Rapport intérimaire - Rapport No. 218, Novembre 1982

Cas no 953 (El Salvador) - Date de la plainte: 12-MARS -80 - Clos

362. Since 1976 numerous complaints concerning violations of freedom of association in El Salvador have been presented by the following organisations: the United Trade Union Federation of El Salvador (FUSS), the Federation of Unions of Workers in the Food, Clothing, Textile and Allied Industries of El Salvador (FESTIAVTSCES), the Committee for Trade Union Unity of Workers of Central America and Panama (CUSCA), the Trade Unions International of Textile, Clothing, Leather and Fur Workers, the Trade Unions International of Food, Tobacco, Hotel and Allied Industries Workers, the Latin American Central of Workers (CLAT), the World Confederation of Labour (WCL), the World Federation of Agricultural Workers, the International Confederation of Free Trade Unions (ICFTU) and the Permanent Congress of Trade Union Unity of the Workers of Latin America (CPUSTAL).

1. 362. Since 1976 numerous complaints concerning violations of freedom of association in El Salvador have been presented by the following organisations: the United Trade Union Federation of El Salvador (FUSS), the Federation of Unions of Workers in the Food, Clothing, Textile and Allied Industries of El Salvador (FESTIAVTSCES), the Committee for Trade Union Unity of Workers of Central America and Panama (CUSCA), the Trade Unions International of Textile, Clothing, Leather and Fur Workers, the Trade Unions International of Food, Tobacco, Hotel and Allied Industries Workers, the Latin American Central of Workers (CLAT), the World Confederation of Labour (WCL), the World Federation of Agricultural Workers, the International Confederation of Free Trade Unions (ICFTU) and the Permanent Congress of Trade Union Unity of the Workers of Latin America (CPUSTAL).
2. 363. The Committee has already examined most of these cases on several occasions and submitted interim reports to the Governing Body.
3. 364. Since then, in the absence of observations from the Government, the Committee adjourned its examination of these cases to February, then May 1982. The Office sent a telegram to the Government on 26 April 1982 inviting it to submit its observations as soon as possible. In June 1982 the Minister of Labour forwarded additional information.
4. 365. El Salvador has not ratified either the freedom of Association and Protection of the Right to organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
5. 366. The complaints examined by the Committee were basically of three kinds: first, concerning the violent death and disappearance of trade unionists and former trade unionists; second, arrest of trade union leaders; third, attack on trade union premises and destruction of records.
6. 367. At the last examination of the cases in question, in November 1981, the Governing Body, in accordance with the Committee's recommendations, expressed extreme concern at the serious nature of the allegations and observed that various acts had occurred after 15 October 1979, when the previous Government had been deposed.

