Interim Report - Report No 281, March 1992

Case No 1273 (El Salvador) - Complaint date: 05-APR-84 - Closed

1. 270. The Committee has already examined this case on seven occasions (see 236th, 243rd, 251st, 256th, 259th, 268th and 272nd Reports of the Committee, approved by the Governing Body, respectively, in November 1984, February 1986, May 1987, May and November 1988, November 1989 and May-June 1990) when it presented interim conclusions. This case was also among the cases presented against the Government of El Salvador which were examined jointly by the direct contacts mission which visited the country in January 1986.
2. 271. The Government made partial observations in a communication of 30 November 1990, which was sent to the ILO on 5 April 1991. Since then, the Government has not sent the information requested. At its November 1991 meeting (see 279th Report, para. 7), the Committee stated that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it would present a report on the substance of this case at its next meeting even if the observations or information requested from the Government had not been received in due time.
3. 272. El Salvador has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1949 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 273. When it last examined Case No. 1273 (see the 272nd Report of the Committee, paras. 262-272 (May-June 1990)), the Committee made the following recommendations on the allegations still pending: "The Committee urges the Government to inform it of the progress in the trial concerning the murder of the trade union official José Arístides Méndez (which commenced in July 1986) and to reply to the allegations concerning the serious threats against two female members of the Coffee Union (Mrs. Castañeda and Mrs. Marta Alicia Sigüenza) in April 1988; the disappearance of the trade unionist Alberto Luis Alfaro on 17 March 1988; the death of the trade unionists Jesús Rodas Barahona (13 April 1988) and Julio César Inglés Chinchilla (May 1988); and the dynamiting of the ASTTEL premises on 30 April 1988."

B. The Government's reply

1. 274. In its communication dated 30 November 1990 (sent to the ILO on 5 April 1991), the Government refers to certain problems of a trade union nature within the National Telecommunications Administration (ANTEL) (problems which are totally unrelated to the outstanding allegations, and specifically to the attempted dynamiting of the premises of the Association of Salvadorian Telecommunications Workers (ASTTEL) on 30 April 1988). In this context, the Government adds that the ASTTEL is an association governed by the Civil Code, and not a trade union; that the complaint presented by the WFTU against the ANTEL is slanderous with respect to that organisation's officials; that the ASTTEL has participated in stirring up popular unrest which has led to criminal activities; and that the leadership of the ASTTEL has falsely and maliciously accused the former president of the ANTEL of responsibility in the murder of three employees of that enterprise.

C. The Committee's conclusions

1. 275. The Committee deplores the fact that the Government, in its observations, has not replied to the specific allegations outstanding in this case in spite of the gravity of these allegations and the fact that the Committee had addressed three urgent appeals for this information, at its meetings of February, May and November 1981 (see 277th, 278th and 279th Reports, paras. 11, 7 and 7, respectively).
2. 276. The Committee again reminds the Government that the purpose of the whole procedure is to promote respect for trade union rights in law and in practice. The Committee is convinced that if the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance for their own reputation of formulating, so as to allow objective examination, detailed replies to the allegations brought against them (see First Report, para. 31, approved by the Governing Body in March 1952).
3. 277. The Committee recalls that the allegations which have been outstanding in this case since it was last examined in May-June 1990, refer to a request for information on the progress in the trial concerning the murder of trade union leader José Arístides Méndez, which commenced in July 1986, the serious threats against two members of the Coffee Union (Mrs. Castañeda and Mrs. María Alicia Sigüenza), the death of trade unionists Jésus Rodas Barahona, on 13 April 1988, and Julio Inglés Chinchilla, in May 1988, and the dynamiting of the ASTTEL premises on 30 April 1988.
4. 278. Once again, the Committee expresses its concern at the seriousness of these allegations and requests the Government to reply to them urgently, stating whether judicial investigations have been carried out with a view to clarifying the allegations, identifying the parties responsible, punishing the guilty and preventing the recurrence of such acts. Likewise, the Committee again requests the Government to inform it of developments in the trial concerning the murder of the trade union leader José Arístides Méndez.
5. 279. The Committee draws the Government's attention to the fact that a climate of violence, such as that surrounding the murder or disappearance of trade union leaders, constitutes a serious obstacle to the exercise of trade union rights; such acts require severe measures to be taken by the authorities (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 76).
6. 280. Given the seriousness of this case and the new political situation in the country, the Committee considers that it would now be appropriate for a direct contacts mission to visit the country. It therefore urges the Government to accept such a mission.

The Committee's recommendations

1. 281. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expresses the hope that the encouraging political developments taking place in the country will allow for a decisive improvement in the exercise of trade union rights and a rapid reply to all the allegations.
   • (b) Nevertheless, the Committee must once again deeply deplore the total lack of cooperation so far by the Government in the Committee's procedure and the fact that the latter has been obliged to examine these serious allegations without the Government's reply.
   • (c) Once again the Committee emphasises the principle according to which trade union rights can be exercised only in a climate that is free from violence, pressure or threats of any kind against trade unionists; it is for governments to ensure that this principle is respected.
   • (d) The Committee again expresses its concern at the seriousness of the allegations and requests the Government to reply to them urgently, and to state whether judicial investigations have been carried out for the purposes of clarifying the alleged facts, identifying the parties responsible, punishing the guilty and preventing the recurrence of such acts. Likewise, the Committee again requests the Government to inform it of developments in the trial concerning the murder of the trade union leader José Arístides Méndez, which commenced in July 1986.
   • (e) The Committee urges the Government to accept a direct contacts mission on this case.