Interim Report - Report No 254, March 1988

Case No 1309 (Chile) - Complaint date: 03-OCT-84 - Closed

1. 288. The Committee has examined this case on several occasions, most recently at its November 1987 meeting, when it presented an interim report to the Governing Body. (See the 253rd Report, paras. 257-301, approved by the Governing Body at its 238th Session (November 1987).)
2. 289. Subsequently, the ILO received the following communications from the complainants: National Grouping of Workers (CNT): 29 October and 24 November 1987; World Federation of Trade Unions (WFTU): 3 November and 3 December 1987; International Confederation of Free Trade Unions (ICFTU): 4 and 26 November 1987 and 10 and 29 January and 4 February 1988; World Confederation of Labour (WCL): 4 December 1987; and International Federation of Plantation, Agricultural and Allied Workers (IFPAAW): 9 December 1987. The Government transmitted observations in communications of 26 October, 11 and 23 November 1987, and 7 and 14 January and 2 and 11 February 1988.
3. 290. Chile 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).

A. Previous examination of the case

1. 291. During the most recent examination of the case, several allegations presented by the WCOTP, the ICFTU, the IFPAAW and several national confederations remained pending.
2. 292. In a communication of 31 October 1986 the WCOTP referred to the arrest of Beatriz Brikmann Scheihing on 24 September 1986.
3. 293. In its communication of 19 February 1987, the WCOTP reported that on 16 February 1987 Luis Muñoz, a trade union leader of the Teachers' College of Chile in Valparaíso, received an anonymous telephone call informing him that unless he and Andrés Reyes of the AGECH, Hugo Guzmán, leader of the Teachers' Trade Union of Viña del Mar, María Isabel Torres, leader of the Fifth District Teachers' College, Sergio Narváez and Florencio Valenzuela, President of the Workers in Commerce Trade Union, left the country before the month of March, action would be taken against them and their families; he interpreted this as a threat to their lives.
4. 294. In its communication of 26 March 1987, the ICFTU alleged that on 25 March 1987 a peaceful national mobilisation of workers convened by the National Grouping of Workers (CNT) to request an increase in wages, an end to the massive dismissal of teachers, an end to the privatisation of nationalised enterprises, and the respect of human and trade union rights, was violently broken up by police forces; among the injured were Manuel Bustos, the then Vice-President of the CNT, and Rodolfo Seguel, President of the CNT, who was later arrested along with Manuel Rodríguez and Luis Suárez, leaders of the same organisation.
5. 295. In its communication of 9 June 1987, the Unity Confederation of Chilean Workers (CUT) furnished new information concerning the complaints presented by the ICFTU, WCL, WFTU, and WCOTP, concerning the murder of José Carrasco Tapia, a trade union leader of the Metropolitan Journalists' Council, on 10 September 1986; the arrest and ill-treatment of Rodolfo Seguel, President of the National Grouping of Workers (CNT), of Jorge Pavez, President of the Professional Association of Teachers of Chile (AGECH) and Guillermo Azula, national leader of the AGECH, on 24 March 1987, during a peaceful demonstration for the reinstatement of 8,000 teachers dismissed in 1987; the imprisonment in the Santiago Penitentiary of the following miners: Domingo Alvial Mondaca, Adréan Cabrera R., José Delgado Z., Pedro Lobos P., Dagoberto López R., Ricardo Mondaca G., Mario Santibáñez, Emilio Vargas M., Raúl Vásquez I., Domingo Araya C., Armando Irrazábal C., Sergio Jeria I., Juan Jorguera I., Erasmo Mayolinca Ch., Marcos Sala B., Leonardo Torres G. and Yuri Vargas A., for participating in protest days calling for the respect of labour rights and denouncing tragic accidents in coal mines; appeals for relief filed by the leaders of the Federation of Trade Unions of Self-Employed and Part-Time Workers before the Court of Appeals on 23 July 1986, to denounce the assault against Angel Arriagada Arriagada, a leader of the Federation, on 16 April 1986, and the search of the trade union office and the home of trade union leader Alejandro Olivares Pérez on 1 May 1986; the attempted homicide of Juan Espinoza, a national trade union leader of the Confederation of Maritime Workers (CONGEMAR), when his house was set on fire while and he and his family were sleeping, in January 1987; the refusal to allow several CUT trade union leaders to enter the country; the arrest of former trade union leaders Luis Guzmán, who is being illegally detained at the Santiago Penitentiary for having entered the country without the Government's prior authorisation in early 1984, and Mireya Baltra, a former national trade union leader of the CUT, who was illegally arrested in Puerto Aysén for having entered the country on 13 May 1987; the arrest and disappearance of Sergio Ruéz Lazo, a former textile trade union leader, following his return to Chile in 1985. The Government also continues to refuse to allow many trade unionists to enter the country, including: Rolando Calderón Aranguiz, former General Secretary of the CUT, and Hernán del Canto Riquelme, Luis Meneses Aranda, Mario Navarro Castro, Bernardo Vargas Fernández, all former CUT national leaders.
6. 296. In its communication of 25 August 1987, the National Confederation of Federations and Trade Unions of Chilean Textile and Allied Workers (CONTEXTIL) described the difficulties encountered by the workers in the Baby Colloky enterprise in signing a new collective agreement, and the enterprise's refusal to recognise the workers' representatives, as well as the unfair practices undertaken by the enterprise in transferring machinery and personnel from another of its plants in order to replace the workers who were legally on strike.
