Interim Report - Report No 181, June 1978

Case No 873 (El Salvador) - Complaint date: 15-MAR-77 - Closed

1. 167. The Committee already examined this case at its session in November 1977, when it presented interim conclusions in paragraphs 341 to 352 of its 172nd Report. The Governing Body approved this report in November 1977 (204th Session).
2. 168. El Salvador 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), nor the Rural Workers' Organisations Convention, 1975 (No. 141).

A. A. The complainants' allegations

1. 169. The WCL alleged that because of repression by the Salvadorian Government, action by the El Salvador Peasants' Central Union (CCS) in defence of rural workers was becoming increasingly difficult. The complainants added that militants of the organisation had been accused of illegal occupation of land and arrested on 27 October 1976; they were being held in the prison of Ilobasco, Cabañas Department. The persons concerned were Gilberto Echeverría Méndez, Julián Pilár Echeverría, Dolores Amadeo Rivas, Jose Santos Aguilar and Alejandro Apolonio Méndez. The WCL stated that the land in question belonged to the CEL autonomous company and not to the two landowners (Gamaliel Menjivar and Elias de Jests Rivas) who had denounced the militants. The complainants saw this as proof that violence had become institutionalised in El Salvador, since persons who did not own the land in question had succeeded, by means of forged documents and false witnesses, in having prison sentences passed on the peasants by the judges.
2. 170. The allegations still outstanding also related to the imprisonment of a peasant militant, Francisco Girón Ramos, who according to the WCL had been detained since 29 January 1977 in the Santa Tecla prison, Department of La Libertad, on charges of slandering the authorities of Rosario de Mora; according to the complainants this accusation was designed to divert attention from the real activities of the person concerned in the field of peasants' trade unionism.
3. 171. In its reply the Government explained, as regards the persons accused of illegal occupation of land, that Mr. Elias de Jests Rivas Peña had lodged a complaint on 27 September 1976 with the judge of first instance of Ilobasco, on the grounds that the persons in question had forced their way on to his property without authorisation, had taken possession of land and had prevented him from exploiting it. They had also destroyed the fences separating Mr. Rivas Pena's property from that of Mr. Jose Antonio Menjivar. According to the Government Mr. Rivas Peña had produced his title deeds before the court. Various witnesses had confirmed that the accused had used violence to gain access to the land and had begun to work on it. The examining magistrate had checked that the illegally occupied land was part of the plaintiff's property, and on 19 October 1976 the judge of first instance, considering that there was sufficient proof, had ordered the arrest of the persons concerned and decided to bring the case before a court.
4. 172. The Government further indicated that Francisco Girón Ramos had been arrested on 30 January 1977 for being drunk and disorderly, and had been held in the Rosario de Mora municipal prison. According to a witness, he had destroyed identity documents and official gazettes in the town hall. The justice of the peace, continued the Government, had ordered him to be placed under temporary arrest. This measure was confirmed by the penal judge and Mr. Ramos was placed under preventive detention at the Nueva San Salvador prison. He was subsequently released on bail on 15 March 1977. The proceedings were continuing.
5. 173. The Government pointed out that the cases before the Committee had been the subject of judicial investigation; in the course of the trials, neither the accused nor their counsel had alleged that violations of human rights and freedom of association had been committed. The Government added that the El Salvador Peasants' Central Union was not an occupational association organised in conformity with the provisions of the Labour Code, nor had it applied to the authorities for recognition as a special association, as provided for under the civil Code.
6. 174. The Committee noted, in November 1977, that in order to enable it to come to a decision on the substance of the case, and in particular to determine whether the proceedings instituted had a bearing on the exercise of trade union rights, it would be most useful for it to have at its disposal the texts of judgements rendered. On the recommendation of the Committee the Governing Body requested the Government to provide these judgements.
7. 175. In a letter of 16 February 1978 the Government states that the proceedings instituted against Francisco Girón Ramos for destruction of original documents are still in progress and that the judgement will be communicated in due course. The Committee takes note of this information.
8. 176. The Government also sends a copy of the judgements rendered in respect of the other persons mentioned, from which it transpires that the acts complained of - illegal occupation of land by violent means and damage to the property of Elias de Jests Rivas Peña - occurred on 26 September 1976. The accused, who had already been freed on bail, were acquitted on 25 June 1977 by a judgement of a court of first instance; the judgement was upheld following an appeal. The decision became final on expiry of the time limit for lodging an appeal against it.

B. B. The Committee's conclusions

1. 177. The Committee is aware that agricultural workers' unions are confronted with special difficulties in many countries. The International Labour Conference has recently examined problems of rural workers' unions and their role in economic and social development, and adopted a Convention and a Recommendation on the subject in 1975. According to Article 4 of this Convention, it shall be an objective of national policy concerning rural development to facilitate the establishment and growth, on a voluntary basis, of strong and independent organisations of rural workers as an effective means of ensuring the participation of rural workers, without discrimination, in economic and social development and in the benefits resulting therefore. Paragraph 5 of the Recommendation adds that such organisations should, as appropriate, be able to involve the various categories of rural workers, according to the interests of each, at all stages of implementation of programmes of agrarian reform, land settlement and land development.
2. 178. The Committee has already considered on earlier occasions cases relating in particular to peasants who had occupied land to which they claimed a right, and in such cases it has always considered that the questions raised related to land ownership and tenure governed by specific national legislation having nothing to do with the problems of freedom of association.
3. 179. In the present case the Committee notes that the five peasant militants mentioned by the complainants have been released. These persons, as is clear from the texts of the judgements communicated by the Government, were accused of illegal occupation of land by violent means and damage to property. The Committee accordingly considers that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 180. In these circumstances it recommends the Governing Body:
   • (a) to note with interest the release of the five peasant militants mentioned by the complainant and to decide, for the reasons set forth in the previous paragraph, that this aspect of the case calls for no further examination;
   • (b) to request the Government to communicate, as already promised, the text of the judgement rendered in the case of Francisco Girón Ramos, with the reasons adduced therefor;
   • (c) to take note of the present interim report.