Interim Report - Report No 265, June 1989

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

1. 403. The Committee on Freedom of Association has examined this case on a number of occasions, most recently at its November 1988 meeting, when it submitted an interim report to the Governing Body. (See 259th Report, paragraphs 360-425, approved by the Governing Body at its 241st Session (November 1988).)
2. 404. Since then the ILO has received the following communications from the complainants: the International Confederation of Free Trade Unions (ICFTU): 5 October 1988, 31 January, 24 April and 11 May 1989; the World Confederation of Organisations of the Teaching Profession (WCOTP): 27 February 1989; the Workers' Unions of the General Insurance Company and Life Insurance Company: 13 December 1988; and the World Federation of Trade Unions: 25 April 1989. The Government sent its observations in communications dated 2 February, 21 March, 12 and 24 May 1989.
3. 405. 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. 406. At its 241st Session in November 1988, the Governing Body approved the following recommendations:
   • - as regards the ban on entering the country imposed on various trade unionists, and in the light of Presidential Decree No. 303 which terminated the administrative bans on entering the country, the Committee requested the Government to inform it whether the unionists Rolando Calderón Aránguiz, Hernán del Canto Riquelme and Mario Navarro had benefited from the terms of this Decree and on developments in the trial concerning the reacquisition of Chilean nationality by the unionist Luis Meneses Aranda;
   • - the Committee noted with concern the sentencing to terms of internal exile and suspended sentence handed down against trade union leaders Manuel Bustos, Arturo Martínez and Moisés Labraña and stressed that the arrest and sentencing of trade union leaders for activities related to the defence of their members' interests infringe the free exercise of trade union rights; it requested the Government to keep it informed of any change in the legal situation of these union leaders;
   • - as regards the arrest of the journalist Juan Pablo Cárdenas, the Committee noted that he had been released on 30 May 1988, when his detention had reached the maximum period allowed by law, and requested the Government to inform it of the present legal situation of Mr. Cárdenas, in particular to indicate whether court proceedings were under way for the suspected acts for which he had been held;
   • - as regards the incidents in Valparaiso and Iquique because of May Day celebrations, the Committee expressed its concern at the way in which International Labour Day festivities in both towns had been disturbed and noted the contradicitions existing between the complainants' allegations and the Government's observations on what had happened in the two towns and requested the Government to inform it of the decision in Florencio Valenzuela's case and on the court proceedings initiated by the College of Teachers of Iquique and by the police, respectively, which were being investigated by the military prosecutor;
   • - as regards the alleged threats and persecution of workers in the Curtiembre Interamericana company who had been involved in collective bargaining, the Committee noted that these workers had not presented complaints to the labour authorities about these alleged actions; however, it requested the Government to inform it of the outcome of the bargaining proceedings;
   • - as regards the various allegations presented by the National Confederation of Federations and Unions of Workers in the Food, Restaurant, Hotel and Allied Trades (CTGACH), the Committee noted the detailed information provided by the Government but requested specific observations on the alleged anti-union practices in this sector such as employer pressure to obstruct unionisation, unfair labour practices when trying to get bargaining rounds under way, mass dismissals of workers when they try to organise; as for the dismissal of trade union leaders Luis Benitez (Inter-Enterprise Union of Workers in the Culinary Arts), Angel Catalán (Workers' Union of the COPASIN company) and Juan Montalbán (Inter-Enterprise Union in the Restaurant and Hotel Trade of the Metropolitan Region), the Committee requested the Government to keep it informed of developments in the court proceedings they had brought for their reinstatement;
   • - as regards the dismissal of a number of workers and 17 trade union leaders in the State Railway Enterprise after a strike, the Committee noted the Government's statement that on 1 August 1988 39 of the 101 dismissed had been reinstated and requested the Government for information on developments in the court proceedings brought by the dismissed workers and on the possible reintegration of the 17 dismissed trade union leaders.

B. New allegations

1. 407. The ICFTU encloses with its communication dated 5 October 1988 a letter from the leaders of the Inter-Enterprise Trade Union of Education Officials of the Fifth Region (SIFE), who allege that the Viña del Mar Municipal Corporation engaged in unfair and divisive practices by setting up a parallel organisation, appointing its leaders and pressuring non-teaching personnel to leave the SIFE. Moreover, the check-off of new members' union dues is hindered. The SIFE states that it has filed a complaint against these practices and that it will submit a petition for protection before the courts on behalf of the organisation and non-teaching staff.
