Informe provisional - Informe núm. 246, Noviembre 1986

Caso núm. 1309 (Chile) - Fecha de presentación de la queja:: 03-OCT-84 - Cerrado

1. 266. The Committee has examined this case on several occasions, most recently at its May 1986 meeting, when it presented an interim report to the Governing Body (see 244th Report, paras. 296-336, approved by the Governing Body at its 233rd Session (May-June 1986)).
2. 267. Since then, the ILO has received the following communications from the complainants: the International Confederation of Free Trade Unions (ICFTU): 14 May and 9 September 1986; the . Confederation of Copper Workers (CTC): 4 June 1986; the National Union of Telephone Company Workers: 11 June 1986; the World Federation of Teachers' Unions (FISE): 9 September 1986; Works Union No. 6 of the National Copper Corporation of Chile: 24 September 1986; the National Confederation of Workers' Trade Unions in Building, Wood, Building Materials and Related Activities, the Confederation of Unions and Federations of Workers in the Metal Industry (CONSTRAMET), the National Federation of Unions of Textile and Clothing Workers (FENTATREX), the Miners' Confederation, the El Surco Peasants Confederation, the Confederation of Catering Workers of Chile: 29 and 30 September 1986. The Government, for its part, supplied its observations in communications of 22 May and 2 and 22 October 1986.
3. 268. Chile has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087), nor the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. Previous examination of the case

1. 269. The allegations still pending in this case concern the indictment of trade union leaders following protest days held in September 1985 and of two leaders of the Confederation of Building Workers; the death of four persons during demonstrations in November 1985; the dismissal of Manuel Jerez, trade union official in the port sector; the dismissal of workers and trade union leaders in the docks sector; the arrest of Juan Bustos Araneda, official of the Democratic Central Organisation of Workers; the intervention of law enforcement agents to prevent the holding of a national trade union conference; the transfer to a state body of the assets of organisations declared to be unlawful and numerous arrests and searches of trade union premises at the time of the 1 May 1986 celebrations.
2. 270. At its May-June 1986 Session, the Governing Body approved in particular, the following conclusions of the Committee: - Regarding the charges against 11 trade union leaders following protest days held in September 1985, the Committee requests the Government to supply information on developments in the current trials and their outcome, as soon as the judgements are handed down.
   • - The Committee also once again requests the Government to furnish information on the death of four persons during the demonstrations of 5 and 6 November 1985.
   • - Concerning the dismissal of trade union leaders, the Committee requests the Government to furnish information on developments in the current proceedings involving Mr. Manuel Jerez, trade union leader of the port sector.
   • - Concerning the indictments against two leaders of the Confederation of Building Workers, the Committee considers that the expression of an opinion by a trade union organisation concerning a court decision relative to the killing of trade union members, does in fact constitute a legitimate trade union activity. Nevertheless, the Committee recalls that in expressing their opinions, trade union organisations should respect the limits of propriety and refrain from the use of insulting language. The Committee requests the Government to transmit the text of the letter sent by the Confederation of Building Workers to the Supreme Court and to keep it informed of the developments in the proceedings against the two leaders of this Confederation.
   • - The Committee requests the Government to supply its observations on the most recent allegations in this case, namely, the dismissal of workers and trade union leaders in the docks sector; the arrest of Juan Bustos Araneda, an official of the Democratic Central Organisation of Workers; the intervention of law enforcement agents to prevent the holding of a national trade union conference; the transfer to a state body of the assets of organisations declared to be illegal; the numerous arrests and searches of trade union premises at the time of the 1 May 1986 celebrations.

B. New allegations

1. 271. In its communication of 14 May 1986, the ICFTU supplies a report prepared by the Centre for Trade Union Research and Assistance on the events which occurred on 1 May 1986 in Santiago.
2. 272. The report indicates that the state of emergency in force in the country severely restricts the right of assembly expressly enshrined in the Constitution. The provisions in force in Santiago are governed by Orders Nos. 43 and 44 which require that a request be made with ten days' notice for authorisation by the Chief of the area under the state of emergency to hold meetings in public places. The National Grouping of Workers (CNT) satisfied these requirements but did not even receive an acknowledgement in reply. In view of this situation, the CNT leadership called on the workers and the population of Santiago to meet on the Plaza de los Héroes on 1 May at 11 a.m.
