Informe provisional - Informe núm. 278, Junio 1991

Caso núm. 1541 (Perú) - Fecha de presentación de la queja:: 28-JUN-90 - Cerrado

1. 242. The CGTP presented its complaint in a communication dated 28 June 1990. The Government furnished its observations on the allegations in communications dated 12 February and 15 April 1991.
2. 243. 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).

A. The complainant's allegations

1. 244. The General Confederation of Peruvian Workers (CGTP) presented certain allegations of infringement of trade union rights in Peru in its communication of 28 June 1990. According to the complainant, Peru is living in a situation of generalised and growing crisis involving a major economic decline, political violence (subversion and repression), social unrest and the breakup of the State. The Government has declared a state of emergency in ten of the country's departments, which means that 47 per cent of the population are under military rule. This measure includes the suspension of constitutional guarantees such as personal freedom, the right of assembly, the right of free movement and the right of inviolability of the home. The consequences of this state of emergency have had a marked effect on trade union activity.
2. 245. The complainant states that the administration of justice, which is essential in controlling and punishing acts of political violence and regulating trade union claims, is ineffectual in the extreme. As an example it cites the fact that 86 per cent of those held in the country's prisons, for various offences, are still awaiting a judgement either sentencing or acquitting them, though they have been held for more than a year. It states that this situation and the proven corruption among the judiciary has led the various levels of society to distrust the administration of justice.
3. 246. The complainant's communication contains detailed information about the various groups engaged in violent activities affecting Peruvian society and the trade union movement. They include the armed rebel groups, the paramilitary groups whose aim is to "put down terrorism" by unlawful means, and the State which, being unable to deal with the economic crisis and the political violence, has reacted by giving increased powers to the armed forces and the police who, on the pretext of "national security" have systematically resorted to violence in response to the prevailing state of social conflict.
4. 247. In these circumstances, the complainant states, there has been a significant increase in all kinds of infringements of human rights: more than 300 proven disappearances out of a total of 600 reported, massive arbitrary imprisonment, the murder of trade union and political leaders, the ransacking of trade union premises, the institution of torture during interrogation, killing and wide-scale injury during the repression of demonstrations, etc. The complainant adds to its communication a chronological list of the main infringements of freedom of association that occurred in 1989:
   • - on 4 January the police attacked the Union of Workers of the Peruvian Telephone Company which was holding a union meeting after having carried out a peaceful march in support of its pay claims; the outcome was five persons injured and a number of persons arrested including three leaders of the union and the organisation secretary of the CGTP, Luis López Chan Nava;
   • - on 8 February, there was a strike by state workers in support of pay claims and protesting against the disappearance of Oscar Delgado Vera, a customs workers' leader (see Cases Nos. 1478 and 1484, 270th Report of the Committee, November 1989); Mr. Delgado had been arrested and had "disappeared", presumably as a result of police action, two-and-a-half months earlier; seven persons received bullet wounds in the course of street demonstrations;
   • - on 9 February a peaceful march took place as the culminating point of a strike by 8,000 peasants from the town of Pucallpa in support of their claims; police repression resulted in the death of eight persons, with more than 30 injured and 400 arrested. Among the latter, who were subjected to ill-treatment and aggression, were Luis Tuesta La Torre, general secretary of the Peasants' Federation of Ucayali, and Hugo Blanco Galgos, organisation secretary of the Peasants' Confederation of Peru (these allegations are examined in Cases Nos. 1478 and 1484 elsewhere in this report);
   • - on 8 July the police, using firearms and tear gas, broke up a meeting in the premises of the Federation of Construction Workers. As a result one worker - Manuel Mamaní Romeno - was killed and four persons received bullet wounds;
   • - on 1 August the police broke up a march by doctors who were on strike with the result that three sustained buck-shot wounds. The Medical Federation has denounced over 50 cases of workers being blinded through the use by the police of buck-shot to break up demonstrations;
   • - on 7 November, when the Mining Federation called a strike, the Government declared the strike illegal and at the same time the police broke into the homes of a number of workers and trade union leaders in the mining centre of La Oroya and the right of assembly was suspended in mining centres;
   • - on 7 December the Government ordered the trial of 300 doctors for taking part in the strike being waged by their union.
5. 248. The complainant Confederation reports that the Mining Federation denounced the killing, by the army and the police, of workers Santiago Lizana (8 October, Julcani Mine),( See also Case No. 1527.) Alberto García (26 October, Morococha Mine),( See also Case No. 1527.) Timoteo Carapachín (5 November, San Vicente Mine)( See also Case No. 1527.) who were on strike. The CTGP also denounces the attack on Saturdino Calapuja Salazar, a national leader, who was found dying in the centre of Lima after having taken part in a CTGP meeting and being kidnapped and ill-treated, and the murder on 10 December 1989 of Alcides Palomino Aronés, general secretary of the SUTEP of Ayacucho, presumably by a military patrol. The Confederation states in conclusion that the Peruvian trade union movement has been attacked in various ways by two major groups: the subversives and the State. On top of all this are the activities of the paramilitary groups. The CGTP appends to its complaint a list of trade union leaders who were victims of political violence in 1989 (see Appendix).