2. 408. In another communication, dated 31 January 1989, the ICFTU alleges that the Ministry of the Economy is attempting to disqualify the leaders of the College of Teachers, Osvaldo Verdugo and Jorge Pavez, who are its President and General Secretary respectively, and are members of the National Council of the Single Central Organisation of Chilean Workers (CUT). The complainant maintains that the attempt to disqualify them is based on laws adopted without consultation, which run counter to the principles of freedom of association, since teachers are prevented from forming a trade union and are obliged to set up a professional association, the intention being to separate the College of Teachers from the CUT.
3. 409. In a communication dated 24 April 1989, the ICFTU denounces the fact that, on the grounds of the CUT having called a general strike on 18 April in order to demand the lifting of the terms of exile of the union leaders Bustos and Marténez, an end to the privatisation of state enterprises and a reply to their list of claims, the Ministry of Internal Affairs had the CUT leaders summonsed for having infringed the Act on Internal Security of the State by calling the strike. The union leaders summonsed are Diego Olivares, Vice-President, Nicanor Araya, Secretary-General, and Moisés Labraña, Sergio Aguirre and Manuel Jiménez, executive council members. The CUT, and the leaders concerned in particular, repeatedly rejected the use of violence before and during the strike.
4. 410. In a communication dated 25 April 1989, the World Federation of Trade Unions also denounces the fact that following the National Day of Protest organised by the CUT on 18 April 1989, the Government violently suppressed that demonstration and detained the leaders of the CUT: Diego Olivares, Nicanor Araya, Sergio Aguirre, Moisés Labraña and Manuel Jiménez. The detained union leaders will be brought to trial.
5. 411. In a communication of 11 May 1989 the ICFTU sends additional information on the five leaders who have been summonsed by the Ministry of Internal Affairs for having called the national strike on 18 April. They have been able to make statements before the investigating magistrate on two occasions. The Court dropped two of the three counts brought against them by the Ministry and three of the five (Diego Olivares, Nicanor Araya and Sergio Aguirre) have been informed that the cases against them have been dropped.
6. 412. In a communication dated 13 December 1988, the Workers' Union of the La Previsión Insurance Company explains that the enterprise's board of directors is composed of workers representing the employers of the Chilean State Bank who hold trade union office and appoint the company's manager. The complainant adds that, as a result of all of the infringements of workers' rights, the trade union decided to hold a public protest directed against the Chilean State Bank. The complainant states that on 13 September 1988, as Luis Morales Cruz, a worker, was standing in the doorway of that Bank, he was reprimanded by the director of the enterprise representing the state bank employees, who warned him to expect certain consequences; on 15 September Mr. Morales Cruz was notified of his dismissal. The dismissal was motivated by his having carried out trade union activities.
7. 413. The complainant also states that the enterprise disregards the contractual terms in force since 1981 as regards recognition of length of service under which this benefit is paid in full upon termination of the employment relationship. Moreover, the complainant alleges that the leader of the trade union, Gerardo Araya Ramírez, was transferred to a post without specific duties, preventing him from performing his usual work. A claim has been filed against this situation with the Provincial Labour Inspectorate, and the enterprise has continued this practice.
8. 414. In a communication dated 27 February 1989, the WCOTP alleges that the Government, through the Ministry of the Economy, Development and Reconstruction, is attempting to invalidate the election of Osvaldo Verdugo and Jorge Pavez, President and General Secretary respectively, of the College of Teachers, by requesting on the basis of resolution No. 19 of 17 January 1989 that these leaders be replaced within 30 days unless they present evidence that they have clear criminal records. The teachers' leaders had been accused under section 11 of Act No. 12927 (the State Security Act) of having organised a day of peaceful protest on 2 and 3 July 1986 on behalf of the "Civic Assembly", an organisation of which the Professional Association of Teachers of Chile (AGECH) was a member. Reference will certainly be made to this accusation in their criminal records.

C. The Government's replies 415. In its communication dated 2 February 1989, the Government sends its observations on the complaint presented by the CTGACH, in particular concerning the dismissal of Mr. Luis Benítez Galaz, leader of the Inter-Enterprise Union of Workers in the Culinary Arts of the Metropolitan Region, who had on 26 August 1986 filed a claim to enforce payment of benefits ordered to be paid to him by the 24th Civil Court of Santiago by decision of 31 October 1985. These enforcement proceedings are now pending appeal before the Santiago Court of Appeal. As regards the other trials (concerning Angel Catalán and Juan Montalbán), they are still under way and there are no new facts to report.