3. 273. The report also indicates that on 29 April the authorities had prevented the holding of an artistic and cultural event at union premises of the Confederation of Leather and Footwear Workers to celebrate May Day.
4. 274. On 1 May the city of Santiago was practically occupied by the police and the military. In spite of this climate, thousands of people approached the meeting place and, when the first groups formed, the police forces hurled projectiles and tear gas at them. Dozens of persons were wounded. All persons and all vehicles were checked and approximately 600 persons arrested, including Manuel Bustos, Vice-President of the CNT, Jorge Millás, a member of the national council of the CNT, and Humberto Arcos, an official of the Confederation of Unions of Workers in the Metal Industry. The majority of these persons were released on the same day with a summons to appear before the Police Court for having caused a disturbance of the peace.
5. 275. Also on the morning of 1 May, two trade union premises belonging to the Confederation of Textile and Clothing Workers (CONTEVECH) and to the Professional Association of Teachers of Chile (AGECH) were illegally searched. Furniture and documents were destroyed or removed. The persons present were threatened, certain of them were struck, and 56 teachers attending a meeting at the premises of the AGECH were arrested, although organisations with a legal personality (as in the case of the AGECH) are not required to request authorisation to hold meetings at their own premises to deal with matters within their competence.
6. 276. In its communication of 4 June 1986, the Confederation of Copper Workers (CTC) alleges that on 23 April 1986 the Director-General for Industrial Relations of the National Copper Corporation (CODELCO) notified 14 workers of the termination of their work contract on the basis of article 13(f) of Legislative Decree No. 2200. This provision permits an employer to dismiss workers without specifying the grounds for dismissal, with 30 days' notice or by paying compensation of an amount equal to the last monthly wage. According to the CTC, this permits the Government and employers, as in this case, to take discriminatory measures against trade unions.
7. 277. The CTC states that all those affected by this measure were skilled workers, had behaved irreproachably and had from 8 to 29 years' service in the undertaking. The only possible grounds for their dismissal are therefore their active participation in trade union meetings and activities. Furthermore, four of them were about to become trade union officials. Moreover, this measure was intended to intimidate the workers in the undertaking in order to impede their trade union action. These assumptions are substantiated by the fact that on the day of the dismissals, the two unions of El Salvador with the largest number of affiliates had convened assemblies for the purpose of putting their affairs in order following the disqualification of their leaders decreed by the Ministry of Labour. These assemblies unanimously rejected the dismissals and condemned the measure taken by CODELCO. For ten days, 13 of the dismissed workers went on hunger strike.
8. 278. In its communication of 11 June 1986, the National Union of Workers of the Telephone Company of Chile states that on 17 April 1986 it presented a draft collective agreement to the Telephone Company in conformity with the legislation in force. The employer replied on 30 April 1986, raising objections to the draft in respect of the situation of replacement telephone operators, although the latter are not among those workers barred from collective bargaining under article 5 of Legislative Decree No. 2758. On 28 May 1986, after compulsory arbitration proceedings had been initiated, the Director of Labour issued a resolution in which it was decided to exclude from collective bargaining the situation of the 475 members of the union employed as replacement operators. The union points out that the persons concerned are covered by an indefinite work contract and have more than 8 years' continuous service in the undertaking. The union adds that the Santiago Provincial Labour Inspector had issued on 9 May 1986 a totally contrary resolution which recognised the right of these workers to participate in collective bargaining. Lastly, the union indicates that it submitted appeals to the courts but that the latter had not yet handed down their judgement.
9. 279. In its communication of 9 September 1986, the ICFTU alleges that Juan Fernando Reyes, President of the "El Roto Chileno" Peasants' Federation of Curico and his family had been subjected to constant threats since 2 July 1986. On several occasions, armed and masked civilians conducted night searches at his home and destroyed furniture and other objects. The appeal for protection submitted by his lawyers was rejected, as, according to police sources, no warrant for arrest or order of inquiry had been issued in his case. Since then, his home was again searched and his wife severely beaten.
10. 280. In its communication of 9 September 1986, the FISE refers to the arrest by the security services of Mr. Guillermo Scherping, Under-Secretary of the Professional Association of Teachers of Chile. The FISE fears that his life is in danger.
