Rapport intérimaire - Rapport No. 278, Juin 1991

Cas no 1478 (Pérou) - Date de la plainte: 09-NOV. -88 - Clos

1. 210. The Committee has examined these cases on several occasions, most recently at its May 1990 meeting, when it presented an interim report to the Governing Body. (See 272nd Report of the Committee, paras. 344-354, approved by the Governing Body at its 246th Session (May-June 1990).) The Government sent new observations in a communication of 12 February 1991.
2. 211. Peru has ratified 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. Previous examination of the cases

1. 212. When it examined these cases at its meeting in May 1990, the Committee formulated the following recommendations on the outstanding allegations (See 272nd Report, para. 354.):
   • (a)as regards the violent death of trade unionists Saúl Cantoral and Consuelo García, the Committee again expresses its deep concern over the seriousness of these allegations and requests the Government to keep it informed of any developments in the corresponding judicial inquiries;
   • (b)as regards the murder of 88 striking peasants in February 1989, the Committee expresses its profound concern at the gravity of these events and asks the Government to provide urgently its observations on this aspect of the case and in particular on the supplementary information communicated by the WFTU;
   • (c)as regards the disappearance of trade union leader Javier Antonio Alarcón Guzmán in the Department of Junín in mid-December 1989, the Committee requests the Government to send, as soon as possible, its observations in this connection, and to state whether investigations have been undertaken to determine his whereabouts.
2. 213. The World Federation of Trade Unions (WFTU) had indicated that the murder of the 88 peasants occurred on 9 February 1989 in the city of Pucallpa (Department of Ucayali) during the course of a strike which had begun on 25 January. According to the WFTU, a group of some 3,000 peasants marching towards the Plaza de Armas was intercepted by national police forces who opened fire with machine guns. The WFTU had stated that on the previous day the peasants were preparing a meeting in the Plaza de Armas of this city to sign an agreement with the authorities in the hope of settling the major problems raised by the peasants (See 272nd Report, para. 347.).

B. The Government's reply

1. 214. In its communication of 12 February 1991, the Government states that the chief public prosecutor has been entrusted with the investigations into the death of trade union leaders Saúl Cantoral and Consuelo García, which took place on 13 February 1989, that those responsible for these murders have not been identified and that it is awaiting more detailed information, which it will forward to the Committee in due course.
2. 215. As regards the alleged murder of 88 peasants in the city of Pucallpa, the Government states that the version of the World Federation of Trade Unions is inaccurate. According to the Government, on 25 January 1989 the Ucayali Peasants' Federation, with a membership of some 10,000 persons, called an open-ended general strike in support of peasant's claims, requesting a fair price for their products and improvements in the ECASA and ENCI marketing systems, among others; subsequently, they adopted stronger measures by blockading the main roads entering the city of Pucallpa; on 4 February 1989, faced with growing threats to public order, members of the police force intervened in order to allow the movement of traffic and to disperse the crowd, through the use of teargas. The Government adds that on 9 February 1990, the Department's chief administrative officer received a request from the Ucayali Departmental Agrarian Federation (FECADU), requesting authorisation to conduct a march; this request was denied for reasons of security, as it was feared that it might otherwise be infiltrated by subversive elements who might seriously threaten the peace, and because the demands had been settled; nevertheless, beginning in the early hours of the day groups of peasants began to move towards the city centre and at 10 a.m., approximately 7,000 peasants armed with spades and molotov cocktails, refused to comply with police instructions to disperse. Instead they attacked the security forces who were then compelled to defend themselves. As a result, six civilians were killed and 27 injured; 12 members of the police were also injured and 220 persons were arrested. Subsequently the Pucallpa police brought complaints against Messrs. Angel H. Blanco, Galdos, Roldán Alegría Lozano, Julio Urquía Ramírez, Segundo Pérez Bartra, Luis A. Tuesta La Torre, Santiago Corcuera Loren and others, alleging that they were responsible for the crimes of terrorism against life, physical integrity and health, and against public property, security and the peace.

C. The Committee's conclusions

1. 216. In the first place, the Committee must emphasise the seriousness of the allegations concerning the death and disappearance of trade union leaders and trade unionists; it expresses its deep regret at these facts, and once again draws the Government's attention to the fact that a climate of violence leading to the murder or disappearance of trade union leaders and trade unionists represents a serious obstacle to the exercise of trade union rights, and that such actions call for strong measures on the part of the authorities.
2. 217. The Committee notes that, according to the Government's observations, judicial inquiries into the death of trade union leaders Saúl Cantoral and Consuelo García are in progress, and that the Government will keep the Committee informed in this connection. Nevertheless, the Committee expresses its concern over the fact that these events date back to February 1989, and that it has yet to receive information on the circumstances of these deaths and the failure to identify those responsible for them.
3. 218. Likewise, the Committee notes the Government's statements to the effect that the WFTU allegations concerning the murder of 88 peasants in Pucallpa on 9 February 1990 are inaccurate. According to the Government, even though their claims had been settled, some 7,000 peasants armed with spades and molotov cocktails who were participating in a demonstration which had been declared illegal, refused to comply with police instructions to disperse, and instead attacked the police, thus forcing it to intervene, and leading to the death of six civilians, the injury of an additional 27, as well as the injury of 12 police officers. The Committee notes the discrepancy between the WFTU's and the Government's versions of these allegations. It requests the Government to inform it whether judicial inquiries were carried out into the violent deaths and injuries of workers and, if so, to inform it of the outcome of these inquiries.
4. 219. Lastly, the Committee notes with regret that the Government has not provided information concerning the allegations of the disappearance of the teachers' trade union leader, Javier Antonio Alarcón Guzmán in the Department of Junín, in December 1989. The Committee urges the Government to send its observations in this connection, and in particular to state whether investigations have been opened to determine his whereabouts.

The Committee's recommendations

1. 220. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a)The Committee emphasises the seriousness of the allegations which refer to the death and disappearance of trade union leaders and trade unionists; it deeply deplores these events and again draws the Government's attention to the fact that a climate of violence leading to the death or disappearance of trade union leaders and trade unionists represents a serious obstacle to the exercise of trade union rights and that such actions call for strong measures on the part of the authorities.
   • (b)The Committee urges the Government rapidly to provide information concerning developments in and the outcome of investigations into the death of trade union leaders Saúl Cantoral and Consuelo García on 13 February 1989.
   • (c)The Committee requests the Government to indicate whether the violent deaths and injuries of workers which resulted from the peasants' demonstration in Pucallpa (Department of Ucayali) on 9 February 1990 have been the subject of a judicial inquiry and, if so, to communicate the outcome of the inquiry.
   • (d)The Committee urges the Government rapidly to provide information on the disappearance of the teachers' trade union leader Juan Antonio Alarcón Guzmán, in the Department of Junín in December 1989, and in particular to state whether an investigation to determine his whereabouts has been opened or is now in progress.