7. 297. In its communication of August 1987, the National Confederation of Trade Unions, Federations and Associations of Chilean Workers in the Private Sector (CEPCH) denounced certain legal provisions (article 19, paragraph 19, article 23, paragraph 1, and article 54 of the Constitution of 1980, Act No. 18603 concerning political parties, section 210 of the Penal Code, and section 221 and section 223, paragraph 3, of the Labour Code), which make the holding of trade union office incompatible with affiliation in a political party, and require elected trade union leaders to sign an affidavit concerning any political affiliation.
8. 298. In its communication of 30 September 1987, the IFPAAW alleged that Eugenio Eduardo León Gajardo, President of the National Confederation of Chilean Peasants (CNC), was informed by the Provincial Labour Inspectorate of Santiago that he was not eligible to serve as President of the CNC, despite his constitutional election at the Confederation's most recent congress, on the grounds that he had been arrested and subsequently charged under the National Security Act with participating in the mobilisation of workers as a trade union leader.
9. 299. In its communication of 9 October 1987, the ICFTU referred to the arrest and assault at the hands of security forces of dozens of workers and trade unionists, after the authorities refused to authorise a national day of protest called by the CNT for 7 October 1987, and denounced numerous threats to the lives of CNT leaders, and in particular against its President, Manuel Bustos, as well as the Ministry of the Interior's judicial summons of CNT leaders Manuel Bustos, Arturo Martínez and Moisés Labraña, and their subsequent imprisonment in the Santiago Penitentiary, following their interrogation by a judge of the Supreme Court on 20 October 1987.
10. 300. At its 238th Session in November 1987, the Governing Body approved, among others, the following recommendations of the Committee:
    • a) as regards the proceedings against Beatriz Brikmann Scheihing for breach of Act No. 17798 on arms control, the Committee requests the Government to keep it informed of developments in these proceedings and the outcome of the case;
    • b) the Committee urges the Government to send its observations on the allegations to which no replies have yet been received.

B. New allegations

1. 301. In its communication of 29 October 1987, the National Grouping of Workers (CNT) alleges that on 8 October 1987 the Government of Chile, acting through the Ministry of the Interior, filed suit against Manuel Bustos, President of the National Trade Union Co-ordinating Body (CNS) and the National Grouping of Workers (CNT), and Vice-President of the Confederation of Textile and Clothing Workers (CONTEVECH); against Arturo Martínez, General Secretary of the National Grouping of Workers (CNT), Vice-President of the National Trade Union Co-ordinating Centre (CNS) and President of the National Graphics Confederation (CONAGRA); and against Moisés Labraña, member of the National Executive Council and dispute officer of the CNT and Vice-President of the National Miners' Confederation, for breach of the State Security Act in connection with the call for a general strike on 7 October 1987. The Government charged the trade union leaders with inciting riots, provoking disturbances and calling for work stoppages, which led the Preliminary Hearings Officer of the Court of Appeals of Santiago to indict them and order their arrest. Their attorneys' request for release on bail was denied.
2. 302. The CNT communication adds that the CNT, in agreement with its Council of Confederations, Associations and National Trade Unions (CONFASIN), called a general strike for 7 October 1987, primarily to request a solution to the vital problems affecting workers, which continue to worsen owing to the economic and social policies of the military regime. These demands, although repeatedly presented to the Government, received no reply; the workers therefore were compelled to resort to a strike in the forms of absenteeism, temporary work stoppages, tardiness, early departure and slow-downs.
3. 303. The CNT communication also states that trade union leader Manuel Bustos has received death threats by phone and in writing, before and after the above-mentioned general strike; he filed a request for protection which was granted by the courts of law. Despite this request, the threats have continued in such forms as telephone calls to the CNT and to certain media, and threats sent to his trade union office and to his attorneys. Mr. Bustos' current place of confinement (the Santiago Penitentiary) does not offer any security as regards his physical integrity; for this reason he has requested that he be transferred to the penitentiary's annex, but to no avail. The communication concludes by requesting the ILO to demand that the Government immediately release trade union leaders Bustos, Martinéz and Labraña, who have acted only in fulfilment of their trade union responsibilities; the communication encloses a handwritten letter sent from the penitentiary by the above-mentioned trade unionists, which reiterates the allegations presented by the CNT in its communication.
4. 304. In its communication of 4 December 1987, the World Confederation of Labour (WCL) associates itself with the complaint presented by the CNT on 29 October 1987.
5. 305. In another communication dated 24 November 1987, the CNT states that, upon the appeal of the trade union leaders, the Court of Alzada upheld the first instance conviction of the above-mentioned CNT trade union leaders, but modified the legal grounds for the conviction. As a result, Messrs. Bustos, Martínez and Labraña face charges of inciting and inducing a strike and paralysing trade, production and public services.
6. 306. In its communication of 3 November the World Federation of Trade Unions (WFTU) expresses its concern and denounces the imprisonment of CNT trade union leaders Manuel Bustos, Arturo Martínez and Moisés Labraña, for calling the general strike of 7 October 1987. In another communication of 3 December 1987, the WFTU expresses its concern over the Chilean Government's decision to strip Mrs. Carmen Pinto, President of the External Affairs Committee of the CUT, of her Chilean citizenship.
7. 307. Likewise, the ICFTU communication of 4 November 1987 denounces the imprisonment of the CNT trade union leaders with common criminals, and the continued death threats against Manuel Bustos; one of these threats came from a terrorist group known as ACHA, announcing his execution on 7 November. The communication adds that the Government refuses to transfer the trade union leaders and prevents them from receiving foreign visitors.
