Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 238, Mars 1985

Cas no 1212 (Chili) - Date de la plainte: 08-JUIN -83 - Clos

1. 191. The Committee examined this case at its meetings in November 1983 and February, May and November 1984 and submitted interim conclusions to the Governing Body (See 230th Report of the Committee, paras. 619 to 659, 233rd Report, paras. 520 to 549, and 234th Report, paras. 555 to 570, approved by the Governing Body at its 224th, 225th and 226th Sessions in November 1983, February-March and May-June 1984, respectively; see also 236th Report of the Committee, para. 8.).
2. 192. Following the examination of the case by the Committee in May 1984, new allegations were received from the World Confederation of Labour (dated 10 September 1984) and the National Trade Union Co-ordinating Body with other Chilean organisations (October 1984). The Government sent its comments on the questions still pending in communications of 7 and 26 November 1984 and 4 January 1985.
3. 193. Chile has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 098).

A. Previous examination of the case

1. 194. At its meetings in May and November 1984, when examining the questions which remained pending, the Committee urged the Government to carry out an investigation into the alleged torture of Maréa Rozas, Sergio Troncoso (both trade union leaders) and José Anselmo Navarrete (trade unionist) and requested the Government to keep it informed of the outcome. The Committee also requested the Government to keep it informed of developments with regard to the legal proceedings for the disqualification of union leaders from holding office and the proceedings to revoke the dismissal of union leaders in the undertaking CODELCO-Chile.

B. New allegations

1. 195. In its communication dated 10 September 1984, the World Confederation of Labour (WCL) sent a press communiqué signed by Mr. Rodolfo Seguel (President of the Confederation of Copper Workers) regarding the provocations and threats to which he is said to have been subjected. The events took place when he was in a restaurant and were made by a group of young persons who were apparently encouraged and applauded by the Commander of the Sixth Region and other local authorities who were also present in the restaurant.
2. 196. In its communication of October 1984 the National Trade Union Co-ordinating Body with other Chilean trade union organisations allege that the trade unionists Juan Gasca, Marcelino Carrasco, José Barahona, Pedro Rodréguez and Juan Soto, workers of the undertaking CODELCO-Chile (El Teniente division), whom the undertaking arbitrarily dismissed in June 1983 as a reprisal for their participation in the work stoppage called by the Confederation of Copper Workers on 24 June 1983, have been on hunger strike since 27 September 1984 in order to obtain reinstatement in their jobs. These five trade unionists had gone on another hunger strike in April 1984, which lasted 26 days and which concluded with an agreement to reinstate them in the undertaking; the latter, however, did not keep its side of the bargain.

C. The Government's reply

1. 197. As regards the proceedings for the disqualification of union leaders from holding office and the proceedings to revoke the dismissal of trade union leaders of the undertaking CODELCO-Chile, the Government states that the disqualification proceedings initiated by the undertaking against Messrs. Rodolfo Seguel, Manuel Rodréguez, Armando Garrido, Eugenio López, Roberto Carvajal, Sergio Barriga, Nelson Rivera, Sabino Páez, José Escobar and Raúl Montecinos ended with rejections of the undertaking's case by the court. The Government adds that the proceedings for the disqualification of Messrs. Ramiro Vargas, Nicanor Araya, Carlos Ogalde and Freddy Hinojosa from holding trade union office are still pending, as are the proceedings to revoke the dismissal of Rodolfo Seguel and 23 other trade union leaders.
2. 198. As regards the allegations of torture, the Government sends joint observations in respect of Cases Nos. 1183, 1205, 1191 and 1212, stating in particular that it will communicate the results of the proceedings which are still pending (See para. 12 of the introduction, where the Committee examines these allegations).
3. 199. As regards the allegation presented by the World Confederation of Labour, the Government states that this was a mere verbal exchange between private individuals which took place in a restaurant, between Mr. Rodolfo Seguel and another person, a customer, while they were dining at 11 o'clock at night. When Mr. Seguel entered the premises, which were crowded, he was jeered and whistled at by the customers and became involved in a heated argument with one of them who is said to have provoked him. Mr. Seguel then severely took to task the Commander of the Sixth Region because he had not intervened to defend him and had threatened him. The Government remarks that various persons who witnessed the events in the restaurant have stated that the incident was a minor one and did not go beyond a heated argument between private individuals in a restaurant. If there had been a threat against Mr. Seguel's life, he could have brought a case before the penal courts for this offence. The Government states that it has no knowledge that this has been done.
4. 200. As regards the allegation respecting the hunger strike of five former workers of the El Teniente division of the undertaking CODELCO-Chile in order to obtain their reinstatement in the undertaking, the Government states that on 17 June 1983 the El Teniente division of CODELCO legally terminated the contracts of employment of Messrs. Juan Gasca Jelves, José Barahona, Pedro Rodréguez and Juan Soto Yáñez, in conformity with the provisions of clauses 3 and 5 of section 14 and clause 4 of section 15 of Legislative Decree No. 2200 of 1978, i.e. for failure to report for work without a valid reason, serious failure to discharge the obligations implicit in the contract and active participation in the unlawful stoppage of work which occurred in the El Teniente division in June 1983. As regards Mr. Marcelino Carrasco, the division terminated his contract on the basis of clause 4 of section 15 of Legislative Decree No. 2200, namely for having directed or participated actively in the work stoppage that occurred on the date mentioned. The Government adds that the workers just mentioned were notified in due time of the decision taken and that none of them applied to the courts within the time limit and in conformity with the procedure laid down by Legislative Decree No. 2200. Consequently, in invoking and having recourse to the grounds mentioned in the Legislative Decree, the El Teniente division of CODELCO was acting in strict compliance with the legal standards regulating the termination of a contract of employment, and thus did not proceed arbitrarily but in strict observance of the legal provisions in force. Finally, the Government announces that, thanks to the intervention of the Director of the ILO Office in Chile, the former workers ended their hunger strike on 15 November 1984.

