Informe provisional - Informe núm. 270, Marzo 1990

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

1. 193. The Committee on Freedom of Association has examined this case on a number of occasions, most recently at its May 1989 meeting, when it submitted an interim report to the Governing Body. (See 265th Report, paras. 403-442, approved by the Governing Body at its 243rd Session (May-June 1989).)
2. 194. Since then, the World Confederation of Organisations of the Teaching Profession (WCOTP) has made new allegations in a communication dated 19 September 1989. The Government sent its observations in communications dated 19 and 26 October 1989, 2 November 1989 and 6 February 1990.
3. 195. Chile has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 196. After the examination of the case by the Committee in May 1989, the following allegations remained pending: the withdrawal of Chilean nationality from the trade union leader Luis Meneses Aranda; the internal exile of trade union leaders Manuel Bustos and Arturo Martínez; the court proceedings initiated following the incidents in Iquique on 1 May 1988; the court proceedings brought by the trade unionists Angel Catalán and Juan Montalbán for their reinstatement; the court proceedings instituted by the workers dismissed from the State Railway Enterprise; the unfair practices of the Viña del Mar Municipal Corporation towards the Inter-Enterprise Trade Union of Education Officials of the Fifth Region (SIFE); the court proceedings concerning the severance pay granted to dismissed workers by the La Previsión Insurance Company; the appeal lodged by the Ministry of Internal Affairs against the leaders of the National Council of the Unity Confederation of Workers (CUT), Diego Olivares, Nicanor Araya and Sergio Aguirre, following the general strike on 18 April 1989.
2. 197. At its May-June 1989 Session the Governing Body approved the following recommendations made by the Committee on these points:
   • - the Committee requested the Government to inform it of any proceedings which may be initiated by the trade union leader Luis Meneses Aranda to recover his nationality, and it requested the complainant to provide specific information on the present situation of this unionist;
   • - as regards union leaders Manuel Bustos and Arturo Martínez, the Committee noted that there had been no change in the legal situation of these trade union leaders and it recalled that the detention and sentencing of trade union leaders for activities related to the protection of their members' interests endangered the free exercise of trade union rights. In the light of the latest information provided by the Government, the Committee urged the Government to take steps to lift the terms of banishment imposed on union leaders Bustos and Martínez;
   • - as regards the legal proceedings initiated by both the College of Teachers of Iquique and by the police as a result of the events which occurred in this town on 1 May 1988, the Committee requested the Government to inform it of the developments in these proceedings;
   • - as regards the allegations made by the National Confederation of Federations and Unions of Workers in the Food, Restaurant, Hotel and Allied Trades (CTGACH), the Committee noted the information supplied by the Government and requested the Government to inform it of the developments in the legal proceedings for reinstatement brought by the unionists Angel Catalán and Juan Montalbán;
   • - as regards the proceedings instituted by a number of dismissed workers anda number of union leaders of the State Railway Enterprise, the Committee, while noting that 48 workers as well as trade unionists José Ortega and José Morales had withdrawn their suit and that trade unionists Andrés Salinas and Pedro Munizaga had been reinstated, requested the Government to inform it of the court proceedings initiated by the other dismissed trade unionists;
   • - as regards the allegations of unfair practices by the Viña del Mar Municipal Corporation against the SIFE, the Committee noted the specific information communicated by the Government. It requested the complainants to send more precise information on the points raised in their communication;
   • - as regards the allegations presented by the Workers' Union of the La Previsión Insurance Company, the Committee, while noting the allegations and the Government's reply, requested the latter to inform it of developments in the legal proceedings concerning the contracts signed in 1981;
   • - as regards the appeal lodged by the Ministry of Internal Affairs against several leaders of the CUT for having called a general strike on 18 April 1989, the Committee requested the Government to keep it informed of developments in the trial of the union leaders Diego Olivares, Nicanor Araya and Sergio Aguirre, and to send it the text of the judgement to enable it to reach conclusions in full knowledge of the facts.

