Interim Report - Report No 401, March 2023

Case No 3277 (Venezuela (Bolivarian Republic of)) - Complaint date: 10-JUN-16 - Active

Allegations: The complainant organizations denounce the killing of a trade union leader, acts of persecution, intimidation and harassment against trade unionists and trade union leaders, dismissals of union leaders at a steel enterprise in the public sector, and arbitrary detentions of trade union leaders and trade unionists

1. 698. The complaint is contained in a communication of 10 June 2016 presented under article 26 of the ILO Constitution by several delegates to the 105th Session (2016) of the International Labour Conference. The Governing Body decided at its 329th Session (March 2017) that all allegations of the complaint concerning Convention No. 87 should be transmitted to the Committee on Freedom of Association for their examination.
2. 699. The complainant organizations presented additional information in communications dated 15 March 2017, 15 December 2020, 11 January 2021, 1 and 2 February 2021 and 23 September 2022. In addition, the National Union of Workers of Venezuela (UNETE) submitted additional allegations and information in communications dated 14 February 2023. The National Federation of Labour Unions of Higher Education of Venezuela (FENASOESV) submitted further allegations by communication of 15 February 2023.
3. 700. The Government sent its observations in various communications dated 15 September 2016, 9 January 2017 and 25 October 2017.
4. 701. The Bolivarian Republic of Venezuela 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. The complainants' allegations

1. 702. UNETE denounces the killing of Mr Ramón Jiménez, general secretary of the Construction Union of Barinas State, on 16 April 2015. UNETE also denounces acts of persecution by state security forces against Mr Reynaldo Díaz, general secretary of the Union of Electricians and Allied Workers of the Capital District and Miranda State. UNETE further denounces acts of persecution and harassment and suspension of the payment of wages of Ms Norma Torres, administration and finance secretary of the Union of Electricians and Allied Workers of Carabobo State.
2. 703. UNETE alleges in its communication of 1 February 2017 the anti-union dismissal of Mr Alejandro Álvarez Aular, general secretary of the Union of Workers of the National Steel Enterprise (SIDERNAC), a union affiliated to UNETE. Specifically, UNETE reports that Mr Álvarez Aular, in the exercise of his trade union functions, denounced to the Labour Inspectorate of Puerto Ordaz on 19 January 2021 various violations of labour rights at a steel enterprise in the public sector in which he worked as plant protection supervisor, with 25 years of service. The complainants indicate that following the denunciation, managerial and supervisory staff of the public enterprise informed Mr Álvarez that “on the instructions of the president of the enterprise … he could no longer do his usual rounds of the enterprise installations … involving contact with the workers”. The complainants indicate that doing these rounds of the enterprise installations were part of the trade union functions of Mr Álvarez. Subsequently, the enterprise security staff instructed him to leave the plant, denied him entry and told him that he should not resist as officials from the Directorate-General of Military Counter-Intelligence (DGCIM) were on the enterprise premises and were hoping for some reaction from him so as to be able to arrest him. The complainants indicate that as follow-up Mr Álvarez submitted a new official letter to the Labour Inspectorate of Puerto Ordaz on 21 January 2021 to denounce the above-mentioned events.
3. 704. UNETE indicates that the same measure was applied on the following day to Mr Arjonio Farrera, who was also working at the enterprise and held the post of labour and complaints secretary of SIDERNAC. The complainants denounce the fact that 16 other workers were dismissed by the same public enterprise. The complainants allege that the above-mentioned acts not only violate the national legislation and international conventions relating to freedom of association but are also contrary to the decree published on 31 December 2020 in Official Gazette No. 6.611, protecting public and private workers against dismissal for a further two years. In this regard, UNETE alleges that the general secretary of SIDERNAC followed up on the above-mentioned events with the submission of official letters on 29 January 2021 to: (i) the office of the Director-General of the DGCIM for the Guyana Region, in order to request a meeting with the union’s executive committee to seek an explanation for the visits of DGCIM groups and armed units to the public steel enterprise; and (ii) the Labour Inspectorate of Puerto Ordaz, in order to denounce violations of the above-mentioned decree and other applicable legislation relating to protection against dismissal.
