Informe provisional - Informe núm. 197, Noviembre 1979

Caso núm. 916 (Perú) - Fecha de presentación de la queja:: 27-SEP-78 - Cerrado

1. 514. The complaints are contained in communications from the Federation of Employees of the National Telecommunications Company of Peru (FETENTEL) (27 September 1978), the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL) (11 January 1979), the world Confederation of Labour (WCL) (2 March and 13 June 1979), and three workers' delegates to the 65th Session of the International Labour Conference, supported by the WCL and the Latin American Central of workers (CLAT) (20 June 1979), and in a letter from the Trade Unions International of Textile, Clothing, Leather and Fur Workers dated 8 October 1979. The Government furnished its observations in communications dated 21 May, 24 August and 26 October 1979.
2. 515. Peru 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).
3. 516. The allegations relate, firstly, to matters connected with collective bargaining in the telecommunications sector, and, secondly, to the arrest of workers and members of the Telephone Workers' Union and incidents in certain agricultural areas and in a textile mill, where a number of workers are said to have been killed in a clash between strikers and police.

A. A. The complainants' allegations

• Allegations relating to collective bargaining
  517. 517 The FETENTEL, in its communication of 27 September 1978, claims that obstacles have been put in the way of the collective negotiation of pay agreements applicable to all telecommunications workers employed by the National Telecommunications Company. In addition, it alleges that the management of the undertaking is seeking to break up the Federation by negotiating directly with some of its member unions on condition that they withdraw from the Federation.
  518. 518 In its observations on this point, dated 21 May 1979, the Government states that the log of national claims submitted by the FETENTEL resulted in the conclusion of an agreement with the Federation dated 20 October 1978, a copy of which is appended to the Government's communication.
  519. 519 As concerns the negotiations with affiliated unions, the management of the National Telecommunications Company, in a letter, a copy of which the Government appends to its observations, explains that wage negotiations were started with certain unions because they had withdrawn from the FETENTEL and submitted a log of claims of their own, and because the labour authorities had said they were in favour of the opening of direct negotiations. The company - continues the letter - has always refrained from any interference which would restrict the right to organise or impede the lawful exercise thereof, leaving workers and unions free to act in accordance with their interests. Moreover, the Government points out that the FETENTEL cannot claim to represent all the company's employees and that its representative status is confined to the unions affiliated to the parent organisation.
  520. 520 The Committee notes that, according to the information supplied by the Government, an agreement has in fact been concluded between the Federation and the National Telecommunications Company. In the Committee's opinion the complainants have not furnished evidence to substantiate their allegation of interference by the management of the undertaking and accordingly this aspect of the case does not call for further examination.
• Allegations relating to the death or arrest of trade unionists
  521. 521 The CPUSTAL, in its telegram of 11 January 1979, refers in general terms to the repression, or even persecution, to which the trade union movement is said to have been subjected, to forced entry into trade union premises and to the arrest of certain trade unionists.
  522. 522 The WCL, in its letter of 2 March 1979, states that in the region of Talandracas and Bagua Chica, peasants calling for better working conditions were brutally repressed by the security forces.
  523. 523 In the same communication the WCL refers to the arrest of the entire national executive of the Telephone Workers' Union and their detention in the state security prisons in Lima. Their arrest was exclusively for trade union reasons, according to the complainants.
  524. 524 The WCL further refers in its communication of 2 March 1979 to "serious incidents" at the CROMOTEX textile mill, where the armed forces are said to have intervened to put a stop to wage claims. According to the WCL, the Government is pursuing a policy of repression of labour movements. The WCL suggests the sending of an ILO mission to study the trade union situation in Peru. In a telegram dated 13 June 1979, the WCL repeats that the situation is very serious and demands the release of the imprisoned workers.
  525. 525 On 20 June 1979, three Workers' delegates to the International Labour Conference, supported by the WCL and the CLAT, drew attention to the fact that trade unionists had been held in custody for six months for having organised a strike at CROMOTEX. These trade unionists had not been brought to trial and faced sentences of life imprisonment or even execution. In this connection, the complaint of the Trade Unions International of Textile, Clothing, Leather and Fur Workers, dated 8 October 1979, states that when the police were called to this undertaking in February 1979 a number of workers were killed and others injured; 26 workers are said to be now in custody in connection with this incident, four of whom have been charged with the killing of a Civil Guard captain.
  526. 526 As concerns the events which took place in the agricultural sector in Talandracas and Bagua Chica, the Government states in its reply of 24 August that both cases involved the occupation of land. Clashes with the forces of law and order while the squatters were being evicted resulted in several casualties and arrests were made.
  527. 527 With regard to the Telephone Workers' Union, the Government states in its reply of 24 August 1979 that two persons were dismissed as it had been proved that they had participated in the sabotaging of installations belonging to the Peruvian Telephone Company during a strike which took place on 28 December 1978. Other persons had been arrested in connection with the same acts, but their direct participation could not be proved, so they were released and returned to work. Their case is now under investigation by the second precinct of the criminal investigation department.
  528. 528 As concerns the incidents at CROMOTEX, the Government states in its reply of 24 August that in January 1979 practically the entire staff of the undertaking occupied the premises of the mill and, in collaboration with known extremist elements, set up a system of defence, arming themselves with explosives. On 4 February 1979 a judge ordered that the occupants be evicted. Clashes with the police resulted in the death of a Civil Guard captain and injuries to several policemen. Among the occupants there were five deaths; 25 were arrested for being implicated in the death of the Civil Guard captain. Others were allowed to go once it had been proved that they were only minimally to blame for what had occurred. In its communication of 26 October 1979, the Government states that the case brought before the military judges against four workers is about to finish, and that the workers judged previously have been reinstated in their jobs or dismissed with compensation.