8. 308. In another communication of 26 November 1987, the ICFTU denounces new repressive measures which the Government has taken against Chilean trade union leaders, referring in particular to the case of Carmen Pinto, a former trade union leader of the CUT in Concepción, who currently resides in Paris; on 24 November 1987 the authorities of the Chilean Embassy in France refused to renew her passport, arguing that, pursuant to the legislation of 1980, Mrs. Pinto was no longer a Chilean citizen, without explaining the reasons for this in writing. The ICFTU communication adds that there are other unresolved cases of trade union leaders who have been arbitrarily stripped of their citizenship, citing the case of trade unionist Luis Meneses, a current official of the ORIT.
9. 309. In another communication of 10 January 1988, the ICFTU reports that on 24 December 1987 the Chilean Government published a list containing the names of 54 exiled Chilean citizens, authorising them to return to the country. This list included the name of trade unionist Luis Meneses, regional officer of the ORIT, who had been arbitrarily stripped of his citizenship by virtue of Decree No. 191-23-2-77, signed by the President of the Republic; his citizenship has not yet been restored. The communication states that the Government refuses to give him his passport, and has only authorised him to visit the country on a temporary basis under special visa.
10. 310. In its communication of 9 December 1987, the International Federation of Plantation, Agricultural and Allied Workers (IFPAAW) states that the Labour Directorate has withdrawn its objections to Mr. Eugenio León Gajardo's accepting the presidency of the National Confederation of Chilean Peasants, and thanks the ILO for its efforts in this connection.
11. 311. In its communication of 29 January 1988, the ICFTU states that Manuel Bustos and Arturo Martínez, trade union leaders of the CNT, were sentenced on 25 January to 541 days' imprisonment for breach of a section of the State Security Act which prohibits calling for a national paralysation of work. Moisés Labraña, Vice-President of the CNT, was sentenced to 61 days' imprisonment. The communication also states that on 29 January, at 6.30 in the morning, police forces entered the residence of Manuel Bustos for the purpose of arresting him. According to the police, Mr. Bustos was to be taken to the Public Prosecutor's Office; the ICFTU adds that it does not appear that this incident is related to the ruling handed down by the examining magistrate in the case.
12. 312. In a communication of 4 February 1988, the ICFTU expresses its gratitude for the ILO's intervention and states that Messrs. Bustos, Martínez and Labraña were released on the same day that they were detained, on 29 January 1988.

C. The Government's reply

1. 313. In its communication of 26 October 1987, the Government refers to the CUT communication of 9 June 1987 and states that the self-styled "Unity Confederation of Chilean Workers" does not have legal or de facto existence in Chile, and that its presumed leaders have not been elected by the Chilean workers whom they claim to represent; moreover, it does not have a domicile in the country nor a trade union base. As regards José Carrasco Tapia, the editor of a weekly publication, he was found dead on a public road on 9 September 1986; the Court of Appeals of Santiago appointed a senior magistrate to investigate the cause of his death, identify the authors of the crime, and punish them, but no progress has been made to date. There is no information available concerning the presumed trade union activities of the deceased.
2. 314. As regards Messrs. Jorge Pavez and Guillermo Azula, who were allegedly arrested in March 1987, the Government reports that Mr. Pavez was arrested on 12 March 1987, along with five other persons, for attempting to prevent the flow and traffic of persons and vehicles on a public thoroughfare; he was released immediately thereafter by the police, after having been summoned by the Local Police Court, which is entrusted with examining misdemeanors and levying small fines for traffic violations. As regards Mr. Azula, there are no records of his arrest and he is currently free. Nor are there any records whatsoever of the alleged ill-treatment of these persons.
3. 315. As regards Domingo Alvial Mundaca, he is on trial in the First Court of Santiago on charges of illegal possession of explosives and detonators and the performance of terrorists acts. As regards Adrián Cabrera R., José Delgado Z., Pedro Lobos P., Dagoberto López R., Ricardo Mondaca G., Mario Santibáñez, Emilio Vargas M., Raúl Vásquez I., Domingo Araya C., Armando Irarrázabal C., Sergio Jeria I., Juan Jorquera I., Erasmo Mayolinca Ch., Marcos Sala B., Leonardo Torres G. and Yuri Vargas A., presumed miners who are allegedly being held at the Santiago Penitentiary for having participated in a protest day, there are no records to support these nebulous and unfounded accusations: the Santiago Penitentiary is a correctional facility which houses delinquents who have been condemned by criminal courts to terms of imprisonment, and not persons who have allegedly invoked labour rights.
4. 316. As regards the alleged search of the office of the Self-Employed and Part-Time Workers' Trade Union Federation on 1 May 1986, as well as that of the home of Alejandro Olivares Pérez, there are no records or information concerning these alleged illegal searches; in any event, if they took place, it was not at the orders of any government authority.
5. 317. As regards the alleged assault on Angel Arriagada Arriagada, which is reported to have occurred in somewhat vague circumstances on 16 April 1986, the Government can provide no information. In any event, the person concerned has the right to request that the Criminal Judge open an investigation, sanction the guilty parties and require the payment of damages. To the Government's knowledge, no criminal suit has been filed in this matter.
6. 318. As regards Juan Espinoza and the allegation that some one attempted to set fire to his house in January 1987, while he and his family were sleeping, the Government has no information whatsoever. The alleged crime would fall under the provisions of the Criminal Code. Mr. Espinoza is free to file charges in the corresponding Criminal Court. Serious penalties are prescribed for the crime of arson; the Government is unaware of any suit or criminal charges filed in this connection.
7. 319. As regards Luis Guzmán, he is being tried by the Third Public Prosecutor of Santiago in Case No. 513/84 for crimes punishable under Act No. 17798 of 1982 on the control of arms and explosives; other charges punishable under the Criminal Code of which he is accused include the forgery of public documents and entering the country surreptitiously at other than a legal border crossing. Thus, charges that he has been illegally imprisoned are unfounded, since his detention was ordered by the courts in the light of the crimes with which he is charged.