4. 705. By a communication of 23 September 2022, UNETE alleges new acts of persecution and harassment against it, in particular the violent intrusion on 20 September 2022 of four presumed DGCIM officials, one of whom was armed, to prevent the holding of a press conference attended by family members and lawyers of imprisoned workers. In this communication UNETE asked that several appendices sent to various authorities be considered as part of the complaint, namely: (i) a letter sent to the members of the Credentials Committee at the 110th Session of the International Labour Conference (30 May 2022) to object to the delegation nominated by the Government; (ii) a letter to the ILO Director-General (7 June 2022), which includes an account of the background to the social dialogue forum, as well as other events that occurred at the time of the forum; and (iii) a letter sent to the Deputy Minister for the Integrated Labour Inspection and Social Security System regarding consultation on special laws complementing or deriving from the Basic Act on Labour and Workers.
5. 706. UNETE alleges that the Government has been implementing a systematic policy of violations of freedom of association, including anti-union reprisals and violations of collective bargaining. UNETE adds that these allegations have been examined in the context of various complaints to the Committee (in particular Cases Nos 2763, 2027, 2917, 2968, 3006, 3016, 3036, 3059, 3082, 3172 and 3187) and by the Committee of Experts on the Application of Conventions and Recommendations (CEACR).
6. 707. Furthermore, the CTV, on behalf of and representing the Single Union of Petroleum, Chemical and Allied Workers and Employees of the Autonomous Municipalities of Bruzual, Peñalver, Bolívar, Libertad and Sotillo of Anzoátegui State, alleges the arbitrary detention and irregular criminal prosecution of Mr Eudis Felipe Girot, executive director of the United Federation of Petroleum Workers (FUTPV). The CTV alleges that at 7 p.m. on 18 November 2020 DGCIM officials arrested Mr Girot on the basis of an arrest warrant dated 16 November 2020 issued by the Third Special Criminal Court of First Instance for Control Functions, which has competence to deal with crimes related to terrorism. The CTV alleges that Mr Girot was transferred to the headquarters of the DGCIM in Pozuelos in Sotillo Municipality in Anzoátegui State and then to Caracas. The CTV alleges that Mr Girot was charged with the crimes of terrorism, association with organized crime (sections 52 and 37 of the Basic Act against organized crime and funding of terrorism), disclosure of confidential information and conspiracy (sections 134 and 132 of the Penal Code). The CTV adds that, at the corresponding hearing, the court dismissed the charges of disclosure of confidential information and conspiracy but upheld the charges of terrorism and association with organized crime, issuing a precautionary measure of 45 days in custody in Caracas.
7. 708. The CTV maintains that Mr Girot is a recognized trade union leader in the petroleum sector who has led two national protests demanding that benefits established by contract should be honoured and has received support from petroleum workers in other states. The CTV therefore alleges that the deprivation of freedom and criminal prosecution of Mr Girot stem from his complaints concerning workers’ conditions of employment in the petroleum industry and the status of his employer. The CTV adds that the crimes with which Mr Girot has been charged are subject to penalties of imprisonment ranging from 6 to 30 years. The CTV points out that the report of the Commission of Inquiry established under article 26 of the ILO Constitution to examine the observance by the Government of the Bolivarian Republic of Venezuela of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), indicates that trade unionists are being persecuted and prosecuted in the country, and the CTV quotes paragraph 45 of the report: “[T]he Commission considers that: (i) the bringing of criminal charges such as terrorism and treason against leaders of professional associations and trade unionists in relation to their trade union activities; […] and (iv) the continuation of criminal proceedings for years, with the imposition of probationary measures on the leaders, constitute serious violations of the civil liberties inherent to freedom of association and contribute greatly to the repression and hindering of that freedom, and confirm the perception examined earlier in the report that the exercise of trade union activities constitutes a high-risk activity in the country.” The CTV also asserts that the independent international fact-finding mission on the Bolivarian Republic of Venezuela, appointed by the United Nations Human Rights Council (September 2020, A/HRC/45/33), highlighted the fact that criminal prosecution by judges and prosecutors without any independence whatsoever, and with the frequent intervention of intelligence agencies, is a common pattern in the Bolivarian Republic of Venezuela. In conclusion, the CTV claims that in the case of Mr Girot a pattern is being repeated, which was also examined by the Commission of Inquiry, of proceedings being held in a court far from the home of the accused, thereby exposing him to isolation from family and friends and depriving him of assistance, even in the form of food and medicine.