11. 281. Works Union No. 6 of the National Copper Corporation of Chile states in its communication of 24 September 1986 that on 22 September police officers arrived at the Union's offices for the purpose of evicting the six workers referred to in a previous complaint presented by the Confederation of Copper Workers, as well as their families who had organised a soup kitchen on the premises since their dismissal by the National Copper Corporation, at a time when they enjoyed trade union "immunity". The police officer responsible for this eviction presented no document issued by a competent authority.
12. 282. The National Confederation of Trade Unions in Building, Wood, Building Materials and Related Activities, for its part, refers to the warrant issued for the arrest of its president, Sergio Troncoso Cisternas. The complainant organisation points out that Mr. Troncoso, who had already been detained on several occasions, was sought by persons in civilian clothes on 8 September 1986, when he was in the German Democratic Republic to attend the Congress of the World Federation of Trade Unions.
13. 283. CONSTRAMET indicates that its leaders José Ramón Avello Soto and Ronaldo Muñez Moreno were sought by the police as of the day following the proclamation of the state of emergency, 8 September 1986. Furthermore, a regional secretary of the organisation, Humberto Arcos Vera, is under permanent surveillance, as are the Confederation's offices. The complainant organisation also indicates that the police authorities prohibited meetings of several constituent unions (the Eugenio González, Morgan and Fuenzalida Unions) which were in the process of negotiation.
14. 284. FENTATREX refers to the dismissal of three trade union officials by the Viña dye works. It explains that these officials were declared responsible for the fact that 30 of the 120 workers in the undertaking did not arrive for work on the protest day held on 5 September 1986, as they were without means of transport, sick or unable to leave their district which was occupied by law enforcement agents. The undertaking then arbitrarily applied sections 15.1 and 15.4 of Legislative Decree No. 2200 which penalises unlawful acts preventing the worker from being present at his work or discharging his obligations as a worker and the direction of or active participation in any unlawful interruption or stoppage of work. The dismissals were decided without notice being given, without the right to compensation and in contravention of "trade union immunity".
15. 285. FENTATREX indicates that 37 workers at the San Martino textiles undertaking had to take the risk of meeting in private houses to discuss a draft collective agreement since a consequence of the proclamation of the state of emergency was to prohibit meetings of trade unions which do not possess their own premises.
16. 286. The Miners' Confederation alleges that several trade unionists were dismissed for having participated in collective bargaining: in particular, the former official of the Lota Union No. 6 of the National Coal Enterprise (ENACAR), Fresia Mellado Opazo, and ten workers of Union No, 1 of Victoria de Lébu. It is alleged further that an official of ENACAR Union No. 1, Juan Carlos Salazar Sierra, was disqualified from holding his union post and that workers at the Minero Cerro Negro undertaking, including the trade union official Rolando Chacana Ganzúa, were arrested for purported thefts of explosives. Lastly, it is alleged that, at the Agustinas de Copiapo mine, the Agustinas mining enterprise unilaterally decided to lower salaries in 1984 and 1985 at a time when the collective agreement was in force.
17. 287. Finally, in a joint letter several Chilean national confederations indicate that the homes of officials of the Catering Confederation and the El Surco, Manuel Caro Castro and Enrique Avendaño Atenas Peasants Confederation were visited by unidentified persons.

C. The Government's reply

1. 288. As regards the indictments of 11 trade union leaders following the protest days of September 1985, the Government indicates that the persons concerned were charged with contravening the State Security Act and, more specifically, on account of their responsibility in respect of acts of violence, deaths and damage to public and private property which were committed or provoked on that occasion. On 14 July 1986, the judge dealing with the case passed a suspended sentence of 61 days' detention on these 11 persons. The suspended sentence means that the person concerned remains at liberty and has to sign a book at regular intervals. The magistrate considered that the sentences passed on Rodolfo Seguel Molina, Manuel Bustos Huerta and Mario Araneda Espinoza had been carried out. Furthermore, after the Ministry of the Interior had withdrawn its complaint against Eduardo Valencia Saez and Jorge Pavez Urrutia, the judge definitively dismissed the charges against these persons.