8. 320. As regards Sergio Ruiz Lazo, he was authorised to enter the country on 4 June 1987. He has not been, and is not now, under arrest. Border police records do not contain any information concerning the illegal entry of these persons into the country, since they crossed the border at unauthorised locations. As regards Mireya Baltra Moreno, she is in the country and enjoys complete freedom. As regards Rolando Calderón Aránguiz, a former Minister of Agriculture, Hernán del Canto Riquelme, a former Minister of the Interior, and Mario Navarro Castro, their names appear on a list of persons who are barred from entering the country. The Government is currently reviewing the circumstances of all persons who are barred from entering the country with a view to lifting this restriction.
9. 321. In another communication of 11 November 1987, the Government furnishes information concerning several allegations in this case, in particular concerning the alleged detention of persons which is claimed to have taken place on 7 October 1987, as well as the alleged threats received by Manuel Bustos, and the court summons of Manuel Bustos, Arturo Martínez and Moisés Labraña in connection with their liability for injury to private individuals and damage to public and private property resulting from a day of social protest which they instigated. The Government's communication states in this connection that it is not true that security forces carried out dozens of arrests or assaulted workers on 7 October 1987. According to the Government, Manuel Bustos, together with Messrs. Martínez and Labraña instigated and called a day of social protest with the objective of completely paralysing all activities in the country, under the pretext that the Government had not favoured their requests to put an end to the sale of state enterprises to national and foreign entities; to find a solution to the debt of families which had purchased housing through long-term mortgages with monthly payments; to repeal the current budgeting system; to organise collective bargaining by branch of activity; to enact legislation requiring employers to pay a minimum wage equivalent to $20,000, which would represent an increase of 100 per cent; to adjust wages; to pay bonuses for national holidays; to readjust pensions, etc.
10. 322. The Government's communication goes on to describe in detail how it is seeking to comply with many of the demands presented by workers. The Government adds that Messrs. Bustos, Martínez and Labraña considered that the Government had not responded favourably to their exorbitant and unfounded requests; they joined forces with a group of leaders of opposition political parties and with student organisations, in calling for a day of social protest on 7 October 1987, which was designed to paralyse all activities throughout the country by disrupting the public order through public demonstrations in the streets, this action led to the blocking of traffic, disorder on public thoroughfares, attacks on uniformed police, the death of three persons, numerous injuries, and substantial damage to private and public property, as well as violent demonstrations, which significantly perturbed the country's public order and tranquility. One of the means used to paralyse activities was to prevent workers from gaining access to their places of work by means of numerous assaults on city buses and other means of public transportation, preventing them from keeping to their schedules and itineraries. The outcome of this action was reported by the trade union leaders of the National Confederation of Land Transport Workers of Chile (CONATRACH); specifically, 42 passenger vehicles were completely destroyed, 600 buses and mini-buses suffered considerable damage and were withdrawn from service pending repairs, and 1,500 drivers of these vehicles have been temporarily laid off. In addition to the death of three persons, one of them a two-year old child, two policemen were seriously injured.
11. 323. The Government's communication adds that it is not true that the authorities denied permission for the 7 October day of protest; rather, the persons instigating and convening the day of protest failed to request authorisation pursuant to police regulations and standard practice throughout the world, in spite of the fact that the decision to call this day of protest had been taken on 19 August 1987. On the basis of these facts, which led to public concern and significant damage, as well as the death of innocent persons and assaults on uniformed police, the authorities issued a judicial summons alleging the breach of sections 4, subsection a)and 6, subsection (a), c)and (i), of Act No. 12927 concerning national security, which has been in effect since 1958. The Court of Appeals of Santiago appointed an examining magistrate to investigate these crimes under case 42-87; on 21 October, Manuel Bustos, Arturo Martínez and Moisés Labraña were indicted in accordance with the Code of Criminal Procedures for breach of Act No. 12927 concerning national security, and for disrupting national activities. On 21 October the examining magistrate ordered the preventive arrest of these persons, pending the completion of his investigation.
12. 324. As regards the allegations of threats to the life of Manuel Bustos by unidentified persons, the Government's communication reports that Mr. Bustos has stated that he has received threats against his physical integrity through recordings transmitted by telephone to his home, and through unsigned letters and leaflets; in this connection, he filed a request for protection on 16 October, which was granted by the First Chamber of the Court of Appeals of Santiago; the Court also provided for uniformed police to ensure round-the-clock protection at his home, place of employment and trade union office, for a period of 30 days. Following his preventive detention, Mr. Bustos's attorneys presented a second request for protection in connection with threats Mr. Bustos allegedly received while in gaol, and requested that he be transferred from the prison in which he was housed, to another known as "anexo Capuchinos", which has more ammenities and would supposedly provide greater security. The appeal was rejected on 23 October, on the grounds that it was contrary to law. In its communication the Government states that it will send information concerning the investigations as these are released by the judge, since according to the Code of Criminal Procedures, the investigation phase is subject to secrecy. The Government adds that it sought to protect the safety of the above-mentioned trade union leaders by transferring them to the "annexo Capuchinos" on 4 November, in accordance with the request presented by their attorneys.
13. 325. In another communication of 23 November 1987, the Government reiterates the statements made by its representative on 12 November 1987 before the 238th Session of the Governing Body, to the effect that the examining magistrate in the judicial proceedings granted release on bail to Manuel Bustos, Moisés Labraña and Arturo Martínez, leaders of the National Grouping of Workers.