8. 709. SINTRAFERROMINERA, for its part, alleges the arbitrary detention since 17 June 2011 and the prolonged criminal prosecution of Mr Rodney Álvarez for participating in a workers’ assembly. SINTRAFERROMINERA alleges that: (i) by the end of 2020, Mr Álvarez had still not been released; (ii) the ILO Director-General, the Committee on Freedom of Association and the Commission of Inquiry are aware of the situation of Mr Álvarez; and (iii) the judicial proceedings were interrupted on several occasions, with the case being transferred to various destinations, resulting in delays to the proceedings. SINTRAFERROMINERA asks the Committee to request the Government to release Mr Álvarez.

B. The Government’s reply

1. 710. With regard to the allegations concerning the killing of Mr Ramón Jiménez, general secretary of the Construction Union of Barinas State, the Government indicates that the relevant organizations have stated that the case is under investigation but that it cannot be inferred that his killing is related to his status of trade union leader, and so this is a baseless allegation.
2. 711. With regard to the allegations of persecution by state security forces of Mr Reynaldo Díaz, general secretary of the Union of Electricians and Allied Workers of the Capital District and Miranda State, the Government denies that there has been any persecution. The Government asserts that Mr Díaz has the full use and exercise of his legal and trade union powers and that there is no arrest warrant or investigation against him, and that he even participated in the negotiation of the collective agreement for the electricity sector. Moreover, with regard to similar allegations, including the suspension of the payment of wages, relating to Ms Norma Torres, administration and finance secretary of the Union of Electricians and Allied Workers of Carabobo State, the Government states that it consulted the enterprise which employs Ms Torres and indicates that: (i) Ms Torres did not appear for work for over nine months; (ii) under the collective agreement Ms Torres does not have indefinite union leave; (iii) she has refused to return to her job; and (iv) for the above reasons the payment of her wages has been suspended. The Government adds that an application for authorization of dismissal of Ms Torres is currently with the Inspectorate of the Ministry of Labour and this has nothing to do with her union activities but with her repeated absenteeism. The Government asserts that there has been no harassment or persecution of Ms Torres.
3. 712. With regard to the allegations concerning criminal prosecution and imprisonment of trade unionists and workers for the exercise of their trade union rights, with some of these individuals remaining in prison for an indefinite period or under the obligation to appear at intervals before a criminal judge, the Government indicates that UNETE does not provide precise information. The Government adds that in previous cases before the Committee it has asked the Committee to require the complainants to provide a list of information containing their details and the trade union to which they belong, indicating the union activity for which proceedings are supposedly being conducted against them. Furthermore, with regard to the allegations concerning anti-union reprisals and the violation of the right to collective bargaining and freedom of association, the Government categorically denies the claim regarding the supposed application of judicial measures without duly substantiated grounds. The Government also indicates that: (i) peaceful protest is a constitutional right; (ii) it is the responsibility of the State to protect people, property and institutions against any illicit actions performed by third parties as part of a violent protest; (iii) the action of police and security forces is in accordance with the law; and (iv) the perpetration of illicit acts cannot be claimed to be the exercise of civil, political or labour rights.
4. 713. Lastly, the Government indicates in its communication of 25 October 2017 that, according to its analysis, the case forms part of a series of cases brought before the Committee which are being examined individually. Two of these cases are active (Nos 3016 and 3187), seven are at the follow-up stage (Nos 2763, 2827, 2917, 3006, 3036, 3059 and 3172), and two have been closed (Nos 2968 and 3082).

