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- 457. The complaint is contained in a communication from the International
- Confederation of Free Trade Unions (ICFTU) dated 17 October 1988. The Latin
- American Central of Workers (CLAT) presented its complaint in a communication
- dated 25 January 1989, supported by a letter dated 25 January 1989 from the
- World Confederation of Labour (WCL). The Government replied in communications
- dated 2 February and 24 April 1989.
- 458. Panama has ratified both the Freedom of Association and Protection of
- the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and
- Collective Bargaining Convention, 1949 (No. 98).
A. The complainants' allegations
A. The complainants' allegations
- 459. The ICFTU alleges that on 19 September, three members of the Executive
- of the Trade Union of Water and Electricity Board Workers (SITIRHE) were
- arrested, as they were considered subversive elements for having organised
- successive strikes to obtain wage increases and better working conditions. The
- trade unionists affected by these arbitrary measures are Fernando del Río
- Gaona (supervisor of electric cables, organisational secretary and former
- secretary-general of the trade union), Luis Enrique Hurtado Jaramillo (civil
- engineer and press and publicity secretary of the trade union) and Angel Julio
- Corvalán Sánchez (unions' defence and labour under-secretary of the trade
- union).
- 460. The ICFTU adds that previously, on 16 August 1988, Isaac Rodréguez,
- Secretary-General of the same trade union (SITIRHE), was arrested; he was
- severely beaten during his detention.
- 461. Furthermore, in connection with the same occurrences, the CLAT and the
- WCL allege in their communications of 25 and 30 January 1989 that the
- authorities intervened following legitimate claims decided upon democratically
- by the workers grouped together in the Trade Union of Water and Electricity
- Board Workers (SITIRHE). This resulted in the premises of the trade union
- being searched and closed by the national guard and the trade union funds
- confiscated; some 350 workers and 50 officials were arbitrarily dismissed and
- more than 80 members of the trade union arrested. This gave rise to a
- permanent persecution campaign against the trade union officials, and the
- secretary-general of the organisation has been in exile in Spain since
- November 1988. The WCL and CLAT point out that the trade union officials,
- Messrs. Fernando del Río, Hurtado and Corvalán were arrested and subsequently
- released.
- B. The Government's reply
- 462. In its communication of 28 February 1989, the Government states that
- the allegations concerning the arrest of the above-mentioned trade union
- officials are totally devoid of truth, since they disclaim any link between
- these persons with the criminal offences committed that seriously endangered
- collective security and the internal integrity of the State. These events
- occurred during violent actions, which were mainly instigated by organisations
- of a political nature in their attempt to bring about a change in the
- constitutionally established order.
- 463. The Government points out that the consequences of these criminal
- actions were of such magnitude that the electric power supply was totally cut
- off throughout the Republic for more than 24 hours; this was due to criminal
- acts of sabotage and caused irreparable damage - even loss of life. The
- respective inquiries determined that Messrs. Isaac Rodríguez, del Río, Hurtado
- and Corvalán were unequivocably linked with these crimes and, consequently,
- the investigating official ordered their preventive detention in accordance
- with the standards laid down in the Penal Code. Indeed, section 235 of the
- Penal Code deals with the standards transgressed; it states that "a person who
- damages or puts out of action pipes, dams or other devices designed for
- irrigation, conveying water and producing or carrying electricity or other
- sources of energy shall be punished by imprisonment of three to eight years.
- If the death of one or several persons is caused by the actions described
- above, the penalty provided for under section 232 o)shall apply".
- 464. The Government also adds that Messrs. Rodríguez, del Río, Hurtado and
- Corvalán, taking advantage of their position as trade union officials, were
- involved in promoting and conducting political activities, thus flouting basic
- objectives to bring about the good of workers as a whole - and committed
- crimes against the internal integrity of the State. However, the Government
- states that the investigating official, who is at present entrusted with
- carrying out inquiries into this case, released these persons, although these
- inquiries have not yet ended.