14. 326. As regards the proceedings against Arturo Martínez, Moisés Labraña and Manuel Bustos for breach of section 11, paragraph 2 of Act No. 12927 of 1958 on national security, the Government, in its communication of 14 January 1988, adds that the examining judge provisionally released these persons on 12 November 1987, as reported in previous communications; it further states that the case is in plenary proceedings, and that the defendants have been notified of the charges formulated by the examining judge. The communication adds that the persons under indictment are duly counselled and represented by qualified and experienced attorneys, and that new information, as it arises, will be forwarded to the Committee on Freedom of Association.
15. 327. In its communication of 11 November 1987, the Government refers to a complaint presented by the National Confederation of Trade Unions, Federations and Associations of Chilean Workers in the Private Sector (CEPCH) concerning the provisions of Act No. 18603 on the organisation of political parties, pursuant to which elected trade union leaders must sign an affidavit concerning their affiliation, if any, to political parties. In this connection, the Government states that the purpose of this affidavit is to enable the Electoral Services Office to instruct the political party concerned to rescind the elected trade union official's affiliation in the party; the purpose is not to prevent the trade union leader from having a doctrinary opinion concerning the Government's policies, but to enable him to devote all of his energies to trade union activities and the interests of the workers he represents. The Act is also intended to prevent political parties from using trade unions to reach their own objectives, without allowing the members and supporters of trade unions to disagree with party doctrine. Simultaneous roles as trade union leader and political militant would deprive the trade union movement of the independence it needs to act in defense of the legitimate economic and occupational interests of its members. In any event, according to the Government, it must be recalled that the trade union leader may in all freedom maintain, conserve and exercise all political rights, except for membership in a political party while he holds trade union office. Lastly, the communication notes that, without prejudice to what is stated concerning this aspect of the complaint, the national Government felt it necessary to issue a written statement to the Labour Administration as regards the question of maintaining the requirements concerning affiliation in political parties; on 30 October 1987 it instructed the Labour Administration to eliminate this requirement.
16. 328. As regards the allegations presented by the National Confederation of Textile and Allied Workers' Federations and Trade Unions of Chile (CONTEXTIL) concerning the problems encountered by the workers in the Baby Colloky enterprise, the Government's communication of 11 November 1987 states that the workers of the "Sociedad Comercial e Industrial Colloky, Ltda." enterprise, organised for the purpose of bargaining, presented to management a draft collective agreement dated 20 June 1987. The workers appointed as negotiators began to enjoy time off and protection against dismissal five days prior to the date on which the draft was submitted. On 2 July 1987 the enterprise replied to the draft presented by the workers, and sent a copy of the reply to the respective Labour Inspectorate. The workers' Bargaining Committee objected to the employer's observations to the Labour Inspectorate. Ultimately, the parties failed to reach an agreement, and it was thus that on Friday, 31 July 1987, and in the presence of labour inspectors acting as witnesses, the workers' union voted in the majority to strike, informing the enterprise that the strike would begin on Monday, 3 August 1987, at 16.00 hours. Pursuant to the terms of section 341 of the Labour Code, strikes which have been called must begin on the third working day following the decision to strike. In accordance with this legal provision, the trade union should have called the strike for Tuesday, 4 August 1987. However, the workers illegally decided to go on strike one day prior to the time established by law, leaving their jobs suddenly, unjustifiably and without the enterprise's permission, since the working day ends at 18.00 hours. As a result of this sudden walk-out, the enterprise suffered serious economic losses.
17. 329. The Government's communication adds that on Monday, 3 August 1987, the enterprise requested that a notary public personally certify that the workers had walked off the job. In a note dated 6 August 1987, the enterprise informed the Labour Inspectorate that the workers had left their posts prior to the end of the working day, thus exposing themselves to a termination of the employment contract pursuant to the terms of section 156, clause 4 of the Labour Code, which provides that the contract of employment shall be terminated when: "workers abandon their posts, which is understood to mean: the sudden and unjustified abandonment by the worker of the worksite during working hours, without the permission of the employer or his agent". On 19 August 1987, the enterprise requested before the Fourth Labour Court of Santiago that the workers who had abandoned their posts suddenly and without justification be deprived of their labour rights; on 30 October 1987, following a more careful study of the situation, and following the Court's recommendations for conciliation, the enterprise reached an agreement with its workers, thus putting an end to the legal proceedings. The employer reinstated three workers and agreed to pay them back-pay. Subsequently, 12 workers counselled by their attorney, reached an agreement with the enterprise concerning the termination of their employment, an end to the judicial proceedings, and the payment of the indemnities and allowances specified in the judicial settlement. The Government has no further information to communicate in this matter.
18. 330. The Government sent a communication dated 7 January 1988 in which it states that it has authorised trade union leader and ORIT official Luis Meneses Aranda to return to the country.
19. 331. In another communication dated 14 January 1988, the Government furnishes additional observations concerning some of the allegations in this case, and in particular, in connection with the legal proceedings against Beatriz Brikmann Scheihing, which have been before the Court of First Instance since 4 June 1987; her attorney requested her release on bail, which was granted by the Public Prosecutor of Valdivia, and subsequently upheld by the Collegial Court of Santiago. Mrs. Brikmann was released on 23 September 1987 and requested authorisation to leave the country and travel to the Federal Republic of Germany where she is currently residing. The Government states that it is unaware of any trade union office which Mrs. Brikmann may have held, or for that matter, of any involvement whatsoever in trade union matters.