C. The Committee’s conclusions

1. 714. The Committee notes that the present case was submitted on 10 June 2016 in a complaint made under article 26 of the ILO Constitution by several delegates to the 105th Session (2016) of the International Labour Conference. The Committee notes that the Governing Body decided at its 329th Session (March 2017) that all allegations of the complaint concerning Convention No. 87 should be referred to the Committee for their examination. The Committee observes that in the complaint the complainants denounce violations of public freedoms and civil liberties, dismissals of trade union leaders at a steel enterprise in the public sector, acts of persecution, intimidation and harassment against trade unionists and trade union leaders, and arbitrary detentions of trade union leaders and trade unionists. The Committee observes that, as indicated by UNETE, some of the allegations made have already been examined by the Committee in the context of other cases. Moreover, the Committee observes that the Government has only supplied partial information in response to the allegations in the complaint, generally denying the allegations of persecution, intimidation and harassment as well as the other alleged violations of public freedoms and civil liberties, and further indicating the duplication of allegations in other cases which are active in the Committee, are being followed up or have been closed.
2. 715. The Committee notes the general allegations of UNETE that the Government has implemented a systematic policy of violations of freedom of association, also noting that UNETE lists a series of cases submitted to the Committee for examination. With regard to these general allegations, the Committee notes the Government’s reply indicating that the allegations were being examined individually by the Committee, with two cases active (Nos 3016 and 3187), seven at the follow-up stage (Nos 2763, 2827, 2917, 3006, 3036, 3059 and 3172), and two closed (Nos 2968 and 3082). In the light of the foregoing, the Committee will not re-examine allegations on which it has already given an opinion.
3. 716. The Committee notes that UNETE, in its communication dated 23 September 2022, asks the Committee to consider as part of the complaint several appendices sent to various authorities, namely: (i) a letter sent to the members of the Credentials Committee at the 110th Session of the International Labour Conference (30 May 2022) to object to the delegation nominated by the Government; (ii) a letter to the ILO Director-General (7 June 2022), which includes an account of the background to the social dialogue forum, as well as other events that occurred at the time of the forum; and (iii) a letter sent to the Deputy Minister for the Integrated Labour Inspection and Social Security System regarding consultation on special laws complementing or deriving from the Basic Act on Labour and Workers. In this regard, the Committee observes that UNETE does not specify the allegations which it intends to submit in relation to the above-mentioned appendices, and so it invites this complainant to specify and provide details of its allegations relating to the appendices so that the Committee can undertake the relevant examination.
4. 717. The Committee notes with deep concern UNETE’s allegation concerning the killing on 16 April 2015 of Mr Ramón Jiménez, general secretary of the Construction Union of Barinas State. The Committee notes the information provided by the Government in this regard, indicating in general terms that the relevant organizations have stated that the case is under investigation, that it cannot be inferred that his killing is related to his status of trade union leader, and that this is therefore a baseless allegation. The Committee observes that this allegation was examined by the CEACR in its observations concerning the application of Convention No. 87 published in 2015 and 2016. Moreover, the Committee observes that this case was also examined by other ILO supervisory bodies as a result of the complaint made under article 26 of the ILO Constitution by several Employer delegates at the 104th Session of the International Labour Conference against the Bolivarian Republic of Venezuela and the decision of the Governing Body to appoint a Commission of Inquiry to examine this country’s non-observance of Convention No. 87, among other Conventions. The Committee notes from the report of the Commission of Inquiry (published in 2019) that the latest information from the Government in this regard indicates that the case was under investigation in relation to the suspected crime of aggravated homicide (paras 215 and 216).
5. 718. While observing that UNETE does not provide further details of the killing of Mr Jiménez, the Committee notes with concern that from the time of the killing of Mr Jiménez in 2015 until the time the Commission of Inquiry carried out its work, the case has apparently not yet been resolved. In this regard, the Committee recalls that the right to life is a fundamental prerequisite for the exercise of the rights contained in Convention No. 87 (ratified by the Bolivarian Republic of Venezuela) [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 81]. The Committee also 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 Compilation, para. 94]. The Committee deeply deplores the killing of Mr Jiménez and urges the Government to take the necessary steps to ensure that the competent authorities: (i) give priority to the investigations under way and make every effort necessary to identify as quickly as possible the perpetrators and instigators of the killing of Mr Jiménez and ensure that the corresponding penalties are imposed on them; and (ii) take full account in the investigations of all relevant elements relating to the trade union activity of Mr Jiménez. The Committee requests the Government to provide information soon on progress made in this respect.