B. New allegations

1. 198. In its communication dated 19 September 1989, the WCOTP cited two letters containing death threats addressed to Jorge Pavez Urrutia and Osvaldo Verdugo Peña, both leaders of the College of Teachers of Chile.

C. The Government's replies

1. 199. In its communication dated 19 October 1989, the Government indicated that according to information from the Ministry of Internal Affairs, Mr. Meneses Aranda had not initiated any proceedings towards the reacquisition of Chilean nationality, which can be restored only by law and in accordance with section 11, final clause of the national Constitution.
2. 200. As regards the incidents in Iquique on 1 May 1988 which resulted in the initiation of court proceedings before the Military Prosecutor of Iquique for "assault of policeman on duty", the Government states that in January 1989 a provisional ruling was handed down for the withdrawal of the case and that on 26 June 1989 the file was closed. Therefore no one was either charged or sentenced as a result of these proceedings.
3. 201. As regards the court proceedings instituted by a group of dismissed employees of the State Railway Enterprise, the Government states that two trials are under way before the Fifth Labour Court of Santiago. In one of the trials, 53 workers concluded an individual agreement with the enterprise. Four cases are still pending.
4. 202. As regards the payment of length-of-service severance pay, provided for in employment contracts signed in October 1981, to workers of the La Previsión Insurance Company, the Government states that the company has lodged an appeal with the Court of Appeal of Santiago against the decision pronounced by the court of first instance.
5. 203. As regards the legal proceedings instituted against the leaders of the CUT, Diego Olivares, Sergio Aguirre and Nicanor Araya, the Government states that the trial is proceeding in the usual manner and that the defendants have access to defence counsel.
6. 204. In its communication dated 26 October 1989, the Government states that on 23 October 1989 the President of the Republic granted a presidential pardon, under Act No. 18050, to Manuel Bustos and Arturo Martínez, following the request made by the parties concerned through Mgr. Orozimbo Fuenzalida, a Catholic bishop. The Government considered that the adoption of this measure would be a way of contributing to keeping the peace in an atmosphere of social harmony. The result of the presidential pardon is the remission of the remainder of the sentence of internal exile which Messrs. Bustos and Martínez were serving. They were unconditionally released on 24 October 1989.
7. 205. In its communication dated 2 November 1989 the Government states, on the subject of the death threats addressed to Osvaldo Verdugo Peña and Jorge Pavez Urrutia, that the defendants' lawyer has lodged a writ with the Court of Appeal of Santiago requesting police protection for a period of 30 days, as a result of the threats addressed from Buenos Aires in Argentina. On 13 September 1989, the Court of Appeal accepted this plea and ordered the police to protect these persons, both at their homes and at the headquarters of their organisation, for a period of 30 days. This decision was implemented by the chief of the metropolitan police of Chile as from 27 September 1989. The Government states that it does not know the reasons for these death threats contained in letters coming from Argentina.
8. 206. In its communication of 6 February 1990, the Government states, as regards the situation of Mr. Luis Meneses Aranda, that the Civil Identification Office gave him a national identity card, as a Chilean citizen.
9. 207. Concerning the court proceedings instituted by dismissed employees of the State Railway Enterprise, the Government indicates that they are still under way before the Labour Court of Santiago.
10. 208. As regards the disputes in the insurance company La Previsión SA, the Government indicates that the Court of Appeals of Santiago dismissed the appeal lodged by the employer, thus confirming the lower court's judgement, which granted the workers' compensation payments based on seniority.
11. 209. Respecting the legal proceedings instituted against Messrs. Diego Olivares, Sergio Aguirre and Nicanor Araya, the Government indicates that they are now being "examined in plenary session" and that, consequently, the tribunal should soon be able to issue a decision.