1. 416. In the same communication, the Government reports that the Inter-Enterprise Trade Union of Education Officials of the Fifth Region, which is mainly comprised of auxiliary workers of various municipal and private establishments, applied to enter into collective bargaining with the Viña del Mar Municipal Social Development Corporation. This application was not accepted by that Corporation in view of the following considerations: a) The Comptroller-General of the Republic has, in repeated legal opinions, stated that social development corporations such as that of Viña del Mar are not enterprises, and therefore the rules governing profit-oriented enterprises of the private sector do not apply to them. b) In addition, it should be borne in mind that section 281 of the Labour Code provides that there can be no collective bargaining in public institutions or private enterprises, over 50 per cent of whose budgets in either of the last two calendar years were state-financed, which is the situation of the Viña del Mar Municipal Social Development Corporation. c) Moreover, section 282 of the Labour Code categorically prohibits bargaining between one or more employers and workers employed in more than one enterprise. This is confirmed by the interpretation of this rule given by the Labour Directorate, which ruled that inter-enterprise trade unions do not have capacity to bargain collectively in any way whatsoever.
2. 417. Therefore, the Viña del Mar Municipal Social Development Corporation is neither economically able nor legally authorised to bargain collectively since this is, moreover, prohibited by law. Enforcement of a law which has been in force for over ten years cannot be considered as an unfair practice. The Inter-Enterprise Union further accuses the Corporation of unfair practice in that it is alleged to have bargained collectively with a "professional association of auxiliary workers", which " ... would appear to have been set up at the Corporation's request". In this respect, the Government points out the following: (a) there is no record of the existence of this association; (b) neither has it been possible to confirm the existence of any request filed with the court by the alleged parallel trade union organisation. Lastly, the Viña del Mar Municipal Social Development Corporation states that it has always had and maintains excellent relations with all of the personnel working under it. In addition, the Corporation co-operates and has co-operated with all workers' organisations with which there is a dialogue and good understanding.
3. 418. The Government states further that Rolando Calderón Aranguiz, the former Minister of Agriculture, returned to the country on 3 September 1988. Hernán del Canto Riquelme, the former Minister of Internal Affairs, returned to the country on 9 September 1988 and Mario Navarro Castro returned on 8 September 1988. The Government states that these persons are now residing in the country, to which they returned in accordance with Presidential Decree (E) No. 303 of 1 September 1988, which ended their term of exile. As regards trade union leader Luis Meneses Aranda, the Government states that, under the last paragraph of article 11 of the Constitution of the Republic, persons who have lost Chilean nationality may be rehabilitated by law. The Government is not aware that Mr. Meneses Aranda has initiated any procedure for this purpose.
4. 419. As regards the alleged proceedings against the journalist Juan Pablo Cárdenas, the Government states that Mr. Cárdenas is not a party in any proceedings and that he has not been convicted.
5. 420. As regards the events which occurred on 1 May 1988 in Valparaéso and Iquique and the proceedings under way against union leader Florencio Valenzuela, the Government states that the Military Prosecutor of the Intendancy of the First Region of Tarapacá is now investigating Case No. 140/88 brought against the Chilean police by the Iquique College of Teachers for alleged damage, assault and battery and breaking and entering and that this case was joined to Case No. 139/88 which is being investigated by the same Prosecutor and concerns assault of policemen on duty at the time of the events in this city on 1 May 1988. On 11 January 1989 the court ordered a temporary stay of proceedings, which ruling is currently being reviewed by the First Court of Appeal of Iquique. As regards the alleged proceedings against the presumed trade union leader Florencio Valenzuela, the Government reports that no proceedings are under way against any person by that name; nor has it been possible to ascertain Mr. Valenzuela's trade union mandate. The Government states that it appears that the information sent to the Committee on 20 September 1988 was not sufficiently clear and specific since it had been reported that the Third Local Police Court of Valparaéso had imposed fines on and issued warnings to the persons concerned and they had been released on the same day that they had been detained in the police station. One of the detainees was Mr. Florencio Valenzuela, who, along with the other detainees, was fined and released the same day; therefore no proceedings against Mr. Florencio Valenzuela are now pending before the local police court.