6. 719. The Committee notes the allegations made by UNETE concerning persecution, intimidation and harassment of trade union leaders. With regard to the alleged persecution by state security forces of Mr Reynaldo Díaz, general secretary of the Union of Electricians and Allied Workers of the Capital District and Miranda State, the Committee notes that the Government denies that the alleged events occurred and asserts that Mr Díaz has the full use and exercise of his legal and trade union powers and that there is no arrest warrant or investigation against him. The Committee also notes the allegations of persecution, harassment and suspension of the payment of wages of Ms Norma Torres, administration and finance secretary of the Union of Electricians and Allied Workers of Carabobo State. In this regard, the Committee notes the Government’s statement that there has not been any harassment or persecution and that it has forwarded the information provided by the enterprise employing Ms Torres, which indicates that: (i) it denies these allegations; (ii) Ms Torres did not appear for work for over nine months; (iii) Ms Torres does not have indefinite union leave and has refused to return to her job, and so if wages have been deducted, it is because of her absenteeism; and (iv) it applied for an authorization of dismissal to the Inspectorate of the Ministry of Labour; this has nothing to do with the union activities of Ms Torres but with her absenteeism. The Committee observes major divergences between the assertions contained in the complaint and the Government’s reply with respect to the cases of Mr Díaz and Ms Torres. In view of these divergences, the Committee invites UNETE to provide further details regarding the allegation of persecution and harassment of the above-mentioned trade union leaders so that this issue can be examined in full knowledge of the facts and, if this is not possible, to indicate whether there is any obstacle to providing this information; and it requests the Government to send further information regarding the procedure initiated with the Inspectorate of the Ministry of Labour against Ms Torres.
7. 720. The Committee notes UNETE’s allegations regarding persecution and harassment that it faced on 20 September 2022, denouncing the violent intrusion of four presumed officials of the DGCIM, one of them armed, with the intention of preventing a press conference attended by family members and lawyers of imprisoned workers. In this regard, the Committee recalls that freedom of opinion and expression and, in particular, the right not to be penalized for one’s opinions, is an essential corollary of freedom of association, and workers, employers and their organizations should enjoy freedom of opinion and expression in their meetings, publications and in the course of their trade union activities [see Compilation, para. 235]. The Committee also recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Compilation, para. 84]. Observing that the Government has still not responded to this allegation, the Committee requests the Government to provide its observations on this matter as quickly as possible.
8. 721. The Committee notes the allegations made by the CTV denouncing the arbitrary detention and irregular criminal prosecution of Mr Eudis Felipe Girot, executive director of the United Federation of Petroleum Workers of Venezuela (FUTPV). The Committee notes that the CTV alleges that: (i) at 7 p.m. on 18 November 2020, DGCIM officials arrested Mr Girot on the basis of an arrest warrant issued by the Third Special Criminal Court of First Instance for Control Functions, which has competence to deal with crimes related to terrorism (16 November 2020); (ii) further to the initial court hearing in Caracas, the court dismissed some of the charges but upheld the charges of terrorism and association with organized crime (sections 52 and 37 of the Basic Act against organized crime and funding of terrorism); (iii) the crimes to which the charges relate are subject to penalties of imprisonment ranging from 6 to 30 years; and (iv) the court issued a precautionary measure of 45 days in custody. The Committee notes the CTV’s allegation that the detention is related to Mr Girot’s activities as a trade union leader (he has led two national protests demanding that benefits established by contract should be honoured and has received support from petroleum workers in other states). The Committee notes that the Government has not provided its response to this allegation. However, the Committee observes that the CEACR, in its recent comment on the application of Convention No. 87 (published in 2023), noted the information received by the Government regarding the case of Mr Eudis Girot, including the fact that: (i) by means of a court judgment, Mr Girot was acquitted of the crime of disclosure of confidential information (section 134 of the Penal Code) and illicit possession of a firearm (section 111 of the Basic Act concerning disarmament and the control of arms and munitions); (ii) he was convicted of the crime of fomenting hatred (section 235 of the Penal Code) and sentenced to three years’ imprisonment and in this regard the non-custodial precautionary measure was maintained; (iii) the proceedings are at the appeals stage and if the judgment is upheld, the competent court will impose alternative formulas for serving the sentence, in accordance with the Basic Code of Criminal Procedure. The Committee notes the CTV’s indication that various international organizations have identified patterns with regard to persecution and prosecution of trade unionists in the country. The Committee notes the CTV’s allegation that, in the case of Mr Girot, a pattern is being repeated of proceedings being held in a court far from the home of the accused, thereby exposing him to isolation from family and friends and depriving him of assistance, even in the form of food and medicine.