2. 289. On the subject of the death of four persons during demonstrations on 5 and 6 November 1985, the Government indicates that these four persons (José del Tránsito Norambuena Canales, Emilia de las Mercedes Ulloa San Martín, Luis Héctor Peñailillo Vega and Erwin Néstor Iturra González) were not trade union leaders. The circumstances of their death are being investigated by the criminal or military courts and this preliminary investigation is a confidential phase of the proceedings. The Government reaffirms its opposition to such protests movements precisely by reason of the violence to which they give rise and, in many cases, the deaths that they cause.
3. 290. Regarding the dismissal of Manuel Jerez, a trade union leader in the port sector, the Government indicates that the Viento Sur Fishing Enterprise had requested on 10 October 1985 the dismissal of Mr. Jerez at the Court of Talcahuano. The Court did not comply with the request of the undertaking and, consequently, the latter was not authorised to dismiss Mr. Jerez. As Mr. Jerez was nevertheless dismissed, he filed an appeal with the Court of Talcahuano, which declared the dismissal null and void and ordered his reinstatement with payment of wages due. The undertaking filed an appeal with the Court of Appeal of Concepcíon, which upheld the judgement of the lower court. On 23 May 1986, the judge ordered that the judgement be put into effect and on 26 May 1986 the court acceeded to the request by Mr, Jerez to be reinstated in the undertaking.
4. 291. As regards the indictment of two officials of the Confederation of Building Workers, the Government states once again that these proceedings were initiated by the Plenary Assembly of the Supreme Court after the latter had taken cognisance of an insulting letter addressed to the magistrates of the Court. The Government reaffirms that the courts are independent of the Executive and that the Government did not intervene in these proceedings. The judge of the Court of Appeal of Santiago dealing with the case passed a suspended sentence on the persons concerned (a lesser sentence than that requested by the prosecutor). They therefore remained at liberty.
5. 292. The Government indicates in regard to the situation of dock workers that Act No. 18032 adopted in September 1981 altered the organisation of work applicable to maritime and port workers. This alteration, according to the Government, put an end to a practice that was extremely detrimental to workers whereby a work-permit holder would hire out his permit to other workers in exchange for one-half of the wages paid. This Act therefore received the broad support of the workers. The trade unions submitted additional claims in order to obtain further social advantages, and tripartite commissions were established to examine these claims. Following these discussions, Act No. 18462 entered into force on l December 1985 and introduced various amendments to the legislation applicable to port workers, in particular with regard to the setting up of a system for the negotiation of collective agreements and the obligation to conclude work contracts in advance in order to avoid a situation in which workers make themselves available to employers at the last moment and there are thus excessive numbers. The Act also made provision for substantial improvements in regard to social security. In the view of the Government, the new legislation therefore satisfies the major claims of the trade union organisations in the port sector. The Government attaches a letter from the Chilean Maritime Chamber which indicates that there has not been a strike in the docks sector; only some minority trade union groups had prevented their members from responding to offers of work from the employers.
6. 293. Regarding the arrest of Juan Bustos Araneda, the Government states that this person, who was responsible for cleaning the regional offices of the de facto organisation called the "Democratic Central Organisation of Workers", went to see the criminal judge of Concepcíon on 27 March 1986. Mr. Bustos explained to the judge that he had been abducted on 25 March by a group of armed civilians who questioned him about the Democratic Central Organisation of Workers and certain of its leaders, burned his face with cigarettes and finally released him at a port in the vicinity of Concepcíon. The criminal judge of Concepcíon ordered an inquiry on the day following the filing of the complaint by Mr. Bustos. The police service responsible for making inquiries informed the judge that it had been unable to identify the authors of the crime. The court therefore decreed the suspension of criminal proceedings.
7. 294. As regards the intervention of police forces to prevent the holding of a national conference called by the National Grouping of Workers, the Government indicates that this meeting was prohibited by the Military Command of the area under the state of emergency as it was of a partisan political nature. Nevertheless, this meeting took place subsequently at a reserved location and without publicity.