6. 421. As regards the reinstatement proceedings initiated by dismissed employees of the state railway enterprise and 17 union leaders of that enterprise, the Government states that the partial stoppage of activities which affected the state railway enterprise in April 1988 was clearly illegal since, on the one hand, there was no outstanding labour problem and, on the other, the procedure used blatantly infringed the legal order in force. As regards the proceedings brought against the enterprise, they are under way in accordance with the procedure laid down in the Labour Code. The requested evidence of witnesses and documentary proof have been submitted. In one of the trials, 48 workers withdrew their suit with the agreement of the enterprise. In the trials initiated by José Ortega Fuentes and José Morales Hernández, they also withdrew their claim with the approval of the enterprise. It should be added that Andrés Hugo Salinas and Guillermo Munizaga were reinstated by the state railway enterprise.
7. 422. The Government sends information on collective bargaining in the Curtiembre Interamericana enterprise, and notes that the bargaining process was completed on 24 May 1988, with the acceptance by the workers concerned of the employer's final offer. On 3 May 1988 an administrative fine equivalent to ten monthly contribution units was imposed on this enterprise for infringement of section 347 of the Labour Code, read together with section 348 of the same Code. The enterprise lodged an appeal against this fine before the Second Labour Court of Santiago entitled "Curtiembre Interamericana vs. Labour Directorate" Case No. 6697, in which a ruling was given on 30 September 1988 by the regular judge, who cancelled the administrative penalty on the grounds that there had been no infringement of the labour standards referred to. This decision has now been enforced.
8. 423. In its communication dated 21 March 1989, the Government refers to the allegations presented by the ICFTU and the WCOTP concerning the presumed disqualification by the Ministry of the Economy of Osvaldo Verdugo and Jorge Pavez, leaders of the College of Teachers' Professional Association. It states that on 31 August 1987 that professional association informed the Ministry of the Economy of the election and setting up of a new executive board. On 10 September 1987, in communication No. 4602, the Ministry of the Economy requested the necessary documents to enter the names of the members of the executive board in the Registry of Executive Boards of Professional Associations kept by that Ministry in accordance with its legal mandate. Under section 10 of Legislative Decree No. 2757 of 1979 to issue rules governing professional associations, the requirements for eligibility as a director of such an association include not having been convicted or currently being prosecuted on account of a crime or an offence. In order to comply with this legal obligation, the Ministry of the Economy, in communication No. 5334 of 19 October 1987, requested evidence of a clear criminal record from the 15 members elected to the executive of the College of Teachers. Of the 15 members of the executive, 13 complied with the obligations laid down by the legislation in force. The two other members, Osvaldo Verdugo and Jorge Pavez, however, instead of conforming to the law as the other 13 members had done, confined themselves to sending the following replies: a) On 3 November 1987 they stated that their many activities prevented them from applying for a statement as to criminal record. b) A year later, on 24 November 1988, they stated that they had constantly been out of the city because of their activities, and had therefore been unable to obtain the statement in question. c) In a letter dated 6 January 1989, they stated that their many activities did not allow them time to apply for the statement as to criminal record.
9. 424. Meanwhile, the Ministry of the Economy confined itself to repeating twice in 1988 (communications Nos. 6944 and 7757) their request for Mr. Verdugo and Mr. Pavez to respect the formalities required by law. In view of the fact that Osvaldo Verdugo and Jorge Pavez refused repeatedly and without reason to comply with an obligation laid down in the law, the Ministry of the Economy decided to penalise their recalcitrance to which end, in Ministerial Resolution No. 19 of 17 January 1989, it imposed a cash fine, to be paid into the treasury, on the leaders of the College of Teachers' Professional Association, namely Osvaldo Verduga Peña and Jorge Pavez Urrutia. Therefore, the Ministry of the Economy did not declare these leaders of the College of Teachers ineligible to hold office. Moreover, the Ministry of the Economy is not empowered to disqualify a leader of a professional association by administrative resolution.