9. 722. The Committee duly notes these serious allegations and recalls that the absence of civil liberties removes all meaning from the concept of trade union rights; the rights conferred on workers’ and employers’ organizations must be based on respect for those civil liberties, such as security of the person and freedom from arbitrary arrest and detention, and that measures designed to deprive trade union leaders and members of their freedom entail a serious risk of interference in trade union activities and, when such measures are taken on trade union grounds, they constitute an infringement of the principles of freedom of association [see Compilation, paras 119 and 124]. The Committee observes that, in a similar vein, the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of the Bolivarian Republic of Venezuela of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), Convention No. 87 and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), recommended: “(ii) cessation of the use of judicial proceedings and preventive and non-custodial measures, including the subjection of civilians to military jurisdiction, (…); (iii) the immediate release of any employer or trade unionist who is imprisoned in relation to the exercise of the legitimate activities of their organizations …” (report of the Commission of Inquiry, para. 497(1)(ii) and (iii)). The Committee urges the Government to provide detailed information on the situation of Mr Girot, and urges the Government to ensure that due process is respected in criminal proceedings against him, and to guarantee that he has not been detained in relation to his activities as a trade union leader. The Committee requests the Government to keep it informed of developments in the situation.
10. 723. The Committee notes the allegations of SINTRAFERROMINERA in the case of the arbitrary detention and prolonged criminal prosecution of the trade unionist Mr Rodney Álvarez. In this regard, the Committee observes that the case of Mr Álvarez was examined in depth by the above-mentioned Commission of Inquiry (paras 243, 389 and 412–415 of the report of the Commission of Inquiry), which in its report recommended the immediate release of Mr Rodney Álvarez (para. 497(1)(iii)). In follow-up to the Commission of Inquiry, the Committee notes that the CEACR in its most recent observation concerning the application of Convention No. 87 by the Bolivarian Republic of Venezuela (published in 2023) noted the resolution of the criminal case, in view of the fact that the Eleventh Court of First Instance of the Criminal Judicial Circuit of the Metropolitan Area of Caracas handed down its definitive judgment ordering the unrestricted freedom of Mr Álvarez (1 June 2022), and recalled the right to due sanction of, and compensation for, violations of civil liberties, and so it requested the Government to take the necessary measures to ensure fair compensation for the harm caused to Mr Álvarez, including the appropriate financial compensation for injury suffered, in conformity with the Constitution. In the light of the foregoing, trusting that the competent authorities will grant fair compensation to Mr Álvarez, the Committee will not pursue its examination of this allegation.
11. 724. The Committee notes UNETE’s allegations concerning the anti-union dismissal of Mr Alejandro Álvarez Aular, general secretary of SIDERNAC. The Committee notes that UNETE reports that on 19 January 2021 Mr Álvarez Aular had denounced violations of labour rights occurring at a steel enterprise in the public sector to the Labour Inspectorate of Puerto Ordaz. Moreover, the Committee notes that UNETE reports that, at the time of the dismissal, officials at the enterprise told him that he would not be able to do his rounds of the enterprise as part of his union activity and that he should not resist since officials from the Directorate-General of Military Counter-Intelligence (DGCIM) were on the enterprise premises, hoping for some reaction from him so as to be able to arrest him. The Committee notes that Mr Álvarez Aular sent an official letter to the Labour Inspectorate denouncing the dismissal that allegedly occurred on 19 January 2021. In this regard, the Committee recalls that in cases of the dismissal of trade unionists on the grounds of their trade union membership or activities, the Committee has requested the government to take the necessary measures to enable trade union leaders and members who had been dismissed due to their legitimate trade union activities to secure reinstatement in their jobs and to ensure the application against the enterprises concerned of the corresponding legal sanctions [see Compilation, para. 1167]. The Committee notes that Mr Aular sent a number of official letters to the DGCIM to request a meeting and seek an explanation for the DGCIM presence at the enterprise, and to the Labour Inspectorate with regard to other dismissed workers, alleging violations of the national legislation. In the light of the foregoing and noting with regret the lack of any response from the Government, the Committee requests the Government to ensure that proceedings within the Labour Inspectorate in relation to Mr Álvarez Aular are clarified as soon as possible and that the question is resolved regarding whether anti-union discrimination was committed by the enterprise in the dismissal of the aforementioned union leader and, if so, that appropriate penalties are imposed and compensation measures adopted, including reinstatement in his job. The Committee also requests the Government to provide information on the other proceedings initiated by Mr Aular vis-à-vis the DGCIM and the Labour Inspectorate in relation to other dismissals, so that the Committee can examine these elements in full knowledge of the facts.