8. 295. On the subject of the transfer to a state body of the assets of the National Federation of Textile Workers, the Government states that the building situated at No. 453 Ejércita Street in Santiago belonged to the FENTATREX Federation and the Professional Union of Private Employees and Workers in the Textile Industry of the Province of Santiago up to 20 October 1978, the date of the promulgation of Legislative Decree No. 2346 which declared these organisations to be unlawful. In conformity with article 4 of this legislative decree, the assets of the organisations concerned are transferred into the State domain and the Ministry of Interior is called upon to specify by supreme decree the assets in question and to indicate where they are to be transferred, as was done by Supreme Decree No. 1360 of 29 November 1984. The Government adds that the trade union concerned filed an application for the enforcement of its constitutional rights with the Court of Appeal of Santiago, which rejected the appeal in a judgement handed down on 15 April 1986, the text of which is supplied by the Government.
9. 296. As regards the events of l May 1986, the Government indicates that on that day in Santiago there were four cases of sabotage involving explosions and one case involving a fire. Furthermore, at various locations in the city traffic was interrupted by fires, stone-throwing, etc. The Government cannot consider these incidents to be an expression of freedom of association, and the steps taken by the Government to forestall or prevent them cannot therefore be qualified as a violation of freedom of association.
10. 297. The Government states further that the military authorities of the Santiago area filed a complaint of violation of the State Security Act for disturbances on the public thoroughfare, incitement to illegal obstruction of activities and disturbance of the peace againt 23 persons, including several teachers who are members of the Professional Association of Teachers of Chile (AGECH). The judges dealing with this case ordered on 7 May 1986 the release of 18 of the 23 detainees for lack of evidence. The five remaining persons, teachers who are members of the AGECH, were also released on 9 May 1986 for lack of evidence. Moreover, the AGECH filed a complaint in connection with the search carried out at its premises and the examining magistrate initiated an inquiry by visiting the offices of the organisation.
11. 298. As regards the dismissal of 14 workers on 23 April 1986 at the El Salvador division of the National Copper Corporation, the Government states that these measures were taken for reasons related to the running of the enterprise. The six workers who were members of the El Salvador Union No. 6 filed appeals at the court of El Salvador, requesting that their dismissal be declared null and void. In regard to the eight other dismissed persons, various meetings were held at the initiative of the Ministry of Labour between the management of the enterprise and the trade unions. On 4 July 1986, an agreement was concluded with the eight workers which made provision for the payment of compensation for years of service and of all the benefits stipulated by the contract and the legislation in force. The Government stresses that these dismissals do not constitute acts of discrimination against trade unions but that the measures were simply taken on administrative grounds by virtue of the provisions in force. None of the workers holds or held office in a trade union.

D. The Committee's conclusions

1. 299. After the Committee's last examination of the case at its May 1986 meeting, the allegations still pending concerned the indictment of trade union leaders following the protest days held in September 1985; the death of four persons during demonstrations in November 1985; the dismissal of Manuel Jerez, a trade union official in the port sector; the indictment of two leaders of the Confederation of Building Workers following the sending of a letter considered to be insulting to magistrates of the Supreme Court; the dismissal of workers and trade union leaders in the docks sector; the arrest of Juan Bustos Aranada, an official of the Democratic Central Organisation of Workers; the intervention of law enforcement agents to prevent the holding of a national trade union conference; the transfer to a state body of the assets of organisations declared to be in violation of the law, and the arrests and searches of trade union premises that took place during the May Day celebrations. Since then, new allegations have been presented concerning the search of the premises of the Confederation of Textile and Clothing Workers, the dismissal of 14 workers in the copper sector, interference with the right to collective bargaining of replacement operators of the Telephone Company of Chile; the arrest of Mr. Guillermo Scherping, an official of the Professional Association of Teachers of Chile; the police inquiries and searches carried out against trade union leaders in the building, metal industry, catering and agriculture sectors; dismissals in the textile and coalmining sectors; the prohibition of union meetings of several constituent trade unions in the metal industry and textile sector; the disqualification of Juan Carlos Salazar Sierra, a trade union official in the coalmining sector; the arrest of workers of the Minero Cerro Negro enterprise; and non-compliance with a collective agreement by the Agustinas mining enterprise.
2. 300. On the subject of the indictment of 11 trade union leaders following the protest days of September 1985, the Committee notes that charges against two of them were dismissed and that the others were sentenced to 61 days' imprisonment, but that the sentence was suspended and they remained at liberty. The Committee wishes however to point out the danger to the free exercise of trade union rights of sentences passed against representatives of workers within the framework of activities related to the defence of the interests of those they represent.