10. 425. In a communication dated 21 March 1989, the Government sends its observations on the allegations presented by the Workers' Union of the La Previsión General Insurance and Life Insurance Company and encloses a communication from the managers of both companies dated 15 February 1989 which, according to the Government, replies to the union leaders' complaint. This communication states that the enterprise has had to face the task of streamlining its operations with consequent staff dismissals, as a result of the difficult financial situation facing it and without which it will hardly be able to continue supplying services in such a competitive and fluctuating market as that in which insurance companies operate. This represents a considerable effort on the part of the enterprise to maintain its employees' source of work, and therefore it has found it difficult to understand the position taken by the workers, who have interpreted this process as being contrary to their interests, without presenting, in the document sent to the Committee, reliable information of sufficient quality and quantity enabling a rational evaluation of the problem to be made. The communication specifies that 66.57 per cent of the assets of both companies belong to the Workers' Assistance and Health Fund of the State Bank, 25.87 per cent to the Chilean State Bank, and the balance to various shareholders.
11. 426. The communication of the managers of the two companies sent by the Government as part of its observations refers to the dismissal of Mr. Morales Cruz, stating that the latter was dismissed at the initiative of the enterprise, which availed itself of the legal power provided for in section 155 f)of the Labour Code, the employee being paid his statutory severance pay and contractual benefits; the person concerned had not obtained a court rescission of the dismissal, since he had no grounds to contest the decision of the enterprise. As regards the allegation that the enterprise had ignored contractual terms relating to length-of-service severance pay, the subject is being thoroughly discussed in various court proceedings in which the law courts will specify and interpret the scope of the terms of the employment contracts signed in October 1981. The communication likewise refers to the transfer of trade union leader Mr. Araya, which was dictated by a long-standing problem with his immediate chief. As he himself can confirm, it is by no means a problem arising under this management but the enterprise is none the less doing everything possible to remedy the situation and has even offered Mr. Araya a change of job if he deems it advisable.
12. 427. In a communication dated 12 May 1989 the Government refers to the summonsing of the CUT leaders Diego Olivares, Sergio Aguirre, Nicanor Araya, Manuel Jiménez and Moisés Labraña. It states that on 18 April 1989, these persons incited and called for a total paralysis of production activities, transport, industry, agriculture, commercial activities and public services and utilities including hospitals, schools and universities. They gave instructions that children be kept home from school, that housewives do not go shopping or do chores, that at 9 p.m. everyone bang kitchen utensils and pots and pans to make deafening and unnecessary noise and that everyone stays home from work and remain inside their house at 2 p.m. so as to leave the streets and squares deserted. The aims of this calamity to national activities were: a) to force the Supreme Court of Justice to annul the court ruling handed down in accordance with due process and which was res judicata sentencing Manuel Bustos and Arturo Marténez to banishment for having committed crimes set out in a law dating back to 1958; b) to force the Government to make all the country's employers pay a minimum wage increase of 100 per cent above the current level; c) to force all the employers to pay a travel allowance amounting to two daily tickets and a food allowance; d) to demand an increase in the amount of the children's allowance; e) to force the Government to terminate the system of selling shares in companies having monetary capital; f) to force the Government to end the system of readjusting pensions, deposits and savings called the "promotion unit" which system had, in fact, permitted the maintenance of the purchasing power of pensions, deposits and savings.
13. 428. The Government then states that during the first few days of February 1989 the body called the Single Central Organisation of Workers (CUT) commenced preparations for the total paralysis of the nation's activities on 18 April. On 9 March a group of persons belonging to the CUT "approved by acclamation" the calling of an illegal work stoppage without any vote or prior discussion according to Nicanor Araya, General Secretary of the said body. However, this illegal work stoppage was rejected and was not joined by several major union organisations. On 18 April when the paralysis of activities was called, violent acts took place, such as the destruction of an underground railway wagon; the assault of the driver of a public transport vehicle which resulted in him receiving bullet wounds; the shooting of police officers by two persons planting explosives in the Quinta Normal commune; the theft, ransacking and destruction of medical consultancy rooms in the "Joao Goulart" suburb of La Granga; an explosion in the San Bernardo municipality causing serious damage; electricity cuts caused by the toppling of all high tension cable towers; the attack on, robbery and ransacking of merchandise in the "San Miguel" shopping centre in La Granga by 200 persons who also broke windows; the stoning and attempted ransacking of a butchery, a bottleshop and a bakery in San Miguel commune; at the cross-section of Central Avenue and Las Industrias Street, at 11.45 p.m. a group of 150 persons led by five heavily armed individuals whose faces were hidden by hoods broke into the above-mentioned medical clinic owned by the municipality and demolished a wall, intimidated the guards, stole the milk destined for pregnant women and lactating mothers, sacks of rice and other food which the municipality gave to the needy and to those having few resources, medicines which were distributed to patients free of charge and medical equipment and broke down doors and shattered windows and glass. The damage to private property, public buildings and individuals surpassed 600 million pesos (US$2.5 million) without counting the 100 million pesos represented by the damage to the 11 electricity towers and electrical distribution installations.
