perú held a monopoly for the industrial transformation of anchovies into meal and oil, an activity vital for the country's development. From 1975, the situation in that undertaking was critical. A commission composed of representatives of all the sectors concerned had studied the situation and concluded that the enterprise would have to be restructured and reorganised. In application of Legislative Decree No. 21558, adopted for the purpose, the State continued to transform and to market anchovies, but the fishing itself was left to small private undertakings, composed of the workers who served in the Pesca Perú fishing fleet or private enterprises. Pesca Perú workers were granted considerable facilities and 90 per cent of the boats were purchased by them.
5. 301. However, continued the Government, a group of persons and certain trade union leaders of the Peruvian Fishermen's Federation, in an effort to slow down the country's economic recovery, brought pressure to bear on the workers with a view to preventing them complying with the provisions of the legislative decree. Moreover, on 18 October 1976, they persuaded some crews to start an untimely strike accompanied by acts of terrorism against the non-striking fishermen. This took place in Lima, Callas, Huacho, Supe and Chincha. It was shown by the police investigations carried out that the workers belonging to the "Commando Miguel Grau Rebelde y Combatiente" were opposed to the official date for the opening of the fishing season. The Government provided, in this connection, a list of the persons affected by these terrorist acts.
6. 302. Following the investigations, an order was issued for the arrest of the suspected persons. The persons involved were Luis Arce Boya, Marcos Bejarano, Abelardo Ojeda and two other persons, The Government explained that these measures were not directed against the trade union representatives on account of their union activities, but solely for punishable acts. Only five persons had been arrested and once the investigations were complete, they were released. No person was at present being held in connection with this case. The Government also stated that it had not violated the rights and social advantages of the workers.

B. B. The Committee's conclusions

1. 303. The Committee notes that the case before it concerns the arrest of trade union leaders following a strike in the fishing sector. The Committee also notes that, according to the Government, these measures were not taken on account of the trade union activities of the persons concerned, but because of punishable acts. The persons have since been released. Whilst noting these releases, the Committee considers it appropriate to remind the Government that the arrest by the authorities of trade unionists regarding whom no grounds for conviction are subsequently found may seriously restrict freedom of association. If the Government had sufficient grounds for believing that the persons concerned had been involved in criminal acts, these persons should have been rapidly brought before the courts to be tried with all the safeguards of a normal judicial procedure.
2. 304. The Committee also noted the appearance in the official Journal of an order No. 29-76-9 n 5500 of 12 November 1976, by which the Ministry of Labour has withdrawn representative status from the Peruvian Fishermen's Federation leaders vis-à-vis the State administrations and public and non-public bodies. The reasons for this decision include, in particular, the statement that the strike launched by these leaders conflicted with the state of emergency and that terrorist acts had been committed against persons and private property.
3. 305. The Committee considers that such measures adopted by the administrative authorities create problems with regard to Article 3 of Convention No. 87, ratified by Peru, according to which workers' organisations have the right to elect their representatives in full freedom and the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof. The Committee would like the Government to transmit any comments it might wish to make concerning this Order.

The Committee's recommendations

1. 306. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note with interest the release of the arrested trade union leaders, but to call the attention of the Government to the principles set out in paragraph 303 above;
   • (b) to call the attention of the Government to the terms of Article 3 of Convention No. 87 concerning the right of workers' organisations to elect their representatives in full freedom;
   • (c) to invite the Government to submit its comments concerning the withdrawal of representative status from the Peruvian Fishermen's Federation leaders by virtue of Ministry of Labour Order No. 29-76-9n 5500 of 12 November 1976;
   • (d) to take note of the present interim report.