3. 301. Regarding the death of four persons during the demonstrations of 5 and 6 November 1985, the Committee notes that the circumstances of these deaths are being investigated by the criminal or military courts. It requests the Government to keep it informed of the outcome of the investigations.
4. 302. In the case of the dismissal of Manual Jerez, a trade union official in the port sector, the Committee notes with interest that the courts dealing with the case annulled the measure taken by the undertaking and ordered his reinstatement.
5. 303. As regards the indictment of two officials of the Confederation of Building Workers for having addressed a letter, described as insulting and related to the killing of trade unionists, to magistrates of the Supreme Court, the Committee notes that the persons concerned were given suspended sentences and that they therefore remained at liberty. The Committee can therefore only stress once again that trade union organisations are perfectly within their rights in expressing themselves on a court decision in connection with proceedings relative to the killing of trade unionists. Nevertheless, the Committee recalls that in expressing their opinions trade unions should respect the limits of propriety and refrain from using insulting language.
6. 304. With regard to the situation of the dock workers, the Committee notes that these allegations fall within the framework of the adoption of new legislation altering the organisation of work applicable to maritime and port workers. Considering therefore that this aspect of the case relates to a field which is not strictly connected to trade union rights, the Committee is of the view that these allegations do not call for further examination.
7. 305. As regards the allegations concerning the arrest of Juan Bustos Araneda, the Committee regrets that the individuals in civilian clothes who questioned him on the activities of the Democratic Central Organisation of Workers were unable to be found. The Committee stresses that such incidents necessarily give rise to a climate of intimidation and fear that impedes the normal exercise of trade union activities. The Government should take the necessary measures to prevent acts of this nature, to complete the investigation into the matter and to bring those responsible before the competent courts.
8. 306. As regards the prohibition of a national trade union meeting organised by the National Grouping of Workers, the Committee notes that, according to the Government, this meeting was of a partisan political character. While noting that the meeting was able to be held subsequently, the Committee recalls that the right of trade unions freely to organise meetings at trade union premises, without the need for prior authorisation and without interference on the part of the public authorities, is an essential element of freedom of association.
9. 307. As regards the transfer to a state body of the assets of trade union organisations of the textile sector, which had been declared unlawful, the Committee recalls that in 1978 it examined allegations concerning the dissolution of these organisations. It had pointed out at the time that this measure was not compatible with the principle that workers' organisations should not be dissolved by administrative authority (see 187th Report, Case No. 823, para. 405). The Committee must now stress that, when an organisation is dissolved, its assets must ultimately be distributed among its former members or handed over to the organisation that succeeds it; by this is meant the organisation or organisations which pursue the aims for which the dissolved trade union was established, and which pursue them in the same spirit (see, for example, 230th Report, Case No. 1189 (Kenya), para. 687). It must be noted that in this case the transfer of the assets of organisations declared to be unlawful was not in conformity with the principle in question.
10. 308. As regards the events which occurred on l May, the Committee notes that the arrested trade union officials were released a few days afterwards for lack of evidence. The Committee recalls in this regard that the arrest by the authorities of trade unionists against whom no charge is brought may give rise to restrictions of freedom of association. Governments should take measures to ensure that the authorities concerned receive appropriate instructions in order to avoid the danger inherent in detention measures as regards trade union activities (see, for example, 21lth Report, Case No. 1025 (Haiti), para. 272).
11. 309. The Committee notes further that the search carried out on 1 May 1986 at the premises of the Professional Association of Teachers of Chile is the subject of a judicial inquiry. The Committee requests the Government to keep it informed of the outcome of this inquiry.
12. 310. With regard to the dismissal of 14 workers of the National Copper Corporation, the Committee notes that, according to the Government, these measures were taken for administrative reasons unrelated to the exercise of trade union activities. The Committee notes also that eight of these workers signed an agreement with the enterprise and that the six others filed judicial appeals. The Committee requests the Government to keep it informed of the outcome of these appeals.
