Definitive Report - Report No 222, March 1983

Case No 1162 (Chile) - Complaint date: 01-OCT-82 - Closed

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122. In a communication, dated 1 October 1962, the International Confederation of Free Trade Unions (ICFTU) submitted a complaint of violation of trade union rights in Chile. The Government supplied its observations in a letter dated 24 November 1982.
123. Chile has not ratified 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).

124. In its complaint, the ICFTU alleges that Mr. Hernán Mery Toro, a leader of the Coordinadora Nacional Sindical (CNS) was subjected to harassment by the Chilean security services. It explains that, on 27 September 1982, Hernán Mery left his home at 9 a.m. to go to the headquarters of the CNS in order to attend a meeting of the National Executive of the organisation and to give a press conference on the economic and social situation of Chilean workers.
125. On entering his car, continues the ICFTU, he realised that he was being watched by individuals in plain clothes who, on seeing him drive off, followed closely behind in another can In the middle of the journey, the pursuing car shot forward and bumped violently into that of Hernán Mery. The occupants of the car identified themselves as members of the National Central Information Organisation, and abused and threatened Hernán Mery for his activities.
126. The ICFTU observes that this attack presents the same characteristics as the acts of intimidation perpetrated against Tucapel Jiménez, chairman of the National Grouping of Public Employees, before he was murdered. The ICFTU declares in conclusion that it fears for the life of Hernán Mery.

127. The Government indicates, in reply to the complaint, that the authorities responsible for protecting public order and safety have no information about the facts recounted in the ICFTU's communications. It adds that the police and security organs have not received any complaint from the person concerned on this subject. Likewise, Mr. Hernán Mery has not filed any accusation with the courts. The Government considers therefore that the ICFTU's complaint should be rejected as unfounded.

128. The Committee notes that the allegations in this case concern the harassment by the security services of the leader of a national trade union Organisation. The Government, for its part, declares that it has no knowledge of the facts mentioned in the complaint.
129. The Committee must express its concern over the fact that the authorities do not seem to have carried out an inquiry to determine the responsibility in this case. It must recall that it has already had to deal with allegations of this type in ether oases relating to Chile. It considers it useful to draw the Government's attention to the fact that a climate of insecurity and fear characterised by acts of intimidation against trade union leaders constitutes a serious threat to the exercise of trade union rights and that such acts should call for severe measures on the part of the authorities.

Recommendations of the Committee
1. 130 In these circumstances, the Committee recommends the Governing Body to approve this report and in particular the following conclusions:
  - (a) The Committee expresses its concern over the fact that the authorities do not appear to have carried out an inquiry to determine the responsibility in this case.
  - (b) The Committee points out that a climate of insecurity and fear characterised by acts of intimidation against trade union leaders constitutes a serious threat to the exercise of trade union rights and that such acts should call for severe measures on the part of the authorities.