- 465. In its communication of 24 April 1989, the Government gives the
- following account of the events: on 16 March 1988, Isaac Rodríguez,
- Secretary-General of the Trade Union of Water and Electricity Board Workers
- (SITIRHE), gave the order through the Board's radio, together with other trade
- union officials and members, to shut down all the electricity power stations,
- thus leaving the entire country without electricity for 24 hours. The
- following day, there was a tripartite meeting at which the SITIRHE agreed to
- give the order to restore electricity but this was not carried out since it
- was necessary to call upon technical staff not working in the electricity
- power stations; this caused a delay of up to 54 hours in some cases because
- Isaac Rodríguez' original instructions had not only been to cut off the
- electricity but also to tamper with the system and sabotage the machinery
- enabling it to be quickly restored. At the same time the SITIRHE officials
- were carrying out their strike on 16 March 1988, there was an attempted
- military coup headed by a colonel who had permanent contacts with Isaac
- Rodréguez and even had a meeting with him on 15 March 1988. Similarly, on 16
- March 1988, there was a demonstration in the city of Panama with a massive
- turnout of workers convened by the SITIRHE; and there is documentary evidence
- that Isaac Rodríguez and other trade union officials were handing out arms on
- this occasion. An arrest warrant was issued against Isaac Rodríguez on account
- of his participation in the events of 16 March 1988 and he was charged with
- having committed offences endangering collective security and the internal
- integrity of the State. However, he was not arrested and remained hidden for
- more than two months. The Attorney General also ordered the arrest of Fernando
- del Río, Luis Enrique Hurtado, Angel Julio Corvalán and other trade union
- officials and militants on account of the events of 16 March. It was
- impossible to arrest these persons because they remained hidden. According to
- the documentation sent by the Government, a total of 84 arrest warrants were
- issued.
- 466. On 16 August 1988, Isaac Rodréguez led a group of workers who, acting
- on their own initiative and failing to give previous notice or seek any
- authorisation, cut the supply of electricity to the National Television
- Channel 2 (ERSA), causing significant material damage, disrupting public law
- and order and obstructing the public highway, using vehicles belonging to the
- Board. On account of this, Isaac Rodríguez and the other workers were arrested
- and later released. None of these workers showed any signs of having been
- beaten; in the particular case of Isaac Rodríguez, this is borne out by the
- forensic medical report.
- 467. Throughout the month of September, the campaign to discredit the IRHE
- authorities and the National Government continued. The trade union officials,
- Messrs. del Río, Hurtado and Corvalán called upon the community, by means of
- pamphlets and radio announcements, not to pay their electricity bills. On 19
- September, they held meetings in the workplaces at Poli, Las Tablas and
- Torremolinos, where they ordered the workers to stop work without justified
- grounds, thereby infringing the provisions contained in the Cabinet Decrees
- Nos. 6 and 23 of March 1988; these state that the IRHE, as other public
- service institutions, is an enterprise guaranteeing national security, thus
- authorising the army to intervene if the provisions contained in the said
- legislation are violated. In view of the circumstances, Messrs. del Río,
- Hurtado and Corvalán were arrested on the basis of the above-mentioned Cabinet
- Decrees and the arrest warrant issued after the events of 16 March 1988. Mr.
- Rodréguez Armuelles sought refuge in the headquarters of the Papal Nunciature
- until the date when he left the country for Spain as a political refugee with
- the consent of the authorities who gave him a safe-conduct, in spite of the
- fact that a warrant for his arrest had been issued and that he was charged
- with the above-mentioned offences. In November 1988, Fernando del Río was
- released; Luis Enrique Hurtado and Angel Julio Corvalán were released in
- December and proceedings are still pending against them. They are all charged
- with having committed offences against collective security and the internal
- integrity of the State, with abusing authority and infringing the duties of
- public service, with usurping public functions and committing acts against
- public authorities, and more specifically with infringing sections 235, 287,
- 301, 305, 306, 338, 343 and 344 of the Penal Code.