13. 311. Lastly, the Committee requests the Government to supply comprehensive observations on the latest allegations in this case, namely: the search of the premises of the Confederation of Textile and Clothing Workers; interference with the right to collective bargaining of replacement operators of the Telephone Company of Chile; the arrest of Guillermo Scherping, an official of the Professional Association of Teachers of Chile; the police inquiries and searches carried out against trade union leaders in the building, metal industry, catering and agriculture sectors; the dismissals which occurred in the textile and coalmining sectors; the prohibition of trade union meetings of several constituent unions in the metal industry and textile sectors; the disqualification of Juan Carlos Salazar Sierra, a trade union official in the coalmining sector, from holding his union post; the arrest of workers of the Minero Cerro Negro enterprise; and non-compliance with a collective agreement by the Agustinas mining enterprise.

The Committee's recommendations

1. 312. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • (a) Regarding the charges against 11 trade unions leaders following the protest days held in September 1985, the Committee notes that the charges against two of them were dismissed and that the others were sentenced to 61 days' imprisonment but that they remained at liberty. The Committee points out the danger to the free exercise of trade union rights of sentences passed against representatives of workers within the framework of activities related to the defence of the interests of those they represent.
   • (b) Concerning the death of four persons during the demonstrations of 5 and 6 November 1985, the Committee notes that the circumstances of these deaths are being investigated by the criminal or military courts. The Committee requests the Government to keep it informed of the outcome of the investigations.
   • (c) Concerning the dismissal of Manuel Jerez, trade union leader of the port sector, the Committee notes with interest that the courts dealing with the case annulled the measure taken by the undertaking and ordered his reinstatement.
   • (d) Concerning the indictments against two leaders of the Confederation of Building Workers, the Committee considers that the expression of an opinion by a trade union organisation concerning a court decision relative to the killing of trade union members is in fact a legitimate trade union activity.
   • (e) As the allegations concerning the situation of dock workers relate to a field which is not strictly connected to trade union rights, the Committee considers that this aspect of the case does not call for further examination.
   • (f) Concerning the arrest of Juan Bustos Araneda, the Committee regrets that those responsible were unable to be found. It stresses that such incidents give rise to a climate of intimidation and fear that impedes the normal exercise of trade union activities. The Government should take the necessary measures to prevent acts of this nature, to complete the investigation into the matter and to bring those responsible before the competent courts.
   • (g) Concerning the prohibition of a national trade union meeting organised by the National Grouping of Workers, the Committee, while noting that this meeting took place subsequently, recalls that the right of trade unions freely to organise meetings at trade union premises, without the need for prior authorisation and without interference on the part of the public authorities, is an essential element of freedom of association.
   • (h) Concerning the transfer to a state body of assets of trade union organisations of the textile sector which had been declared unlawful, the Committee notes that these measures were not in conformity with the principle according to which the assets of dissolved organisations must ultimately be distributed among their former members or handed over to the organisations that succeed them.
   • (i) Concerning the arrests of trade union leaders on l May 1986, the Committee notes that the persons concerned were released a few days afterwards for lack of evidence. The Committee recalls that the arrest by the authorities of trade unionists against whom no charge is brought may give rise to restrictions on freedom of association. Governments should take measures to ensure that the authorities concerned receive appropriate instructions in order to avoid the danger inherent in detention measures as regards trade union activities.
   • (j) The Committee notes that the search carried out at the premises of the Professional Association of Teachers of Chile is the subject of a judicial inquiry. It requests the Government to keep it informed of the outcome of this inquiry.
   • (k) Concerning the dismissal of 14 workers of the National Copper Corporation, the Committee notes that, according to the Government, these measures were taken for administrative reasons unrelated to the exercise of trade union activities. The Committee requests the Government to keep it informed of the outcome of the judicial appeals filed by six of the workers concerned.
   • (l) The Committee requests the Government to supply comprehensive observations on the most recent allegations presented in this case, namely: the search of the premises of the Confederation of Textile and Clothing Workers; interference with the right to collective bargaining of the replacement operators of the Telephone Company of Chile; the arrest of Guillermo Scherping, official of the Professional Association of Teachers of Chile; the police inquiries and searches carried out against trade union officials in the building, metal industry, catering and agriculture sectors; the dismissals in the textile and coalmining sectors; the prohibition of union meetings of several constituent trade unions in the metal industry and textile sectors; the disqualification of Juan Carlos Salazar Sierra, a trade union official in the coalmining sector, from holding his union post; the arrest of workers of the Minero Cerro Negro enterprise; and non-compliance with a collective agreement by the Agustinas mining enterprise.