B. The Government's reply

1. 249. On the subject of the allegations made by the complainants, the Government, in a letter dated 12 February 1991, states that it asked the Ministry of the Interior for information and that the Ministry in turn approached the army and the police. The latter stated that the complaints alleging infringements of human and trade union rights are implausible since the activities against drug-trafficking and terrorism are being undertaken within the framework of the Constitution, the law and the relevant regulations. The Government points out that no reference is made in the allegations to the members of the armed forces and the police who have died defending justice and social peace and to whom human rights also apply.
2. 250. The Government's communication also mentions that the Ministry of Defence, which was asked for information on the allegations, has stated that the constitutional mission entrusted to the armed forces is covered by article 275 of the Constitution which provides that the essential purpose of the said armed forces is to guarantee the independence, sovereignty and territorial integrity of the country and to assume responsibility for internal order in accordance with the terms of article 231 of the Constitution, dealing with states of emergency when these have been decreed by the President of the Republic, and of Act No. 24150 which establishes the conditions that have to be met in states of emergency when the armed forces assume responsibility for internal order. The constitutional guarantees that may be suspended during a state of emergency are: (a) those relating to personal freedom and safety; (b) inviolability of the home; and (c) freedom of assembly and movement within the country as covered by article 2, paragraphs 7, 9 and 10 of the Constitution. The Government's communication adds that it may be appreciated from the above information that the activities of the armed forces in areas under a state of emergency are within the limits laid down by the Constitution and the law and that, consequently, in carrying out their functions the armed forces have not infringed personal or trade union freedom in these areas.
3. 251. In its letter of 15 April 1991 the Government explains that the state of emergency referred to has been extended, by Presidential Decree No. 005-91-DE/SG of 21 February 1991, to 60 days in the departments of Apurímac, Huancavelica, San Martín, Junín, Pasco, Ayacucho (with the exception of the province of Huamanga), Huánuco, Ucayali and the province of Convención in the department of Cusco and the district of Yurimaguas in the Province of Alto Amazonas in the department of Loreto.

