Rapport définitif - Rapport No. 187, Novembre 1978

Cas no 885 (Equateur) - Date de la plainte: 09-JUIL.-77 - Clos

1. 269. The Committee already examined this case in November 1977 and in May 1978. At these sessions, the Committee submitted interim conclusions in its 172nd Report (paragraphs 371 to 388) and 181st Report (paragraphs 196 to 210), respectively. The Governing Body approved the first report in November 1977 (204th Session) and the second in June 1978 (206th Session).
2. 270. Ecuador 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. A. The complainants' allegations

1. 271. This case is mainly concerned with a 24-hour general strike called on 18 May 1977 by the three Ecuadorian trade union Confederations - the Confederation of Workers of Ecuador (CTE), the Ecuadorian Confederation of Catholic Workers (CEDOC) and the Ecuadorian Confederation of Free Trade Union Organisations (CEOSL) - and another strike organised on the same day by the National Union of Educators (UNE). Under an emergency procedure, these work stoppages led to the sentencing to fines and imprisonment of trade union officials, including Juan Vasquez Bastidas, President of the CTE, and Manuel Antón, President of the UNE, to the outlawing of the UNE and to the dismissal of a very large number of teachers. The complainants also referred to the arrest of Julio Ayala Serra, President of the Educators' Union for the province of Guayas.
2. 272. The Committee had noted that a number of the demands made in connection with the strike of 18 May 1977 were clearly occupational in character while others were not. As concerns the teachers, the Government explained that the UNE's membership embraced a substantial proportion of the teachers in the country's public education system. These teachers had decided to call a national work stoppage with a view to obtaining certain pecuniary advantages which the Government was not in a position to offer them. Nevertheless, continued the Government, the authorities had studied these demands in a desire to satisfy them as far as possible. Notwithstanding this, on the initiative of a few of its leaders, the UNE had launched itself into a national strike which had brought public schools and colleges throughout the country to a standstill for 30 days with the sole aim o€ creating chaos, disrupting public order and attempting to shatter the peace and tranquillity of the Ecuadorian people. The Government had accordingly declared these events to be unlawful. The teaching profession is in fact governed by the Advancement and Wages Act, which enumerates the rights and duties which bind teachers to the State and prohibits strikes, work stoppages and other demonstrations of a political nature.
3. 273. The Government added that, in pursuance of Legislative Decree No. 105 of 7 June 1967, it had punished the ringleaders by dismissing them or transferring them to other provinces. However, it had immediately quashed these sanctions and reinstated 95 per cent of the teachers in their profession, in some cases in the same post. The competent authorities were moreover examining the cases of the remainder with a view to their reinstatement.
4. 274. In June 1978, the Governing Body, on the recommendation of the Committee, noted the information supplied by the Government. It, however, drew the latter's attention to a certain number of considerations and principles. For example, the recognition of the right of association of public servants in no way prejudges the question of the right of such officials to strike. The Committee has admitted that this right may be restricted or even prohibited in the civil service. However, such measures should be accompanied by adequate procedures for the peaceful settlement of disputes and, in the final instance, by arbitration procedures in which the awards are binding in all cases upon both parties and are promptly and fully implemented. Moreover, the outlawing of the UNE in pursuance of a decree was in flagrant breach of Article 4 of Convention No. 87, which had been ratified by Ecuador. Dissolution by the executive branch Of the Government pursuant to a law conferring full powers or in the exercise of legislative functions, like dissolution by virtue of administrative powers, does not afford the right of defence and does not offer the necessary guarantees. In other words, trade unions should enjoy the protection of a normal judicial procedure where the national legislation provides for the dissolution (or suspension) of a trade union as a punishment for a serious breach of the law. Furthermore, the outlawing of the UNE was liable to deprive teachers in the public education sector of any representative organisation, since its membership embraced a substantial proportion of the teachers concerned. The Governing Body requested the Government to reconsider the measure taken against the UNE and to supply information on any development in this connection.
5. 275. Juan Vasquez Bastidas, President of the CTE, and Manuel Antón, President of the UNE, had, according to the complainants, been sentenced to two years' imprisonment and to fines of from 8,000 to 10,000 sucres, in pursuance of the aforementioned Legislative Decree No. 105 and Presidential Decree No. 1475 of 25 May 1977. The first of these decrees punishes very severely and in very broad terms collective stoppages of work. The Committee expressed the opinion that it should be reviewed. The second, adopted only a few days after the strike of 18 May 1977, entrusts senior police officers with the responsibility of trying offenders; the sections of the Code of Criminal Procedure to which it refers apply in principle to minor breaches of the law; they provide for an expeditious procedure with no possibility of appeal. The Committee expressed the view that this summary procedure lent itself to abuse and that all arrested trade unionists should be subject to normal judicial procedure guaranteeing the rights of defence and conforming to the provisions of the International Covenant on Civil and Political Rights. As to Julio Ayala Serra, President of the Educators' Union for the province of Guayas, the Government had supplied no further information.
6. 276. In June 1976, the Governing Body, on the recommendation of the Committee, suggested to the Government that it reconsider the position of Juan Vasquez Bastidas and Manuel Antón and requested it once more to indicate the present position of Julio Ayala Serra.
7. 277. In a letter dated 8 September 1978, the Government refers to Manual Antón and Julio Ayala Serra who, it states, were sentenced by special judges, in pursuance of Decrees Nos. 105 and 1475, for having attempted to undermine the legally constituted Government, disrupted public order and provoked a number of incidents. Nevertheless, adds the Government, aware of the country's need for peace and tranquillity, it has accepted the request of several groups and of the ILO and a supreme decree has been issued ordering the release of the persons referred to. It emphasises that, at present, there is no further dispute relating to the complaints submitted. While considering the matter closed as far as it is concerned, the Government states that it is prepared to answer any questions the Committee may wish to ask.

B. B. The Committee's conclusions

1. 278. The Committee takes note with interest of the release of the persons referred to. Nevertheless, the Government has not provided any additional information on the present situation of the President of the CTE, Juan. Vasquez Bastidas, or on the UNE, which had been dissolved by decree.

The Committee's recommendations

1. 279. In these circumstances, the Committee recommends the Governing Body:
   • (a) to take note with interest the release of Manuel Antón and Julio Ayala Serra;
   • (b) to suggest again to the Government that it reconsider the position of Juan Vasquez Bastidas;
   • (c) to urge the Government to reconsider the measure of dissolution by administrative means taken against the UNE, which is in flagrant breach of Article 4 of Convention No. 87, ratified by Ecuador, as stated in paragraph 274 above; and
   • (d) to request the Government to keep the Committee informed of the measures taken with regard to the matters raised in (b) and (c) above.