A. Violent death and disappearance of trade unionists and former trade unionists

1. 368. In particular, concerning violent deaths and disappearances, the Governing Body deplored the loss of many human lives and the injuries referred to in the complaints. It noted that investigations had been opened into some of the occurrences and requested the Government to undertake as soon as possible a judicial inquiry into those cases where investigations had not been opened and to inform it of the results.
2. 369. In his communication of June 1982, before giving a detailed reply concerning the cases in question, the Minister of Labour stated that, as a human being and as an official, he regretted that in the past acts had occurred in El Salvador which were not perhaps compatible with humane feelings, especially as regards violations of freedom of association such as those denounced to the International Labour Organisation. However, in order to preserve his country's international prestige despite the climate of violence which has prevailed in recent years, resulting in loss of human life and material losses, he stated that he would like to present specific information on the current situation concerning these cases.
3. 370. It should therefore be recalled that, in Case No. 844, the complainants alleged in particular that on 28 October 1977, workers who were preparing to organise a collection in support of a strike at the El León factory were attacked by the police, and two of them lost their lives. According to the Government's communication of June 1982, the investigations undertaken and requested from the Ministry of Defence and Public Security confirm that there is no file on events relating to the situation of trade unionists in the El León factory which occurred under the presidential administration of Colonel Arturo Armando Molina and General Carlos Humberto Romero in 1975 and 1978.
4. 371. As regards Case No. 973, according to a communication of the WCL dated 21 April 1981, José Santos Tiznado and Pedro González, leaders of the Salvadorian Peasants' Central, were murdered by uniformed members of the National Guard at midnight, on 10 May 1980, in the Jésus suburb of the San Ramón municipality in the department of Cuscatlán. In addition, Manuel Antonio Carrillo and José Antonio Carrillo, former leaders of the Salvadorian Peasants' Central and members of the El Rosario Agricultural and Consumers Co-operative Ltd., were murdered on 3 June 1980 by members of the forces of repression, as was evident from the calibre of the bullets found near their bodies. As regards Rafael Hernández Olivo, Secretary General of the Irrigation and Drainage Section of the National Association of workers of the Ministry of Agriculture and Cattle Farming (ANTMAG), who had been transported to the Metapán hospital after being injured in an accident, he had subsequently disappeared, having been arrested by the hacienda police.
5. 372. Concerning the homicide of the peasants José Santos, Pedro González, Manuel Carrillo and Antonio Carrillo, and the disappearance of Rafael Hernández Olivo, the Government states that the authorities are continuing their investigations.
6. 373. In Case No. 953, the ICFTU alleged, in a communication dated 18 July 1980, that in a clash with the armed forces on 24 June 1980, Tomás Rosales, a leader of the workers' union of the "Granja Santa Inés", had been killed and four other trade unionists had been injured, when the workers at this undertaking had called a peaceful strike in support of a list of wage claims.
7. 374. The Government has still not supplied any information on this allegation.
8. 375. In Case No. 1016, concerning the murder on 13 January 1981 of Rodolfo Viera, Secretary General of the Salvadorian Communal Union, and the death of two United States trade unionists Mark Pearlman and Michael Hammer, representatives of the AFL-CIO in El Salvador, the Government confirms in its communication of June 1982 that a trial was being held in the fifth criminal court of San Salvador. The accused, Ernesto Sol Meza, has been released on the order of the Supreme Court, after submitting an appeal, and the other accused, Hans Krist, has been acquitted, adds the Government.
9. 376. The Committee observes that the Government has supplied certain information on the development of the investigations conducted by the authorities into the death and disappearance of the trade unionists and former trade unionists referred to by the complainants.
10. 377. As regards certain events, however, the Committee regrets that despite the time which has elapsed since the complaints were presented, the Government still has not supplied any observations, particularly on the alleged death of Tomás Rosales and the injuries inflicted on his fellow workers by the forces of the law on 24 June 1980 at the Granja Santa Inés. In this respect, the Committee recalls, as it has stated on numerous previous occasions, that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact. It is therefore confident that if it protects governments against unreasonable accusations, the latter should recognise the importance for the protection of their own good name of formulating for objective examination detailed factual replies to the allegations put forward,
11. 378. In Case No. 973, the Committee notes that, according to the Government, an investigation is being made into the homicide of the peasants José Santos, Pedro Gonzáles, Manuel Carrillo and Antonio Carrillo and the disappearance of Rafael Hernández Olivo. The Committee again stresses to the Government the need to ensure that the guilty parties are punished and insists that the Government inform it of the results of the current investigations and of the penalties imposed.
12. 379. The Committee also notes that in Case No. 1016, the trial in the murder of trade union leader Rodolfo Viera has resulted in the acquittal of one of the accused and that the second has been released pending appeal. In this connection, the Committee must first keenly deplore the murder of these trade unionists. It would also observe that a climate of violence such as that in which the murders were committed constitutes a serious obstacle to the exercise of trade union rights. Consequently, such acts call for effective measures on the part of the authorities. The Committee therefore requests the Government to send it the text of any judgement handed down in this case, and to pursue actively the investigations into these cases.

B. Arrests of trade union leaders

1. 380. During its most recent examination of the substance of these cases, the Committee had also recommended the Governing Body to note that some trade unionists had been released, and had noted that certain arrests were made because of participation in an illegal electricity strike which led to the loss of human lives in hospitals and other welfare centres.
2. 381. However, it had also requested the Government to indicate the reasons for and circumstances surrounding the arrests of the leaders Enrique Tejada, Antonio Campos Mendoza, Salomón Sánchez Márquez, Vicente Aguirre, Melitón Sánchez, Antonio Fuentes and Maximiliano Castro, and to supply information on their present situation. Recalling that it should be the policy of every government to ensure the right of all detained persons to receive a fair trial at the earliest possible moment, it pointed out that the arrests of trade unionists against whom no grounds for conviction are subsequently found may involve the restriction of trade union rights and a serious interference in trade union activities.
3. 382. Lastly, in general terms, it considered that a contribution would be made towards normalising the trade union situation and labour relations - a necessary objective in the context of the full respect of human rights - and the restoration of social harmony if the Government examined the situation of the arrested persons referred to by the complainants, with a view to freeing those arrested for trade union reasons.
4. 383. In this connection, the allegations in Case No. 987 should be recalled. According to CPUSTAL, on 31 July 1980, trade union leaders Tejada, Mendoza, Márquez, Aguirre, Sánchez, Fuentes and Castro had been arrested by police while discussing a list of claims in the premises of the undertaking Buses Ruta Urbanos 5-28.
5. 384. In its communication of June 1982, the Government states, concerning the detention of leaders of the National Union of Workers in the Transport and Allied Industries in the premises of the undertaking Buses Ruta Urbanos 5-28, that a trial is under way.
6. 385. The Committee notes that in this case the trade union leaders in question seem to have been in custody for over two years. In this respect, it wishes to draw the attention of the Government to the fact that preventive detention without conviction by a court should not exceed a very brief period and should be intended only to facilitate a judicial inquiry. Holding persons indefinitely in custody without trial is a practice which involves inherent danger of abuse and is for this reason subject to criticism.
7. 386. In consequence, the Committee, while noting that a trial is under way, requests the Government to supply the text of the judgement with the grounds therefore, and hopes that, in so far as these trade union leaders have been imprisoned only for legitimate trade union activities, they will be released as soon as possible."