- 468. Furthermore, proceedings were instigated to authorise the dismissal of
- Mr. Rodríguez, who enjoyed trade union immunity in his capacity as a trade
- union official; the Higher Labour Court authorised his dismissal on the
- grounds that he had participated in the events of 16 March 1988.
- 469. The Government concludes by pointing out that the judicial proceedings
- undertaken were at no time prompted by the trade union activities of the
- persons concerned but by serious offences against state security; there can
- therefore be no question of infringement of Conventions in the field of
- freedom of association.
C. The Committee's conclusions
C. The Committee's conclusions
- 470. In the present complaint, the complainant organisations have alleged
- that after strikes carried out in the electricity sector to obtain wage
- increases and better working conditions, the authorities arrested four trade
- union officials and 80 members of the Trade Union of Water and Electricity
- Board Workers (SITIRHE), searched and closed the trade union premises,
- confiscated trade union funds and arbitrarily dismissed 50 trade union
- officials and 350 workers.
- 471. As regards the detention of four trade union officials and 80 trade
- unionists, the Committee notes that there is a contradiction between the
- Government's and the complainant's accounts of the grounds for these
- detentions. According to the Government's reply, the arrests occurred because
- common law crimes had been committed and mainly because the electricity supply
- had been cut off without warning throughout the country for 24 hours;
- furthermore, this action had been accompanied by acts of sabotage and had had
- political objectives because on the same day there had been an attempted
- military coup by a colonel who was in permanent contact with the
- secretary-general of the SITIRHE. On the other hand, the complainant
- organisations allege that trade union officials and trade unionists in the
- elctricity sector were arrested because they had taken part in a strike to
- obtain wage increases and better working conditions. Furthermore, it is not
- clear whether the strike in the electricity sector was legal on the day the
- supply of electricity was cut off because, although the Labour Code authorises
- strikes in the electricity sector - provided that notice is given and that a
- minimum service is maintained (sections 486 and 487) - the Government pointed
- out that on 6 and 23 March 1988 the Cabinet had issued Decrees banning strikes
- in this sector. However, the Government did not send copies of these Decrees;
- neither did it provide information on the reasons why the general regulations
- on strikes were amended with respect to the electricity sector.
- 472. In view of the marked contradictions between the allegations and the
- Government's reply and the lack of information on several points, the
- Committee feels that it has not been presented with enough information to
- reach a conclusion on the allegations concerning the arrests of trade union
- officials and trade unionists. Consequently, noting that the four trade union
- officials in question are on bail (one of them is in exile in a foreign
- country) and that proceedings against them are under way, the Committee
- requests the Government to send it the text of the judgement handed down in
- this case. The Committee also requests the Government to provide details on
- the stage of the proceedings against the other 80 trade unionists who were
- arrested, to mention whether they have been released and to provide the text
- of the judgement that might be handed down in their case.
- 473. Finally, the Committe regrets to note that the Government failed to
- reply to the other allegations (the searching and closure of the premises of
- the SITIRHE, the confiscation of its funds and the arbitrary arrest of 50
- trade union officials - the Government only referred to the dismissal of the
- official Isaac Rodríguez - and of 350 workers). The Committee therefore
- requests the Government to reply to these allegations.
The Committee's recommendations
The Committee's recommendations
- 474. In view of the foregoing interim conclusions, the Committee invites the
- Governing Body to approve the following recommendations:
- a) The Committee requests the Government to send it the text of the
- judgement handed down in the case against the four trade union officials (at
- present on bail) and 80 trade unionists accused of having caused the cut in
- the electricity supply throughout the country for 24 hours by carrying out
- acts of sabotage, and of having committed other crimes. The Committee also
- requests the Government to inform it of the stage reached in the corresponding
- proceedings and to mention whether the 80 trade unionists detained have been
- released.
- b) The Committee regrets that the Government failed to reply to the
- allegations concerning the searching and closure of the premises of the
- SITIRHE, the confiscation of its goods and the arbitrary arrest of 50 trade
- union officials and 350 workers. The Committee urges the Government to reply
- to these allegations in the immediate future.