14. 429. The Government states that, given the alarming situation produced by the enormous destruction of private property and the Government's duty to protect law and order and citizens' safety which were seriously affected by these acts, it was decided that the public authority, the Governor of the Interior, would petition the courts to summon Diego Olivares, Sergio Aguirre, Nicanor Araya, Manuel Jiménez and Moisés Labraña in relation to any responsibility they could have in inciting and promoting all types of activities aimed at the collective interruption and suspension of work and stoppages and strikes in public services, production, transport and commerce. This would be a crime under section 11(2) of Act No. 12.927 on State Security which had been promulgated in 1958 when the Government of Carlos Ibañez del Campo was in power. The petition was lodged on 19 April 1989 with the secretariat of the Criminal Court of Appeal of Santiago. That court appointed an examining magistrate who questioned and took the statements of the five persons involved and who, on 8 May 1989, laid charges against Messrs. Olivares, Aguirre and Araya on the grounds that there was reason to believe that they had taken part in the crime set out in section 11 of Act No. 12.927; at the same time he released them on bail amounting to over 5,000 pesos (about US$20.00). Messrs. Labraña and Jiménez were released unconditionally. The defence counsel for the accused announced that they would appeal the magistrate's decision to bring charges and they had five days in which to lodge the appeal. As regards the sentence of the Appeal Court, the affected parties can make a request for a writ of certiorari to correct any errors or abuses committed by the judges and have the sentence amended. Such a writ is heard by the Supreme Court.
15. 430. In its communication of 24 May 1989, the Government provides information on the present legal status of unionists Manuel Bustos and Arturo Martínez; during this month of May, Messrs. Bustos' and Martinez' lawyers filed an appeal to the Chamber of Accusations, asking that their banishment be rescinded, that they be transferred to Santiago and that they be allowed to serve the remainder of their sentence on nights. The Chamber of Accusations dismissed that request as lapsed. The defence attorneys further appealed to the Santiago Appeals Court, which unanimously upheld the decision of the Chamber of Accusations. The Government adds that neither Messrs. Bustos and Marténez nor their lawyers appealed to the President of the Republic or to the Minister of Justice, to obtain the presidential clemency for the remainder of their sentence. The Government points out that a privilege can only be granted or denied if the persons concerned request it, and that it cannot grant or deny something that the would-be beneficiaries did not ask.

D. The Committee's conclusions

1. 431. As regards the ban on entering the country imposed on Rolando Calderón Aranguiz, Hernado del Canto Riquelme and Mario Navarro, the Committee notes with interest that in September 1988 these persons returned to the country where they are now residing; as regards trade union leader Luis Meneses Aranda, the Committee observes that the Government states that under article 11 of the Political Constitution, persons who have lost Chilean nationality may be rehabilitated by a law and that Mr. Meneses Aranda has not initiated any proceedings in this respect. In this connection, the Committee would request the Government to keep it informed of any proceedings for recovery of his nationality which may be initiated by this union leader and requests the complainant to inform it precisely of his present situation.
2. 432. As regards the legal situation of union leaders Manuel Bustos and Arturo Marténez, sentenced to banishment, the Committee notes that there has been no change in their legal situation. It recalls that the detention and sentencing of union leaders in connection with activities related to the protection of workers' interests endanger the free exercise of trade union rights. In the light of the last information provided by the Government, the Committee urges the Government to take steps to lift the terms of banishment imposed on leaders Bustos and Marténez.
3. 433. As regards the allegations concerning the journalist Juan Pablo Cárdenas, the Committee notes the Government's information to the effect that Mr. Cárdenas is not a party in any proceedings and he has not been convicted.
4. 434. As regards the allegation concerning proceedings against union leader Florencio Valenzuela, the Committee notes that Mr. Valenzuela was fined, together with other detainees, and was released on the same day by the Third Local Police Court of Valparaéso and that no proceedings are pending against him; the Committee also notes that the proceedings initiated by the College of Professors of Iquique and by the police, respectively, which are now under way before the military courts, as a result of the events which occurred during the celebration of International Labour Day in 1988, have been referred to the First Court of Appeal of Iquique. The Committee requests the Government to keep it informed of the development of these court proceedings.