20. 332. As regards the alleged threats to the lives of trade union leaders of the AGECH, of the Fifth District Teachers' College, of the Teachers' Trade Union of Viña del Mar, and of the Workers in Commerce Trade Union, of 6 February 1987, concerning José Luis Muñoz, Andrés Reyes, Hugo Guzmán, María Isabel Torres, Sergio Narváez and Florencio Valenzuela, the Government states that these threats were allegedly made by means of telephone calls, and that official investigations have not succeeded in identifying the persons responsible or establishing the extent to which they pose a real danger. The Government's communication adds that it is very difficult to identify persons who make accusations or threats anonymously by telephone or from a public telephone; it further notes that Chilean legislation establishes a special judicial recourse, the so-called "Request for Protection"; when the seriousness and authenticity of the facts are proven, the Court of Appeals orders police protection for a specified period.
21. 333. As regards the ICFTU communication of 26 March 1987 concerning allegations that police forces intervened in a national mobilisation of workers convened by the National Grouping of Workers (CNT) on 25 March 1987, in which several leaders of that organisation were wounded or detained, the Government's communication states that Rodolfo Seguel and Manuel Rodríguez were detained for one hour by uniformed police for attempting to prevent the free flow of traffic; they were immediately released and were not summoned by the court. Manuel Bustos was not detained, and there are no records that Luis Suárez was arrested by uniformed police. The communication adds that this case concerns simple skirmishes with the police in downtown Santiago, in which the police sought to counter the above-mentioned efforts to tie up traffic. It is not true that there was a national mobilisation as alleged by the complainants, nor that persons were injured as a result.
22. 334. The Government's communication of 14 January 1988 refers also to the IFPAAW complaint regarding Eugenio León Gajardo's ineligibility to hold trade union office in the National Confederation of Chilean Peasants (CNC). The Government states that the Labour Office issued resolution No. 1541 on 21 August 1987, declaring Mr. León Gajardo ineligible to hold office in the CNC on the grounds that he was not legally qualified to hold trade union office. On the basis of new information received in this matter, the Labour Office issued resolution No. 1810 on 3 November 1987 which rescinded resolution No. 1541 and left Mr. León Gajardo free to hold office in the CNC. He is currently presiding over this trade union organisation and carrying out his trade union activities in absolute freedom.
23. 335. As regards the ICFTU complaint contained in a communication of 26 November 1987 concerning the refusal to renew passports and to allow Luis Meneses and Carmen Pinto to enter the country, the Government's communication confirming a previous communication of 7 January 1988 indicates that official circular No. 3665 of 23 December 1987, issued by the Department of the Interior, authorised Luis Meneses to enter the country definitively and permanently; consequently, Mr. Meneses may enter the country whenever he wishes to do so since restrictions in this connection have been lifted. As regards the situation of Carmen Pinto, the Government's communication states that official circular No. 4920, dated 27 July 1984, of the Department of the Interior authorised her to enter the country definitively. The communication reports that the International Police Department reported that Carmen Pinto entered Chile on 13 July 1985, under Chilean passport number 4084 in her name, issued by the Consulate of Chile in France, and that she left the country with the same passport on 5 September 1985. As regards the allegation that the Chilean embassy in France refused to renew her passport on 24 November 1987, the staff of the Consulate General of Chile in Paris have reported that they have no records that this person requested an appointment on the date indicated in the ICFTU communication. Nevertheless, the Government's communication goes on to say that instructions have been issued to the effect that should Mrs. Carmen Pinto again visit the Chilean Consulate General in Paris, she be personally attended by the Consul and any misunderstandings clarified. Lastly, it should be recalled once more that the prohibitions which barred these persons from entering the country were in no way related to trade union activities which they may have carried out in the past in Chile. Moreover, the Government rejects the false charges that it is adopting "new methods of repression against Chilean trade union leaders". The Government's communication states that by granting entry to the country and terminating exile, it shows its intention to return as soon as possible to the broadest institutional normalcy, so that all Chileans may choose their own destiny, in peace and free from foreign interference.
24. 336. In a communication dated 2 February 1988, the Government states that Luis Meneses Aranda, if he has not acquired another nationality, must request travel documents from the government of the country where he is residing. The Chilean consular authorities have been instructed to grant him a temporary visa for 90 days so that he may visit the country and personally handle his temporary or permanent residence, whichever is the case, and regularise his situation.
25. 337. In a further communication of 11 February 1988, the Government states that Messrs. Bustos, Martinez and Labraña have been released and have brought an appeal to modify the sentences handed down against them. The appeal will be heard by a higher court during the last week of February 1988.

D. The Committee's conclusions

1. 338. The allegations which remained pending following the most recent examination of the case in November 1987, concerned the trial of Beatriz Brikmann; the threats to the lives of trade union leaders of the AGECH, the Teachers' Trade Union of Viña del Mar, and of the Workers in Commerce Trade Union; the intervention by police forces in a national mobilisation of workers convened by the National Grouping of Workers (CNT) which led to the injury and arrest of leaders of that organisation; the difficulties encountered by workers in the Baby Colloky enterprise in signing a collective agreement and the enterprise's refusal to recognise the workers' representatives; the legal provisions which make the holding of trade union office incompatible with affiliation in a political party; the ineligibility of the president of the National Confederation of Chilean Peasants (CNC) to hold the office to which he was elected; the assault and arrest at the hands of security forces of dozens of workers and trade unionists during a national day of protest called by the CNT in October 1987, and continued threats against the lives of CNT president, Manuel Bustos, as well as the judicial summons of CNT leaders Manuel Bustos, Arturo Martínez and Moisés Labraña and their subsequent imprisonment. Since then, the Committee has received new allegations concerning the authorities' refusal to renew the passport of Carmen Pinto, and the situation of trade unionist Luis Meneses, who was stripped of his Chilean citizenship and has been authorised to enter the country only on a temporary basis, and the sentence handed down as regards CNT trade union leaders Manuel Bustos, Arturo Martínez and Moisés Labraña.