D. The Committee's conclusions

1. 201. As regards the legal proceedings initiated against union leaders to disqualify them from holding office and the proceedings to revoke the dismissal of trade union leaders from the undertaking CODELCO-Chile, the Committee notes that the disqualification proceedings against ten trade union leaders ended with a rejection by the court of the undertaking's case and that the disqualification proceedings against the trade union leaders Ramiro Vargas, Nicanor Araya, Carlos Ogalde and Freddy Hinojosa are still pending. The Committee also notes that the proceedings to revoke the dismissal of 24 union leaders are still pending. The Committee requests the Government to keep it informed of the outcome of all these pending legal proceedings.
2. 202. As regards the allegation relating to the threats and provocations proffered to the trade union leader Rodolfo Seguel in a restaurant, the Committee observes that the versions of the facts supplied by the World Confederation of Labour (WCL) and the Government are contradictory. In these circumstances, given that the alleged facts did not concern trade union activity, the Committee, while noting that no legal action was initiated in this regard, considers that it is inappropriate to pursue its examination of this aspect of the case.
3. 203. Lastly, as regards the allegation relating to the hunger strike of five trade unionists who were dismissed in June 1983 in support of their demand for reinstatement in the undertaking CODELCO-Chile, the Committee notes that, after more than a month and a half of hunger strike, these trade unionists ended their fast on 15 November 1984. In this regard the Committee considers that any measure that might be taken to reinstate these five trade unionists in the undertaking CODELCO-Chile could only contribute positively to the harmonious development of labour relations, all the more so since, according to the complainant's allegations (which the Government has not refuted), the undertaking in question failed to comply with an agreement concluded as the result of an earlier hunger strike, which included the reinstatement of these trade unionists.

The Committee's recommendations

1. 204. In these circumstances the Committee requests the Governing Body to approve the present report and, in particular, the following conclusions: a) As regards the legal proceedings initiated against trade union leaders to disqualify them from holding office, the Committee notes that the court rejected the case of the undertaking CODELCO-Chile in the cases of ten trade union leaders and that disqualification proceedings are still pending against four. The Committee also notes that the proceedings to revoke the dismissal of 24 trade union leaders are still pending. The Committee requests the Government to keep it informed of the outcome of all the pending legal proceedings.
   • b) As regards the allegation relating to the hunger strike of five trade unionists who were dismissed in June 1983 in support of their demand for reinstatement in CODELCO-Chile, the Committee notes that, after more than a month and a half of hunger strike, these trade unionists ended their fast on 15 November 1984. In this regard the Committee considers that any measure that might be taken to reinstate these five trade unionists in the undertaking CODELCO-Chile could only contribute positively to the harmonious development of labour relations, all the more so since, according to the complainant's allegation (which the Government has not refuted), the undertaking in question failed to comply with an agreement concluded as the result of an earlier hunger strike, which included the reinstatement of these trade unionists. The Committee requests the Government to take measures to reinstate these unionists, and to inform it of the action taken.