Report in which the committee requests to be kept informed of development - Report No 233, March 1984

Case No 1228 (Peru) - Complaint date: 24-AUG-83 - Closed

1. 176. The complaint is contained in a communication from the World Confederation of Organisations of the Teaching Profession (WCTOP) dated 24 August 1983. The Government replied in a communication dated 2 November 1933.
2. 177. 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. Allegations of the complainant

1. 178. The WCOTP alleges that the Peruvian Government is indiscriminately discrediting non-governmental international organisations by accusing them of taking advantage of international co-operation in order to provide material support to the "Sendero Luminoso" terrorist group. The complainant considers that such accusations constitute a serious obstacle to its action in favour of Peruvian teachers.
2. 179. More specifically, the complainant goes on, the Peruvian authorities are disturbing the relations between national trade union organisations and international organisations by confiscating their mail. Between January and July of 1983 its affiliate, the Union of Peruvian Educational Workers (SUTEP), consisting at present of more than 90,000 teachers at all levels, tried on three occasions to send mail to the WCOTP (whose headquarters are in Morges, Switzerland), including important reports concerning co-operation with the SUTEP for defending its rights at the international level. None of the dispatches reached Morges.
3. 180. The complainant adds that no other international correspondent of the SUTEP received mail from it during the same period. It would therefore seem that, by order of a higher authority, the Peruvian postal authority is systematically intercepting all SUTEP mail addressed abroad.
4. 181. The complainant concludes by stating that such a measure seriously jeopardises the organisation's international relations and impairs the right of trade union organisations to affiliate with international organisations.

B. The Government's reply

1. 182. The Government states that a perusal of the complaint shows that the alleged violation would not be a violation of freedom of association but a violation of postal secrecy, an offence punishable under section V of the Peruvian Penal Code. The Government therefore considers that the complaint should be declared irreceivable and adds that those concerned may denounce the alleged offence to the judicial authorities.

C. The Committee's conclusions

1. 183. The Committee notes that in the present complaint the World Confederation of Organisations of the Teaching Profession (with headquarters in Morges, Switzerland) alleges that, despite three attempts by its affiliate, the Union of Peruvian Educational Workers (SUTEP), to send mail to it between January and June 1983, none of the dispatches reached it. The complainant also points out that no other international correspondent of the SUTEP received mail from it during the same period, so that it would seem that all SUTEP mail addressed abroad is being systematically confiscated.
2. 184. The Committee takes note of the Government's observations, in particular that those concerned may bring action before the courts alleging violation of postal secrecy and that, in its opinion, the alleged facts do not constitute a violation of freedom of association and that the complaint should be declared irreceivable. In this respect, the Committee wishes to point out that the principles laid down in Article 5 of Convention No. 87 (in particular the right of all workers' organisations to affiliate with international organisations of workers) imply the right of national and international trade union organisations to maintain contact with one another, as the Committee of Experts on the Application of Conventions and Recommendations recognised in its General Survey on freedom of association and collective bargaining (1983). (See International Labour Conference, 69th Session, 1983, Report III (Part 4 B), para. 251.)
3. 185. Accordingly, the Committee requests the Government to carry out an inquiry into the alleged confiscation of SUTEP mail addressed abroad (in particular mail addressed to the World Confederation of Organisations of the Teaching Profession) and to inform it of the outcome.

The Committee's recommendations

1. 186. In these circumstances, the Committee recommends the Governing Body to approve this report, and in particular the following conclusions:
   • Considering that the right of trade union organisations to affiliate with international organisations (Article 5 of Convention No. 87) implies the right of national and international organisations to maintain contact, the Committee requests the Government to carry out an inquiry into the alleged confiscation of SUTEP mail addressed abroad (in particular mail addressed to the World Confederation of Organisations of the Teaching Profession) and to inform it of the outcome.