B. B. The Committee's conclusions

1. 529. With regard to the peasants of Talandracas and Bagua Chica, the Committee notes that, although the complainants have alleged that the incidents reported took place in connection with demands for better working conditions, it has not been established that the events in question have a clear trade union connotation, the complainants having furnished no evidence to that effect. According to the information supplied by the Government, the problems involved related to the occupation of land. In these circumstances the Committee considers that this aspect of the case does not call for further examination.
2. 530. The Committee notes that, according to the Government, persons suspected of being implicated in acts of sabotage against the Telephone Company in connection with a strike were arrested but subsequently released and their case is now being investigated. The Government does not specify whether these persons include the officials of the Telephone Workers' Union to whom the complainants have referred. In order to be able to reach its conclusions in full knowledge of the facts, the Committee would like to ask the Government to specify what the present situation is as concerns these officials and supply information as to the outcome of the investigation in question.
3. 531. The Committee further notes that a number of persons arrested in connection with incidents at the firm of CROMOTEX have been released. However, certain trade unionists are still under arrest and, according to the complainants, face heavy sentences. The information supplied by the Government confirms the extreme seriousness of the incidents which led to these arrests. On the occasion of a strike involving occupation of the undertaking, a clash between the police and the workers resulted in the death of several workers and one police officer.
4. 532. In earlier cases' the Committee has emphasised that the institution by the government concerned of an independent inquiry is a particularly appropriate method of elucidating the facts and determining responsibilities where disturbances have occurred involving the loss of human lives. In the present case, the Committee considers it necessary, before continuing its examination of this aspect of the case, to request the Government to indicate whether such an inquiry has been initiated and, if so, to inform the Committee of its findings. The Committee notes that four workers are now undergoing trial before the military judges and requests the Government to communicate the texts of the judgements to be pronounced and the reasons adduced therefore.

The Committee's recommendations

1. 533. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note that an agreement has been concluded between the FETENTEL and the National Telecommunications Company, and to decide that the allegations relating to this undertaking do not call for further examination;
   • (b) to ask the Government to supply information as to the present situation of the leaders of the Telephone Workers, Union, and as to the outcome of the investigations undertaken in respect of certain members of this union following a strike;
   • (c) to deplore the seriousness of the incidents which occurred at the CROMOTEX undertaking and which led to the death of several persons, and to request the Government to indicate whether an inquiry has been initiated to determine responsibilities in respect of this death and, if so, to inform the Committee of its findings;
   • (d) to note that four workers are now undergoing trial and to request the Government to supply the texts of the judgements to be handed down and the reasons adduced therefore;
   • (e) to take note of the present interim report.