C. Attacks on trade union premises

1. 387. The Government was also requested to send its observations on the allegations to which it had not replied, and which, according to the ICFTU in a communication dated 18 March 1980 relating to Case No. 953, chiefly concerned an alleged attack by the armed forces on the San Miguel premises of the Federation of Unions of Workers in the Construction, Transport and Allied Industries (FESINCONSTRANS), an organisation affiliated to the ICFTU. During the attack, which is alleged to have taken place on 27 February 1980 at 8.30 p.m., the lives of trade unionists were threatened and trade union records destroyed.
2. 388. The Committee regrets, despite the time which has elapsed since the complaint was presented, the absence of the information requested of the Government on this aspect of the case. The Committee notes that this allegation involves principles relating to freedom of association. As it has pointed out before, on receiving an allegation of this kind, the Committee would stress the importance it attaches to certain fundamental principles essential to the exercise of trade union rights, namely that occupation of trade union premises and confiscation of materials and other trade union publications may constitute serious interference by the authorities in trade union affairs. The International Labour Conference, in the Resolution concerning trade union rights and their relation to civil liberties adopted at its 54th (1970) Session, considered that the right to protection of trade union property is one of the civil liberties which is essential to the normal exercise of trade union rights. Thus, while recognising that neither trade unions nor any other association or individual can be exempt from a search of their premises, the Committee has always considered that, should such action be taken, it should occur only after a warrant has been issued by the ordinary judicial authority, when the latter is satisfied that there are serious grounds for supposing that the necessary evidence for prosecution of a crime will be found, and provided that the search is limited to the purposes for which the warrant was issued. In addition, any authorities who, during a search, exceed the powers conferred on them by law should be punished.
3. 389. The Committee therefore urges the Government to forward its observations on the events which occurred on 27 February 1980 in the San Miguel premises of the trade union federation affiliated to the ICFTU, which according to the complainants was attacked by the armed forces, who also destroyed the trade union records.

The Committee's recommendations

• Recommendations of the Committee
  390. 390 In these circumstances the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
       • (a) In general terms, regarding allegations concerning the violent death or disappearance of a large number of trade unionists or former trade unionists, the Committee notes that the Government has supplied some information on the investigations currently under way. It must, however, regret that the Government still has not supplied any information on certain events. Consequently, the Committee can only express once more its extreme concern at the serious nature of the allegations submitted to it, and recall the fundamental importance which it attaches to the development of a free and independent trade union movement in full respect of human rights. The Committee requests the Government to supply its observations on the alleged death of Tomás Rosales and the injuries inflicted on four other trade unionists on 24 June 1980 at the Granja Santa Inés in the context of a labour dispute (Case No. 953).
       • (b) More particularly, in Case No. 973, on which the Government has supplied information, the Committee notes that an investigation is being made into the homicide of the peasants Jose Santos, Pedro González, Manuel Carrillo and Antonio Carrillo and the disappearance of Rafael Hernández Olivo. The Committee stresses the need to ensure that the guilty parties are punished and insists that the Government inform it of the results of the investigation and the penalties imposed.
       • (c) In Case No. 1016, the Committee keenly deplores the murder of the trade union leader Rodolfo Viera and of the United States trade unionists Mark Pearlman and Michael Hammer, representatives of the AFL-CIO in El Salvador. It considers that a climate of violence can only constitute a serious obstacle to the exercise of trade union rights. It requests the Government to transmit to it the results of the judicial inquiry under way and to send the text of any judgement handed down in this case, as well as to pursue actively its investigations into these murders.
       • (d) Concerning the arrest of trade union leaders and in particular Case No. 987, on which the Government has supplied information, the Committee has been given to understand that the trial of the following leaders of the National Union of Workers in the Transport and Allied Industries: Messrs. Tejada, Mendoza, Márquez, Aguirre, Sanchez, Fuentes and Castro, arrested in the premises of the undertaking Buses Ruta Urbanos 5-28, is under way. Since it appears from the allegations that these persons have been in custody for over two years, the Committee considers it necessary to recall that preventive detention should not exceed a very brief period and should be intended only to facilitate a judicial inquiry. The Committee therefore requests the Government to send it the text of the judgement with the grounds therefore and to state what steps have been taken to release the trade union leaders who allegedly were arrested only for defending the occupational interests of their members.
       • (e) As regards the allegations concerning an attack on the San Miguel premises of a trade union federation affiliated to the ICFTU, and the destruction of trade union records by the armed forces on 27 February 1980 (Case No. 953), the Committee regrets, despite the time which has elapsed, the absence of the observations requested of the Government on the matter. Nevertheless, it recalls in general terms, that the International Labour Conference, in its 1970 Resolution concerning trade union rights and their relation to civil liberties, laid particular emphasis on the right to protection of trade union property. Therefore when trade union premises are subjected to a search, the Committee stresses the importance it attaches in this case to the guarantee of proper legal procedure. It urges the Government to forward its observations on the events of 27 February 1980 in the San Miguel premises of the trade union federation, affiliated to the ICFTU, where, according to the complainants, the premises were attacked by the armed forces and the trade union records were destroyed.