C. The Committee's conclusions

1. 252. The Committee observes that the allegations in this case presented by the CGTP refer to the killing of numerous trade unionists and workers, to repression in respect of demonstrations, to the torturing of trade union leaders and the ransacking of trade union premises - acts of violence which the complainant maintains are instigated in official sectors as well as by paramilitary elements and armed rebel groups. The Committee regrets that the Government's replies are of a general nature and do not refer specifically to the serious allegations made in this case; consequently it urges the Government to send detailed and precise replies on the allegations without delay.
2. 253. As regards the allegations concerning the killing of trade unionists Santiago Lizana, Alberto García, Timoteo Carapachín, Alcides Palomino Aronés, Saúl Cantoral, Florencio Coronel, Ceferino Requis, Enrique Castilla, Antonio Cajachagua and Demetrio Palomino, and the disappearance of José Luis Aznaran, leader of the Federation of University Staff, Javier Alarcón G., national leader of the CGTP and of the National Federation of Staff of the University of Peru, the Committee, while aware of the difficulties the country is going through and of the atmosphere of violence created by various sectors of Peruvian society, cannot but strongly reiterate that a climate of violence such as that existing in the country is a serious obstacle to the exercise of trade union rights. The violent acts in question call for severe measures by the authorities, such as independent judicial inquiries in order to shed light on the facts and circumstances in which such killings took place and thus, in so far as possible, determine who is responsible, punish the guilty and prevent a repetition of them. Consequently the Committee repeats its request to the Government, which it made in connection with Case No. 1527, to inform it without delay whether inquiries have been initiated into the killing and disappearance of these trade unionists and, if so, to let it know their outcome.
3. 254. As regards the attacks by the police on the Union of Workers of the Peruvian Telephone Company and the arrest of three of its leaders who were holding a trade union meeting on 4 January 1989 and the injuries sustained in the shooting that took place at a trade union meeting of state workers who were on strike on 8 February 1989, the Committee deplores these events which directly interfere with the development of a free and independent trade union movement able to defend the rights and interests of its members fully and effectively, and thus to play a dynamic and productive role in the country's social, economic and political development. It recalls that trade union rights can be exercised only in an atmosphere that is free of violence, pressure or threats of any kind against trade unionists and that governments are expected to ensure respect for this principle. The Committee urges the Government to furnish its observations on these serious allegations without delay.
4. 255. As regards the violent intervention of the police on 8 July 1989 at a meeting of the Federation of Construction Workers, resulting in the death of one worker and in four persons being injured by bullets; the police suppression on 1 August 1989 of a march by doctors who were on strike, resulting in three receiving buck-shot wounds, a practice which according to the Medical Federation has resulted in over 50 workers losing their sight, the Committee deplores practices of this kind and draws the attention of the Government to the fact that the authorities should resort to calling in the police in a strike situation only if there is a genuine threat to public order. The Committee is also of the opinion that the intervention of the police should be in proportion to the threat to public order and that governments should take measures to ensure that the competent authorities receive adequate instructions so as to avoid the danger of excessive violence in trying to control demonstrations that might undermine public order. As in the preceding paragraph, the Committee urges the Government to send its observations on these serious allegations without delay.
5. 256. As regards the serious allegations of torture inflicted on the trade unionist Saturdino Calapuja Salazar, who was kidnapped and tortured by a paramilitary commando (see Appendix to this case), and the serious torture inflicted on Víctor Taype, President of the Federation of Mining and Metallurgical Workers of Peru, who had been imprisoned by a military commando in Huancavelica, the Committee expresses its deep concern at this type of practice and emphasises the importance of the principle laid down in the International Covenant on Civil and Political Rights that "all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person". It urges the Government to institute a full, independent and impartial inquiry into these allegations to determine who is responsible, punish those who are guilty and prevent a repetition of such activities, and to keep the Committee informed on the outcome of the inquiry.
6. 257. As regards the allegation concerning the suspension of the right of assembly in mining centres and the fact that a strike convened by the Mining Federation in the mining centre of La Oroya on 7 November 1989 was declared illegal, the Committee points out that the right to strike and the right to organise union meetings are essential aspects of trade union rights, and that measures taken by the authorities to ensure the observance of the law should not, therefore, prevent unions from organising meetings during labour disputes. (See Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 169.) The Committee requests the Government to inform it whether the suspension of the right of assembly in mining centres is still in force.