D. The Committee's conclusions

1. 210. As regards the situation of the leader Luis Meneses Aranda, the Committee notes with interest that the person in question finally obtained his Chilean identity papers.
2. 211. As regards the internal exile imposed upon trade union leaders Manuel Bustos and Arturo Martínez, the Committee notes with interest that the persons concerned have been granted a presidential pardon and have accordingly been released unconditionally. It expresses the hope that this pardon will be quickly followed by a re-examination of the proceedings which had led to the sentencing of these persons.
3. 212. The Committee also notes with interest that the court proceedings initiated against the workers following the incidents which occurred during a demonstration organised in Iquique on 1 May 1988 ended in a withdrawal of the case and that no one was either charged or sentenced.
4. 213. The Committee notes, furthermore, that the court proceedings instituted by dismissed employees of the State Railway Enterprise are still under way. It therefore requests the Government to keep it informed of the outcome of these proceedings.
5. 214. Concerning the disputes on the payment of seniority compensation to workers of the insurance company La Previsión SA, the Committee notes that the Court of Appeals confirmed the lower court's judgements, which upheld the workers' claims.
6. 215. The Committee notes that the complainants have not responded to its request to send precise information regarding their allegations in connection with the unfair practices of the Viña del Mar Municipal Corporation towards the Inter-Enterprise Trade Union of Educational Officials of the Fifth Region (SIFE). Considering the allegations made in this connection to be too vague to be examined in full knowledge of the facts, the Committee considers that this aspect of the case does not call for further examination.
7. 216. As regards the legal proceedings brought by the Ministry of Internal Affairs against the leaders of the CUT, the Committee notes that the proceedings concerning Messrs. Diego Olivares, Nicanor Araya and Sergio Aguirre are still pending. It therefore requests the Government once again to inform it of developments in these proceedings and to send it the text of the sentences when they are pronounced.
8. 217. As regards the death threats addressed to two leaders of the College of Teachers of Chile, the Committee notes that, by virtue of a judicial decision, these persons have been granted police protection for a period of 30 days.
9. 218. Finally, the Committee notes that the Government has not provided information on the court proceedings initiated by the unionists Angel Catalán and Juan Montalbán of the CTGACH, with respect to their reinstatement.

The Committee's recommendations

1. 219. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes with interest that Mr. Meneses Aranda has finally obtained identity papers corresponding to his Chilean nationality and decides that this aspect of the case does not call for further examination.
   • (b) The Committee notes with interest that Messrs. Bustos and Martínez have been granted a presidential pardon and have thus been released unconditionally and expresses the hope that this pardon will quickly be followed by a re-examination of the proceedings which led to the sentencing of these persons.
   • (c) The Committee notes with interest that no workers were either charged or sentenced as a result of the court proceedings initiated following the incidents that occurred during a demonstration organised at Iquique on 1 May 1988, it thus decides that this aspect of the case does not call for further examination.
   • (d) The Committee requests the Government to inform it of the outcome of the court proceedings instituted by the dismissed employees of the State Railway Enterprise.
   • (e) The Committee notes that the Appeals Court confirmed the lower court's judgement, which upheld the payment of seniority premiums to the workers of the insurance company La Previsión SA, and decides that this aspect of the case does not call for further examination.
   • (f) The Committee, noting that the complainants have not responded to its request for additional information, considers that the aspect of the case concerning the unfair practices of the Viña del Mar Municipal Corporation towards the Inter-Enterprise Trade Union of Education Officials of the Fifth Region (SIFE), does not call for further examination.
   • (g) The Committee requests the Government to inform it of the developments in the legal proceedings brought against Messrs. Olivares, Araya and Aguirre, and to send it the text of the sentences when they are pronounced.
   • (h) The Committee notes that the two leaders of the College of Teachers of Chile who received death threats have been granted police protection for a period of 30 days and decides that this aspect of the case does not call for further examination.
   • (i) The Committee once again requests the Government to provide information concerning the court proceedings initiated by the trade unionists of the CTGACH, Angel Catalán and Juan Montalbán.