12. 725. With regard to the allegation concerning the dismissal of Mr Arjonio Farrera, labour and complaints secretary of SIDERNAC, and of 16 other workers at the public-sector steel enterprise, the Committee observes that it does not have further details regarding the anti-union nature of the alleged dismissals. It therefore invites the complainants to send more precise and detailed information in this regard, so that this issue can be examined in the light of all the relevant elements.
13. 726. Lastly, the Committee requests the Government to provide its observations as soon as possible on all the allegations to which it has not yet responded. The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.

The Committee’s recommendations

1. 727. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee observes that UNETE does not specify the allegations which it intends to submit in relation to the accompanying appendices, which include letters to various institutions and organizations (national and international, including the ILO), and so it invites this complainant to specify and provide details of its allegations relating to the aforementioned appendices so that the Committee can undertake the relevant examination.
   • (b) The Committee deeply deplores the killing of Mr Jiménez and urges the Government to take the necessary steps to ensure that the competent authorities: (i) give priority to the investigations under way and make every effort necessary to identify as quickly as possible the perpetrators and instigators of the killing of Mr Jiménez and ensure that the corresponding penalties are imposed on them; and (ii) take full account in the investigations of all relevant elements relating to the trade union activity of Mr Jiménez. The Committee requests the Government to provide information soon on progress made in this respect.
   • (c) The Committee invites UNETE to provide further details regarding the allegation of persecution and harassment of the above-mentioned trade union leaders so that this issue can be examined in full knowledge of the facts and, if this is not possible, to indicate whether there is any obstacle to providing this information; and it requests the Government to send further information regarding the procedure initiated with the Inspectorate of the Ministry of Labour against Ms Torres.
   • (d) The Committee observes that the Government has still not provided its response to the allegation of violent persecution and harassment of UNETE by four presumed officials of the DGCIM, one of them armed, with the intention of preventing a press conference (20 September 2022). The Committee requests the Government to provide its observations in this respect as soon as possible.
   • (e) The Committee urges the Government to provide detailed information on the situation of Mr Girot, and urges the Government to ensure that due process is respected in criminal proceedings against him, and to guarantee that he has not been detained in relation to his activities as a trade union leader. The Committee requests the Government to keep it informed of developments in the situation.
   • (f) The Committee requests the Government to ensure that proceedings within the Labour Inspectorate in relation to Mr Álvarez Aular are clarified as soon as possible and that the question is resolved regarding whether anti-union discrimination was committed by the enterprise in the dismissal of the aforementioned union leader and, if so, that appropriate penalties are imposed and compensation measures adopted, including reinstatement in his job. The Committee also requests the Government to provide information on the other proceedings initiated by Mr Aular vis-à-vis the DGCIM and the Labour Inspectorate in relation to other dismissals, so that the Committee can examine these elements in full knowledge of the facts.
   • (g) The Committee observes that it does not have further details regarding the anti-union nature of the alleged dismissals of Mr Farrera and 16 other workers at the public-sector steel enterprise, and so it invites the complainants to send more precise and detailed information in this regard, so that this issue can be examined in the light of all the relevant elements.
   • (h) The Committee requests the Government to provide its observations as soon as possible on all the allegations to which it has not yet responded.
   • (i) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.