5. 435. As regards the collective bargaining process in the Curtiembre Interamericana enterprise, the Committee notes the information supplied by the Government to the effect that this was completed on 24 October 1988, with acceptance by the workers involved of the employer's final offer.
6. 436. As regards the various allegations presented by the National Confederation of Federations and Unions of Workers in the Food, Restaurant, Hotel and Allied Trades (CTGACH), the Committee takes due note of the detailed information supplied by the Government, in particular as regards the proceedings before the appeal court initiated by Mr. Luis Benétez Galaz, leader of the Inter-Enterprise Union of Workers in the Culinary Arts, against his former employer in order to recover the benefits ordered to be paid to him. The Committee also observes that, according to the information supplied by the Government, the reinstatement proceedings initiated by union leaders Angel Catalán and Juan Montalbán are still under way; the Committee requests the Government to keep it informed of the development of these proceedings.
7. 437. As regards the reinstatement proceedings initiated by a group of workers and union leaders dismissed in connection with a stoppage of work affecting the state railway enterprise, the Committee notes that in one of the trials 48 workers withdrew their suit with the agreement of the enterprise and that trade unionists José Ortega and José Morales also withdrew their claim with the approval of the enterprise. It also notes that trade unionists Andrés Salinas and Guillermo Munizaga have been reinstated. The Committee requests the Government to inform it of the proceedings initiated by the other dismissed trade unionists, namely: José Criado, Chairman of the National Federation of Railway Workers; Germán Díaz, Secretary of the Federation; Miguel Muñoz, its Secretary-General; Ceferino Barra, Chairman of No. 1 Union; Juan Díaz, Secretary of that union; Rafael Rivera, its Treasurer; René Vilches, Director of No. 1 Union of San Bernardo; Oscar Cabello, Director of that union ; Tito Ramérez, Secretary of Trade Union No. 4 of Santiago; Juan Contreras, Chairman of the No. 5 Traction Union; Orlando Gahona, Treasurer of that union; and Iván Orellana and Luis Pradenas, both directors of that union.
8. 438. As regards the allegations of unfair practices by the Viña del Mar Municipal Corporation against the Inter-Enterprise Union of Education Officials of the Fifth Region, the Committee notes the specific information supplied by the Government. It requests the complainants to send more precise information on the points raised in their communication.
9. 439. As regards the allegations presented by the ICFTU and the WCOTP concerning the attempt by the Ministry of the Economy to disqualify Osvaldo Verdugo and Jorge Pavez, leaders of the College of Teachers, the Committee notes that the information supplied by the Government to the effect that in accordance with section 10 of Legislative Decree No. 2757 of 1979 (which provides that in order to be eligible as a director of a professional association, a person must not have been convicted or be currently prosecuted on account of a crime or an offence) the 15 members of the executive of the College of Teachers were requested to present statements as to their criminal records, and 13 of them complied with this requirement, except for Mr. Verdugo and Mr. Pavez. This resulted in them being fined, and not disqualified, as the Ministry of the Economy is not empowered to disqualify by administrative resolution a leader of a professional association. The Committee also observes that, according to the complainant, Mr. Verdugo and Mr. Pavez had been charged under the State Security Act of having organised a demonstration in July 1986. In this respect, the Committee points out that a conviction on account of activities related to the exercise of trade union rights should not constitute grounds for disqualification from trade union office and that a legislation providing for disqualification for this type of offence might be regarded as inconsistent with the principles of freedom of association.
10. 440. As regards the allegations presented by the Workers' Union of the La Previsión Insurance Company, the Committee notes the information supplied by the Government, in particular, that Mr. Morales Cruz was dismissed in accordance with the legal provisions, and was paid all of the benefits to which he was entitled and that he did not contest this decision in court. It also notes that the allegation that the enterprise ignored the terms of contracts signed in 1981 as regards length-of-service severance pay is being examined in court. As regards the transfer of union leader Mr. Araya, the Committee observes that the enterprise offered him the opportunity of changing his job if he deemed this advisable. In this respect, the Committee requests the Government to keep it informed of developments of the proceedings under way concerning the contracts signed in 1981.
