Definitive Report - Report No 236, November 1984

Case No 1280 (Chile) - Complaint date: 09-MAY-84 - Closed

276. The complaint is contained in a communication from the International Confederation of Free Trade Unions dated 9 May 1984. The Government replied in a communication of 17 September 1984.

1. 276. The complaint is contained in a communication from the International Confederation of Free Trade Unions dated 9 May 1984. The Government replied in a communication of 17 September 1984.
2. 277. Chile has not ratified either 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).

A. The complainant's allegations

1. 278. The complainant alleges that on 7 May 1984, the Government arbitrarily banished Héctor Basualto, Chairman of the Federation of Fishery Workers in Iquique and of the Regional Trade Union Co-Ordinating Body in Iquique, to the Island of Melinka in the extreme south of the country; access to this island is difficult and the living conditions hard. The complainant adds that this trade union leader is suffering from an advanced form of diabetes and that his life is in danger if he does not receive medical attention.
2. 279. In concluding, the complainant demands that this trade union leader be released unconditionally and that he receive health care.

B. The Government's reply

1. 280. The Government states that under Decreto Exento (Exempt) Decree) No. 4575 of 3 May 1984, issued by virtue of Temporary Provision No. 24 of the Political Constitution of the Republic, Héctor Basualto Aguirre was assigned to forced residence for three months in the locality of Melinka, in the south of the country. He was later transferred to Lago Ranco. The Government adds that the Ministry of the Interior was obliged to take this measure on the grounds that the accused had repeatedly carried out acts of a subversive nature in the city of Iquique, which had no relation whatsoever with trade union activities.
2. 281. The Government concludes by pointing out that the restricted residence order to which Mr. Basualto had been subject came to an end on 2 August 1984 and that, since then, Mr. Basualto has been under no ban whatsoever and enjoys complete freedom of movement within the country.

C. The Committee's conclusions

1. 282. The Committee notes that the present complaint concerns the banishment of the trade union leader Hector Basualto to the Island of Melinka, in the south of Chile, on 7 May 1984.
2. 283. The Committee notes that the complainant did not specify the grounds for the banishment of this trade union leader, neither did it mention that these were in relation with Mr. Basualto's position or activities within the trade union; it merely qualified this act as being arbitrary. The Committee also notes that the Government failed to list the concrete acts which gave rise to this banishment and merely stated in a general way that the accused had repeatedly carried out acts of a subversive nature, unrelated to trade union activities.
3. 284. In these circumstances, whilst noting that the trade union leader in question has been released, the Committee recalls that measures depriving persons of their freedom, such as banishment or confinement, should only be taken by the courts and not through administrative measures [see, for example, 230th Report, Case No. 1212 (Chile), para. 643].

The Committee's recommendations

1. 285. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions.
   • (a) The Committee notes that neither the complainant nor the Government has listed the concrete acts which gave rise to the banishment of the trade union leader Héctor Basualto from 7 May, to 2 August 1984.
   • (b) The Committee recalls that measures depriving persons of their freedom, such as banishment or confinement, should only be imposed by the courts and not through administrative measures.