The Committee's recommendations

1. 258. In view of the preceding interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a)The Committee notes the seriousness of the allegations presented in this case and regrets that the replies furnished by the Government are of a general nature; it urges the Government to send detailed and precise replies on the allegations without delay.
   • (b)As regards the killing of trade union leaders Santiago Lizana, Alberto García, Timoteo Carapachín, Alcides Palomino Aronés, Saúl Cantoral, Florencio Coronel, Ceferino Requis, Enrique Castilla, Antonio Cajachagua and Demetrio Palomino; the disappearance of leaders José Luis Aznaran and Javier Alarcón, the Committee, while aware of the difficulties the country is going through and of the atmosphere of violence created by various sectors of society, cannot but strongly reiterate that an atmosphere of violence such as that existing in the country is a serious obstacle to the exercise of trade union rights. The Committee repeats the request it made to the Government in respect of Case No. 1527 to inform it without delay whether inquiries have been opened into the death and disappearance of these trade unionists and, if so, to let it know the outcome of these inquiries.
   • (c)As regards the attacks by the police on the Union of Workers of the Peruvian Telephone Company and the arrest of three of its leaders, as well as the shootings that took place during a trade union demonstration by state workers who were on strike on 8 February 1989, the Committee deplores these events which directly interfere with the development of a free and independent trade union movement. It recalls that trade union rights can only be exercised in an atmosphere that is free from violence, pressure or threats of any kind against trade unionists and that it is up to governments to guarantee respect for this principle. The Committee urges the Government to send its observations on these serious allegations without delay.
   • (d)With regard to the violent intervention of the police, on 8 July 1989, at a meeting of the Federation of Construction Workers, resulting in the death of one worker and in four others receiving bullet wounds, to the police repression on 1 August 1989, on the occasion of a march by doctors who were on strike, resulting in three persons receiving buck-shot wounds, the Committee deplores this type of practice and draws the Government's attention to the fact that the authorities should call in the police in connection with a strike only if there is a genuine threat to public order. The Committee is also of the opinion that police intervention should be in proportion with the threat to public order that it is trying to deal with and that governments should take measures to ensure that the competent authorities receive adequate instructions in order to avoid the danger of excessive violence when trying to control demonstrations that might undermine public order. The Committee urges the Government to send its observations on these serious allegations without delay.
   • (e)As regards the allegations of torture inflicted on trade union leader Saturdino Calapuja Salazar, after having been kidnapped by a paramilitary commando, and the torture inflicted on Víctor Taype, president of the Federation of Mining and Metallurgical Workers, after he had been arrested by a military commando at Huancavelica, the Committee expresses its deep concern at this type of practice and emphasises the importance of the principle laid down in the International Covenant on Civil and Political Rights, according to which "all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person". It urges the Government to institute a full, independent and impartial inquiry into these allegations to determine who is responsible, punish those who are guilty and prevent a repetition of such activities, and to keep the Committee informed on the outcome of such inquiries.
   • (f)As regards the allegation concerning the suspension of the right of assembly in mining centres and the fact that a strike called by the Mining Federation in the mining centre of La Oroya on 7 November 1989 was declared illegal, the Committee points out that the right to strike and the right to organise trade union meetings are essential aspects of trade union rights and that measures taken by the authorities to ensure observance of the law should not, therefore, prevent trade unions from organising meetings during labour disputes. The Committee requests the Government to inform it whether the suspension of the right of assembly in mining centres remains in force.

Z. ANNEX

• PRINCIPAL TRADE UNION LEADERS HAVING BEEN THE VICTIMS OF POLITICAL VIOLENCE IN
  1989. 1989
• Saturdino Calapuja
• Salazar
• National director of the CGTP, kidnapped and ill-treated, presumably by a
• paramilitary commando. Sustained serious injuries, some of which will have a
• lasting effect.
• Javier Alarcón G.
• National general director of the CGTP and of the National Federation of Staff
• of the University of Peru. Disappeared in December 1989. Presumed held by the
• security forces.
• Saúl Cantoral
• General secretary of the Federation of Mining, Metallurgical and Iron and
• Steel Workers of Peru. Killed in February 1989 by a paramilitary commando.
• Víctor Taype
• President of the Federation of Mining and Metallurgical Workers of Peru.
• Arrested by the political and military commando of Huancavelica. Tortured and
• sustained irreparable physical injuries.
• Florencio Coronel
• Miners' leader of La Oroya. Killed by the "Shining Path" in October.
• Ceferino Requis
• Miners' leader of Pasco, murdered by the "Shining Path" in March.
• Enrique Castilla
• Leader of the textile union. Murdered by the "Shining Path".
• Antonio Cajachagua
• Miners' leader of Morococha, murdered in May by the "Shining Path".
• José Luis Aznaran
• Leader of the Federation of University Staff. Disappeared in October;
• presumably in the hands of the state security forces.
• Demetrio Palomino
• Chairman of the Farmers' Federation of Ayacucho, murdered by the "Shining
• Path" in November.