2. 339. As regards the WCOTP complaints concerning telephone threats to the lives of trade union leaders of the Teachers' College of Chile in Valparaiso, the AGECH, the Teachers' Trade Union of Viña del Mar, and the Workers in Commerce Trade Union, as well as the complaints filed by the CNT and the ICFTU concerning continued threats to the lives of trade union leader Manuel Bustos, the Committee takes note of the information furnished by the Government concerning the corresponding investigations and the request for protection provided for by legislation when the authenticity and seriousness of the threat is demonstrated; in view of the numerous allegations of this nature which have been received since this case was opened, the Committee wishes to point out that a trade union movement in which trade union leaders are able to represent fully the interests of workers, in freedom and independence, cannot develop where trade unionists are threatened and live in fear; it urges the Government to undertake judicial investigations with a view to putting an end to these acts of intimidation which sow uncertainty in trade union ranks.
3. 340. As regards the death of José Carrasco Tapia, a trade union leader of the Metropolitan Journalists' Council, and the attempted murder of Juan Espinoza, a national trade union leader of the Confederation of Maritime Workers (CONGEMAR) and his family, the Committee notes that in the case of Mr. Carrasco Tapia the Government states that the matter is being investigated, although the guilty parties have not yet been identified; and that in the case of Mr. Espinoza and his family, no charges were filed in connection with the attempted arson of his home, while he and his family slept; the Committee recalls that murder and other violent acts affecting trade unionists are serious matters which require the authorities to adopt severe measures with a view to re-establishing a normal situation.
4. 341. As regards the various complaints concerning the arrest of trade unionists, presented by the CUT, ICFTU, WFTU and CNT, concerning trade union leaders Rodolfo Seguel (CNT), Manuel Rodríguez, Jorge Pavez (AGECH) and Guillermo Azula (AGECH), of 24 March 1987, for having participated in a peaceful demonstration to demand the reinstatement of 8,000 teachers dismissed during the course of 1987, the Committee takes note of the information furnished by the Government to the effect that these persons were arrested for obstructing the passage of vehicles and persons on a public thoroughfare, and that they were released following a summons by the Local Police Court, a court which imposes small fines for traffic violations, with the exception of Mr. Azula, in regards to whom there are no records of arrest and who is currently at liberty. As regards the arrest of a number of miners and their confinement in the Santiago Penitentiary for participating in days of protest in support of the right to work, the Committee takes note of the information furnished by the Government to the effect that, with the exception of Domingo Alvial Mundaca, who is on trial for the illegal possession of explosives and detonators and for engaging in terrorist acts, the other miners mentioned by the complainant organisation are not currently under arrest. As regards the detention of former CUT trade union leaders Luis Guzmán and Mireya Baltra, who are allegedly being detained illegally in the Santiago Penitentiary, as well as that of Sergio Luis Lazo, who is alleged to have subsequently disappeared, the Committee takes note of the information furnished by the Government to the effect that Luis Guzmán is being tried for the crimes specified in the Act on the control of arms and explosives, for forgery of public instruments, and for entering the country illegally, and is not being detained illegally, but that his confinement has been ordered by the courts; likewise, the Committee takes note of the fact that Sergio Luiz Lazo was authorised to enter the country on 4 June 1987, and that he has not been, and is not currently being, detained; and that Mireya Baltra is in the country and enjoys complete freedom.
5. 342. As regards the complaint of several trade union organisations concerning the arrest and subsequent imprisonment of trade union leaders Manuel Bustos, Arturo Martínez and Moisés Labraña, on charges of incitement to strike and paralyse trade, production, and public services on 7 October 1987, the Committee takes note of the information supplied by the Government concerning the proceedings against the above-mentioned trade union leaders. The Committee expresses its concern that Manuel Bustos and Arturo Martínez have been sentenced to 541 days' imprisonment, and Moisés Labraña to 61 days' imprisonment for breach of the State Security Act, and wishes to emphasise that the arrest and sentencing of workers' representatives for activities related to the defence of workers' interests are contrary to the principle of free exercise of trade union rights. It notes in this connection that Messrs. Bustos, Martínez and Labraña are free and have appealed against these sentences.
6. 343. The Committee must also express its concern with respect to the continuing numerous complaints received since this case was opened, in connection with the arrest and/or imprisonment of trade unionists, although it wishes to state that it has taken note of the fact that certain arrests for which complaints have been field (in particular, the arrest of Luis Guzmán and Domingo Alvial Mundaca) fall beyond the scope of the freedom of association and, therefore, the competence of this Committee. In this connection, the Committee wishes to recall that although trade union responsibilities do not confer the right to transgress legal provisions with impunity, such legal provisions should not undermine basic guarantees as regards freedom of association, nor sanction activities which, in accordance with generally accepted principles, should be considered as legitimate trade union activities.
7. 344. As regards the raid on the headquarters of the Federation of Self-Employed and Part-Time Workers' Trade Union, and the home of trade union leader Alejandro Olivares Pérez on 1 May 1986, the Committee takes note of the information supplied by the Government to the effect that there is no record or knowledge of these alleged illegal searches, and that in any event, they were not ordered by government authorities.
8. 345. As regards the refusal to allow Rolando Calderón Aránguiz, Hernán del Canto Riquelme and Mario Navarro to enter the country, the Committee takes note of the information supplied by the Government to the effect that the names of these persons appear on a list of persons who are not authorised to enter the country, but that the Government is currently reviewing the situation of all persons affected by this prohibition, with a view to lifting this restriction.