11. 441. As regards the legal proceedings initiated by the Ministry of Internal Affairs against CUT leaders Diego Olivares, Nicanor Araya, Moisés Labraña, Sergio Aguirre and Manuel Jiménez for infringement of the State Security Act by calling a general strike on 18 April in order to demand the lifting of the terms of banishment of union leaders Bustos and Martínez, an end to the privatisation of state enterprises and a reply to their list of claims, the Committee notes the allegations presented by the ICFTU and WFTU. It also notes the Government's observations on the enormous damage to public and private property and the injuries suffered as a result of the disturbances of 18 April 1989. It observes that the union leaders Moisés Labraña and Manuel Jiménez have been released unconditionally. The Committee requests the Government to keep it informed of developments in the trial of the union leaders Diego Olivares, Nicanor Araya and Sergio Aguirre (who have been released on bail) and to send it the text of the judgement so that it can reach conclusions on this case in full knowledge of the facts.

The Committee's recommendations

1. 442. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a) The Committee notes that the Government has supplied detailed information on most of the allegations pending in this case.
   • b) The Committee notes with interest that in September 1988 Rolando Calderón Aránguiz, Hernán del Canto Riquelme and Mario Navarro returned to the country, where they have been residing ever since; the Committee requests the Government to keep it informed of any proceedings which may be initiated by the union leader Luis Meneses Aranda for recovery of his nationality, and requests the complainant to provide specific information on the present situation of this trade unionist.
   • c) As regards union leaders Manuel Bustos and Arturo Marténez, the Committee notes that there has been no change in their legal situation and would recall that the detention and sentencing of union leaders in connection with activities related to the protection of the workers' interests endangers the free exercise of trade union rights. Therefore, in the light of the last information provided by the Government the Committee urges the Government to take steps to lift the terms of banishment imposed on union leaders Bustos and Martínez.
   • d) The Committee notes that the journalist Juan Pablo Cárdenas is not a party in any proceedings and that he has not been convicted; it also notes that Mr. Florencio Valenzuela was released on the day he was detained after paying a fine and that no legal proceedings have been initiated against him.
   • e) As regards the legal proceedings initiated both by the College of Teachers of Inquique and by the police as a result of the events which occurred in this town on 1 May 1988, the Committee requests the Government to keep it informed of the development of these proceedings.
   • f) As regards the collective bargaining process in the Curtiembre Interamericana enterprise, the Committee notes that this was completed on 24 October 1988 with the workers' acceptance of the employer's final offer.
   • g) As regards the allegations presented by the CTGACH, the Committee, while noting the information supplied by the Government, requests it to keep it informed of the development of the legal proceedings for reinstatement initiated by trade unionists Angel Catalán and Juan Montalbán.
   • h) As regards the proceedings initiated by a number of dismissed workers and a number of union leaders of the state railway enterprise, the Committee, while noting that 48 workers have withdrawn their suit, along with unionists José Ortega and José Morales, and that trade unionists Andrés Salinas and Pedro Munizaga have been reinstated, requests the Government to inform it of the proceedings initiated by the other dismissed trade unionists.
   • i) As regards the allegations of unfair practices by the Viña del Mar Municipal Corporation against the Inter-Enterprise Union of Education Officials of the Fifth Region, the Committee notes the specific information supplied by the Government. It requests the complainants to send more precise information on the points raised in their communication.
   • j) As regards the allegations concerning the ineligibility for union office of Osvaldo Verdugo and of Jorge Pavez, leaders of the College of Teachers, the Committee notes the information supplied by the Government to the effect that the Ministry of the Economy is not empowered to disqualify the leader of an association by administrative resolution and that evidence of a clear criminal record is required in accordance with the law and that it has already been presented by 13 of the 15 members of the executive board of the College of Teachers. In this respect the Committee points out that a conviction on account of activities related to the exercise of trade union rights should not constitute grounds for disqualification from trade union office and that a legislation providing for disqualification for this type of offence might be regarded as inconsistent with the principles of freedom of association.
   • k) As regards the allegations presented by the Workers' Union of the La Previsión Insurance Company, the Committee, while noting the allegations and the Government's reply, requests the Government to inform it of developments in the legal proceedings concerning the contracts signed in 1981.
   • l) Lastly, as regards the legal proceedings initiated by the Ministry of Internal Affairs against various leaders of the CUT for having called a general strike on 18 April 1989, the Committee requests the Government to keep it informed of developments in the trial of the union leaders Diego Olivares, Nicanor Araya and Sergio Aguirre and to send it the text of the judgement so that it can reach conclusions on this case in full knowledge of the facts.