Report in which the committee requests to be kept informed of development - Report No 327, March 2002

Case No 2156 (Brazil) - Complaint date: 04-OCT-01 - Closed

Allegations: Murder of a trade union official

1. 198. The complaint is contained in a communication dated 4 October 2001 from the International Confederation of Free Trade Unions (ICFTU). The Government replied in communications dated 13 November and 27 December 2001.
2. 199. Brazil has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. The complainant’s allegation

1. 200. In its communication dated 4 October 2001, the ICFTU reported the murder of Carlos Alberto Santos Oliveira, known as “Gato”, who was President of the Sergipe Citriculture Workers’ Trade Union. The murder occurred on 22 September 2001 at 9.15 in the evening when five gunmen shot the victim eight times at close range. Carlos Alberto Santos Oliveira was well know at the international level for his work for the rights of rural workers and the abolition of child labour. The complainant assumes that it was for this very reason that he was murdered as he frequently condemned the use of child labour on the orange plantations.

B. The Government’s reply

1. 201. In communications dated 13 November and 27 December 2001, the Government stated that the Special Operations Centre (COPE), in collaboration with the Federal Police, is investigating the circumstances of the murder of Carlos Alberto “Gato” Santos Oliveira and that there is already evidence showing that this occurred as a result of the trade union and political activities of the victim. The Government also states that the following have been accused and detained: Nelson José Nilton dos Santos, Finance Secretary of the city of Tomar do Geru; Valmir dos Santos Souza, Chief of the Military Police and Personal Safety of the Prefect of Tomar do Geru; and Gildeon F. da Silva, Prefect of Tomar do Geru. Elizeu Santos, Prefect of Cristinapolis may also be added to this list (the State Court is reviewing the relevant judicial orders for imprisonment). The Government indicates that, although at this time it is unable to reveal any more with regard to the investigations, in order to ensure that these are successful and that the two witnesses to the case are protected, the ILO will be informed of developments and the outcome of the legal proceedings as soon as is expedient.

C. The Committee’s conclusions

1. 202. The Committee notes with concern and deeply deplores the murder of Carlos Alberto Santos Oliveira, President of the Sergipe Citriculture Workers’ Trade Union on 22 September 2001. The Committee notes that both the complainant and the Government believe that this took place as a means of halting the important trade union and political work of the victim. The Committee also notes the Government’s statement that the Special Operations Centre (COPE) is investigating the circumstances of this murder in collaboration with the Federal Police and that the authorities will prosecute the suspects. The Committee also notes that once the duty of silence surrounding the legal proceedings is lifted, the Government will inform the Committee of developments and indicate where responsibilities lie. The Committee recalls that “the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events” [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, para. 51]. The Committee urges the Government to ensure that the investigations initiated in order to clarify the facts and determine those responsible are concluded rapidly so that anyone having participated in this murder, including the perpetrators, are punished as required by law. The Committee requests the Government to keep it informed of developments in the legal proceedings.

The Committee's recommendations

1. 203. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Deeply deploring the murder of the trade union leader, Carlos Alberto Santos, the Committee urges the Government to ensure that the investigations to clarify the facts and determine those responsible are concluded rapidly so that anyone having participated in this murder, including the perpetrators, are punished as required by law. The Committee requests the Government to keep it informed of developments in the legal proceedings.