9. 346. As regards the ICFTU communication of 26 November 1987 concerning the refusal to renew the passport of Carmen Pinto and to allow access to the country to trade unionist Luis Meneses Aranda, the Committee takes note of the information furnished by the Government to the effect that there is no record that Mrs. Pinto ever requested the renewal of her passport on the date indicated in the ICFTU communication, at the Consulate General of Chile in Paris, and that the Government has issued instructions that, should Carmen Pinto again visit the Chilean Consulate General in Paris, she be personally attended by the Consul and any misunderstandings clarified. As regards the case of Luis Meneses Aranda, the Committee takes note of the fact that official circular No. 3665 of 23 December 1987 authorises him to enter the country on a 90-day visa so as to be able to personally deal with the question of his temporary or permanent residence and to regularise his situation. In this connection, the Committee wishes to recall the principle that the confinement or exile of trade unionists, even when based on a state of national crisis, should be provided with the necessary safeguards to prevent that these measures be used to curtail the free exercise of trade union rights.
10. 347. As regards the complaint presented by the CEPCH concerning legal provisions which establish and regulate the incompatibility between trade union office and affiliation in a political party, and the requirement that elected trade union leaders sign an affidavit concerning any political affiliation, the Committee takes note of the information supplied by the Government to the effect that such provisions are designed to prevent the same person from holding simultaneous roles as a trade union leader and militant in a political party, a condition which would deprive the trade union movement of the independence it needs to act in the defence of the interests of workers, and that in any event, trade union leaders maintain and may exercise all of their political rights; likewise, the Committee notes that the requirement that elected trade union officials sign an affidavit concerning their affiliation, if any, in a political party, was rescinded by the Government on 30 October 1987. Nevertheless, the Committee wishes to recall the principle that legislation which prohibits certain persons from holding trade union office on the basis of political opinions or affiliations is contrary to the right of trade unionists to elect their representatives in full freedom (see 202nd Report, Case No. 911 (Malaysia), para. 139).
11. 348. As regards the IFPAAW communication concerning Eugenio León Gajardo's ineligibility to hold office in the CNC, the Committee notes that his ineligibility has been rescinded following the examination of new evidence, by means of resolution No. 1810 of 3 November 1987, and that Mr. León Gajardo is currently presiding over the CNC, the office to which he was elected.
12. 349. As regards the allegations presented by the National Confederation of Textile and Allied Workers' Federations and Trade Unions of Chile (CONTEXTIL) concerning the problems encountered by the workers of the Baby Colloky enterprise in signing a collective agreement, and certain unfair labour practices carried out by the enterprise, the Committee takes note of the information furnished by the Government to the effect that workers in the Baby Colloky enterprise went on strike one day before the expiration of the period specified by legislation, which caused the enterprise economic hardship and constituted grounds for the termination of employment contracts. The Committee notes that on 30 November 1987 the enterprise reached a settlement in court with the workers, and in accordance with conciliation guide-lines laid down by the court in an effort to resolve the matter, the enterprise reinstated three workers with back-pay, and terminated the employment contracts of 12 workers by mutual agreement, upon payment of the indemnities established by the court.

The Committee's recommendations

1. 350. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a) Once again, the Committee expresses its concern over the continuing number of complaints presented since this case was opened, which reflects the difficulties encountered by the trade union movement and its leaders.
   • b) As regards the dispute involving workers in the Baby Colloky enterprise, in view of the fact that the parties have reached an agreement in keeping with the conciliation guide-lines set down by the court, the Committee considers that this aspect of the case does not call for further examination.
   • c) As regards Eduardo León Gajardo's disqualification from holding the office to which he was elected by the CNC, and his subsequent qualification, the Committee considers that this aspect of the case does not call for further examination.
   • d) In the light of the number of complaints concerning threats to the lives of trade unionists, the Committee urges the Government to undertake judicial investigations with a view to determining once and for all who is responsible for these threats, and to determine the seriousness of the threats and intention of the parties involved in each case, and to provide the necessary protection as soon as these threats are reported, with a view to ensuring that trade union activities may take place normally in a climate free of fear and intimidation.
   • e) As regards the death of José Carrasco Tapia, trade union leader of the Metropolitan Journalists' Council, the Committee requests the Government to supply information on developments in the judicial investigations in this case; as regards the attempt to burn alive Mr. Espinoza, trade union leader of CONGEMAR, and his family, the Committee urges the Government to take appropriate measures to punish the authors of these alleged violent acts, which breed fear and uncertainty throughout the labour movement.
   • f) As regards the many allegations concerning the detention of trade unionists and, in particular the detention of Manuel Bustos, Arturo Martínez and Moisés Labraña, the Committee expresses its great concern at the sentencing of these three CNT trade union leaders, and requests the Government to supply information on the legal situation, and in particular on the outcome of the appeal filed by these trade unionists.
   • g) In connection with the various allegations that trade unionists have been prevented from entering the country, the Committee urges the Government to rescind, as soon as possible, the bans against Rolando Calderón Aránguiz, Hernán del Canto Riquelme and Mario Navarro and to inform it in this regard; it also requests the Government to keep it informed of the situation of Mr. Meneses Aranda, particularly as regards the restoration of his Chilean nationality.
   • h) As regards the raid on the headquarters of the Federation of Self-Employed and Part-Time Workers' Trade Unions and the home of trade union leader Alejandro Olivares Pérez, the Committee urges the Government to undertake investigations with a view to identifying the persons responsible for these actions and to inform the Committee of the results of these inquiries.
   • i) As regards legal provisions which establish incompatibility between trade union office and affiliation in a political party, the Committee requests the Government to amend the legislation to bring it into line with general principles of freedom of association and, in particular, to repeal those legislative provisions which restrict the workers' right to elect their representatives freely by making the holding of trade union office incompatible with membership in a political party.