Report in which the committee requests to be kept informed of development - Report No 324, March 2001

Case No 1965 (Panama) - Complaint date: 19-MAY-98 - Closed

Allegations: Arrests and ill-treatment of trade unionists

1. 769. The Committee examined this case at its November 1999 and June 2000 meetings and presented interim reports [see 318th and 321st Reports, paras. 372-384 and 374-384 respectively]. Further government observations were later received in communications dated 26 September and 23 October 2000.
2. 770. Panama has ratified 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. Previous examination of the case

1. 771. The issues pending in this case relate to a collective dispute that arose in January 1998 between the company Aribesa and the Single National Union of Workers of the Construction Industry and Related Occupations (SUNTRACS). The pending allegations relate in particular to the raid on the premises of SUNTRACS and to the ill-treatment to which some of the detained workers (subsequently released) were subjected as a result of the incidents that occurred during a demonstration held in conjunction with a strike which, according to the Government, led to acts of violence and the destruction of property that were the subject of sanctions imposed by the judicial authority. The company dismissed all the workers. At its November 1999 meeting the Committee concluded that the company's decision to dismiss all the workers seemed excessive and appealed to the Government to mediate between the parties with a view to resolving the issue of the dismissals [see 318th Report, para. 382].
2. 772. At its June 2000 meeting the Committee made the following recommendations [see 321st Report, para. 384]:
   • - deploring that the Government has not provided more specific information, the Committee strongly requests the Government to provide more precise information concerning the settlement of the labour dispute between the Single National Union of Workers of the Construction Industry and Related Occupations (SUNTRACS) and the Aribesa enterprise and, more particularly, concerning whether the dismissed workers have been reinstated;
   • - the Committee once again urges the Government to send as soon as possible its observations concerning the raid on the premises of the SUNTRACS trade union; and
   • - regarding the allegations of ill-treatment suffered by certain detained workers, the Committee requests the Government to take the necessary measures to ensure that an independent inquiry is urgently carried out and, if such allegations are found to be true, to punish the guilty parties and provide compensation for any damages suffered by the detained workers concerned. It also requests the Government to keep it informed of the measures taken to this end and of the results thereof.

B. The Government's reply

1. 773. In its communications of 26 September and 23 October 2000, the Government states that the workers dismissed by the Aribesa enterprise submitted industrial complaints to the judicial authority and that judicial settlements were agreed to by two workers, out-of-court settlements were agreed to by 12 workers, rulings were handed down in favour of four workers, one ruling was handed down in favour of the enterprise in relation to one worker and there were three withdrawals. Still pending, awaiting a new hearing date, are the actions relating to the workers Porfirio Beitia, Francisco López, Eugenio Rivas, Julio Trejos and Darío Ulate. The Government explains that the enterprise subsequently had financial problems and that the National Reinsurance Committee in June 1999 requested its forced liquidation before the courts owing to solvency problems. Given that the enterprise is in liquidation it is impossible for the Government to order the reinstatement of the workers, particularly bearing in mind that the dismissed workers failed at the appropriate time to submit an industrial complaint to the Board of Conciliation and Decision of the province of Colón (they had three months as from the date of the dismissal to do so).
2. 774. Concerning the alleged raid on the headquarters of SUNTRACS and the alleged ill-treatment of SUNTRACS workers during their detention, the Government states that the Ministry of Labour has carried out investigations and has found nothing to substantiate these claims. Nevertheless, the Government has been in touch with the Government Prosecutor's Office, the body responsible for investigating offences, and has instructed it to carry out investigations and if the punishable conduct is found to be true, to request the corresponding penalties.

C. The Committee's conclusions

1. 775. The Committee notes the rulings (5), withdrawals (3), judicial settlements (2) and out-of-court settlements (12) that resulted from the judicial complaints submitted by the workers dismissed by the Aribesa enterprise. The Committee observes that four of the rulings are in favour of workers. Nevertheless, it notes that the Aribesa enterprise is facing a judicial process of forced liquidation owing to solvency problems, thus making it impossible to reinstate the workers. The Committee asks the Government to make efforts to ensure that funds are secured to compensate the dismissed workers. The Committee requests the Government to keep it informed of the results of the other judicial procedures initiated by the workers Porfirio Beitia, Francisco López, Eugenio Rivas, Julio Trejos and Darío Ulate, which are still pending.
2. 776. Lastly, the Committee notes that the investigations undertaken by the Ministry of Labour into the alleged raid on SUNTRACS headquarters and into the alleged ill-treatment suffered by a number of workers during the period of their detention did not find any evidence to substantiate those claims. The Committee also notes that the Government has asked the Government Procurator's Office to carry out further investigations and to request the corresponding penalties be imposed if the allegations are proved to be true. The Committee requests the Government to keep it informed of the results of these investigations.
3. 777. The Committee expresses its deep concern that nearly three years have elapsed since the facts alleged have occurred without the allegations having been clarified. The Committee urges the Government to expedite procedures and investigations with a view to resolving the case rapidly.

The Committee's recommendations

1. 778. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed of the results of the judicial procedures initiated by the workers of the Aribesa enterprise Mr. Porfirio Beitia, Mr. Francisco López, Mr. Eugenio Rivas, Mr. Julio Trejos and Mr. Darío Ulate. As regards the dismissed workers for whom reinstatement is impossible, the Committee urges the Government to make efforts to ensure that funds are secured to compensate them.
   • (b) The Committee requests the Government to keep it informed of the results of the investigations undertaken by the Government Procurator's Office into the alleged raid on SUNTRACS headquarters and the alleged ill-treatment suffered by a number of Aribesa workers during their detention.
   • (c) The Committee expresses its deep concern that nearly three years have elapsed since the occurrence of the facts alleged without the allegations having been clarified. The Committee urges the Government to expedite procedures and investigations with a view to resolving the case rapidly.