Interim Report - Report No 286, March 1993

Case No 1690 (Peru) - Complaint date: 24-DEC-92 - Closed

1. 465. This complaint was presented in a communication from the World Confederation of Labour (WCL) dated 24 December 1992.
2. 466. The Government sent its observations in communications dated 6 and 29 January as well as 15 February 1993.
3. 467. Peru has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 468. In its communication of 24 December 1992, the complainant organization alleges the assassination on 18 December 1992 Mr. Pedro Huilca Tecse, Secretary-General of the General Confederation of Workers of Peru (CGTP), and emphasizes the coincidence that this act was committed after the coup d'état and the application of an extreme neo-liberal programme and that the assassinated official was a member of one of the most representative workers' organizations of Peru. The complainant organization also states that other officials of trade union organizations of Peru, and in particular those of the Autonomous Confederation of Workers of Peru (CATP) have been the victims of repeated threats.

B. The Government's reply

1. 469. In its replies the Government states that the assassination of Mr. Pedro Huilca Tecse was the work of the "Shining Path" terrorist group, as confirmed by an edition of the publication "El Diario" (an organ of that organization). The Government points out that on 18 December 1992, four members of the "Shining Path" assassinated the above-mentioned trade union leader with machine-gun fire when he was leaving his residence accompanied by his son, who was seriously wounded, and that the authors of the crime are members of the so-called "extermination commandos" which the terrorist group uses to commit crimes and sow violence. In addition, the Government states that four terrorists have been arrested and are being dealt with by the justice system. Four others are still sought.

C. The Committee's conclusions

1. 470. The Committee expresses its most energetic condemnation of the assassination of Mr. Pedro Huilca, Secretary-General of the CGTP, and of the injuries suffered by his son. The Committee notes the observations of the Government that this trade union leader was assassinated by four members of the "Shining Path" terrorist group, which has claimed responsibility for the assassination. This Committee notes that according to information communicated by the Government, four terrorists have been captured and four others are still being sought. The Committee asks the Government to open a judicial inquiry without delay with a view to determining responsibilities and severely punishing all those responsible and to keep it informed of the outcome of the inquiry.
2. 471. As regards the allegations concerning the threats made against trade union officials of the Autonomous Confederation of Workers of Peru (CATP) and other trade union officials in Peru, the Committee notes that the complainant organization has not given the names of the officials concerned or details of these threats and requests it to do so.
3. 472. In general, the Committee draws the attention of the Government to the fact that trade union rights can be exercised only in a climate free of violence, coercion or threats of any kind against trade unionists, and that it is the responsibility of governments to guarantee the respect of this principle (see 283rd Report of the Committee on Freedom of Association, para. 256). The Committee expresses the firm hope that the Government will take the measures that it can to guarantee this principle.

The Committee's recommendations

1. 473. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expresses its most energetic condemnation of the assassination of Mr. Pedro Huilca, Secretary-General of the CGTP, and of the injuries suffered by the son of this official. The Committee requests the Government to open a judicial inquiry without delay with a view to determining responsibilities and severely punishing all the guilty parties, and to keep it informed of the outcome of the inquiry.
   • (b) The Committee observes that the complainant organization has not given the names of officials who have been threatened or the content of these threats and requests it to do so.
   • (c) In drawing the attention of the Government to the fact that trade union rights may be exercised only in a climate free of violence, coercion or threats of any kind against trade unionists and that it is the responsibility of governments to guarantee respect of this principle, the Committee expresses the firm hope that the Government will take all the measures available to it to guarantee this principle.