Informe provisional - Informe núm. 287, Junio 1993

Caso núm. 1690 (Perú) - Fecha de presentación de la queja:: 24-DIC-92 - Cerrado

1. 408. The Committee examined this case at its February 1993 meeting (see 286th Report, paras. 465-473, approved by the Governing Body at its 255th Session (March 1993)), when it reached interim conclusions. The Latin American Central of Workers sent new allegations in a communication dated 15 April 1993. The Government sent new information in communications dated 14 and 15 April 1993.
2. 409. Peru has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 410. At its February 1993 meeting, when dealing with the allegations presented by the World Confederation of Labour (WCL) concerning the assassination of Mr. Pedro Huilca Tecse, Secretary-General of the General Confederation of Workers of Peru (CGTP), and the threats allegedly received by the trade union leadership of the Autonomous Confederation of Workers of Peru (CATP) and other trade union leaders in Peru, the Committee formulated the following recommendations (see 286th Report, para. 473):
2. The Committee expresses its most energetic condemnation of the assassination of Mr. Pedro Huilca Tecse, Secretary-General of the CGTP, and of the injuries suffered by the son of this official. The Committee requests the Government to open a judicial inquiry without delay with a view to determining responsibilities and severely punishing all the guilty parties, and to keep it informed of the outcome of the inquiry.
3. The Committee observes that the complainant organization has not given the names of officials who have been threatened or the content of these threats and requests it to do so.
4. In drawing the attention of the Government to the fact that trade union rights may be exercised only in a climate free of violence, coercion or threats of any kind against trade unionists and that it is the responsibility of governments to guarantee respect of this principle, the Committee expresses the firm hope that the Government will take all the measures available to it to guarantee this principle.
5. B. New allegations
6. 411. In its communication of 15 April 1993, the CLAT alleges that Mr. Alfredo Lazo Peralta (Secretary-General of the Autonomous Confederation of Workers of Peru-CATP) received death threats on several occasions (including the day of Mr. Pedro Huilca Tecse's assassination) because of his trade union activities and in particular, because of his efforts to unify Peruvian workers' organizations in collaboration with the other trade union confederations.
7. C. The Government's reply
8. 412. In its communications dated 14 and 15 April 1993, the Government states that on 19 March 1993 the National Office for Counter-Terrorism reported that it was holding a sizeable extermination group from the "Shining Path", including Margo Cecilia Domínguez Berrospi, who confessed to having fired the coup de grâce at Mr. Huilca, Secretary-General of the CGTP, and Mario Rafael Uscata, who played an active part in the assassination of this trade union leader. Finally, the Government states that the instigators, perpetrators, accessories and participants in the assassination are awaiting trial.

D. The Committee's conclusions

1. 413. The Committee notes with satisfaction the Government's observations to the effect that the police investigation has led to the identification of the suspected perpetrators, accomplices and participants in the assassination of the trade union leader Pedro Huilca Tecse, and that they are awaiting trial. The Committee expresses the firm hope that a regular and impartial judicial procedure will identify those responsible and punish the guilty parties. The Committee requests the Government to inform it of the final outcome of these judicial proceedings.
2. 414. The Committee expresses its deep concern at the situation of violence which the country is experiencing and wishes once again to draw the Government's attention to the fact that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists, and that it is for governments to ensure that this principle is respected (see 283rd Report of the Committee on Freedom of Association, para. 256). The Committee expresses the firm hope that the Government will take all the measures that are available to it to ensure that this principle is respected.
3. 415. Finally, as regards the allegation concernings the death threats received by Mr. Alfredo Lazo Peralta (Secretary-General of the Autonomous Confederation of Workers of Peru), the Committee requests the Government to send its observations and to take the necessary measures to protect the threatened trade union leader.

The Committee's recommendations

1. 416. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes with satisfaction that the suspected perpetrators, accomplices and participants in the assassination of the trade union leader Pedro Huilca Tecse are awaiting trial. The Committee requests the Government to inform it of the final outcome of the judicial proceedings against the accused.
   • (b) The Committee requests the Government to send its observations on the allegations concerning the death threats received by the trade union leader Alfredo Lazo Peralta and to take the necessary measures to protect him.
   • (c) The Committee once again draws the Government's attention to the fact that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists, and that it is for governments to ensure that this principle is respected, and expresses the firm hope that the Government will take all the measures that are available to it to ensure that this principle is respected.