Visualizar en: Francés - Español
Allegations: The complainant organizations allege the murder of a trade union
official
- 159. The Committee last examined this case at its June 2024 meeting, when
it presented an interim report to the Governing Body [see 407th Report, paras 163–171,
approved by the Governing Body at its 356th Session (June 2024)].
- 160. The Government of El Salvador sent its observations in
communications of 12 September 2024 and 30 January 2026.
- 161. El Salvador has ratified the Freedom of Association and Protection
of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective
Bargaining Convention, 1949 (No. 98), the Workers’ Representatives Convention, 1971 (No.
135), and the Labour Relations (Public Service) Convention, 1978 (No. 151).
A. Previous examination of the case
A. Previous examination of the case- 162. At its meeting in June 2024, the Committee made the following
recommendations [see 407th Report, para. 171]:
- (a) The Committee,
deploring the absence of information on tangible progress towards the resolution of
the case more than 14 years since the murder, firmly urges the Government and all
the competent authorities to make, in a coordinated manner and as a matter of
urgency and priority, all the necessary efforts to expedite and conclude the
investigations under way in order to identify and punish as soon as possible both
the instigators and the perpetrators of the murder of Mr Victoriano Abel Vega, while
ensuring the protection of all witnesses who could be instrumental in the resolution
of the case. In this regard, the Committee once again urges the Government to take
all appropriate measures so that the competent authorities are provided with the
required human and financial resources and that they ensure that when conducting the
investigations, special attention is paid to exchanging appropriate information with
the complainant organizations in the present case with a view to clarifying whether
this crime is of an anti-union nature. The Committee requests the Government to
provide specific information on the concrete measures taken in this respect.
- (b) Firmly expecting to receive information that shows that tangible
progress has been made, the Committee is bound to reiterate its request to the
Government to keep it informed of any progress in the investigation and criminal
proceedings.
- (c) The Committee once again draws the Governing Body’s
attention to the serious and urgent nature of this case.
B. The Government’s reply
B. The Government’s reply- 163. In communications of 12 September 2024 and 30 January 2026, the
Government reports that: (i) the Attorney-General’s Office, in the context of the
investigation that it is conducting with regard to the murder of trade union official Mr
Victoriano Abel Vega, assigned the proceedings to the Elite Division against Organized
Crime of the National Civil Police; and (ii) the Ministry of Labour and Social Welfare
is continuously monitoring the progress in this investigation. The Government also
reiterates that, since this is a homicide case, the findings of the investigation are
subject to limited access by the parties, in accordance with the provisions of section
76 of the Code of Criminal Procedure. The Government states that it will report on the
details of the investigation once its conclusions are available
C. The Committee’s conclusions
C. The Committee’s conclusions- 164. The Committee recalls that, on numerous occasions, it has considered
this serious case, which refers to the murder, on 16 January 2010, of Mr Victoriano Abel
Vega, general secretary of the Union of Municipal Workers of Santa Ana (SITRAMSA), who,
according to the complainant organizations, had already received death threats for his
union activities.
- 165. The Committee recalls that, according to the information previously
provided by the Government, the Specialized Prosecutorial Unit for Extortion and
Organized Crime of the Attorney-General’s Office had reopened the investigation into
those accused of the crime of aggravated homicide against Mr Vega and that instructions
had been issued to the Central Investigations Division of the National Civil Police of
San Salvador to interview possible witnesses to the homicide and to take the respective
statements, and that the investigation in question was ongoing. In this regard, the
Committee notes that the Government states that: (i) the Attorney-General’s Office
assigned the proceedings to the Elite Division against Organized Crime of the National
Civil Police; and (ii) the Ministry of Labour and Social Welfare is continuously
monitoring the progress in the investigation, the findings of which are subject to
limited access by the parties, in accordance with the Code of Criminal Procedure.
- 166. The Committee duly notes the involvement of the Elite Division
against Organized Crime of the National Civil Police in the investigations. The
Committee deeply regrets, however, that despite more than 15 years having passed since
the murder of Mr Vega, no tangible progress has yet been made to identify and punish
those responsible for this serious crime. The Committee recalls once again that it is
important that all instances of violence against trade union members, whether these be
murders, disappearances or threats, are properly investigated. Furthermore, the mere
fact of initiating an investigation does not mark the end of the Government’s work;
rather, the Government must do all within its power to ensure that such investigations
lead to the identification and punishment of the perpetrators [see Compilation of
decisions of the Committee on Freedom of Association, sixth edition, 2018, para.
102].
- 167. In the light of the above and noting once again with concern that a
situation of impunity also persists in another case involving the murder of a leader of
a union from another municipality (see Case No. 3395, 412th Report of the Committee,
paras 237–247), the Committee firmly urges the Government and all the competent
authorities to make, in a coordinated manner and as a matter of urgency and priority,
all the necessary efforts to expedite and conclude the investigations under way in order
to identify and punish as soon as possible both the instigators and the perpetrators of
the murder of Mr Victoriano Abel Vega, while ensuring the protection of all witnesses
who could be instrumental in the resolution of the case. In particular, the Committee
urges the Government to take all appropriate measures so that the competent authorities,
including the Elite Division against Organized Crime of the National Civil Police, are
provided with the required human and financial resources and that they ensure that, when
conducting the investigations, special attention is paid to exchanging appropriate
information with the complainant organizations in the present case, to the extent
permitted by law, with a view to clarifying whether this crime is of an anti-union
nature. The Committee once again urges the Government to provide specific information on
the concrete measures taken in this respect. Firmly expecting to receive information as
soon as possible that shows that tangible progress has been made, the Committee once
again urges the Government to keep it informed of any progress in the investigation and
criminal proceedings.
The Committee’s recommendations
The Committee’s recommendations- 168. In the light of the foregoing conclusions, the Committee invites the
Governing Body to approve the following recommendations:
- (a) The Committee,
deeply deploring the absence of tangible progress towards the resolution of the case
despite more than 15 years having passed since the murder, firmly urges the
Government and all the competent authorities to make, in a coordinated manner and as
a matter of urgency and priority, all the necessary efforts to expedite and conclude
the investigations under way in order to identify and punish as soon as possible
both the instigators and the perpetrators of the murder of Mr Victoriano Abel Vega,
while ensuring the protection of all witnesses who could be instrumental in the
resolution of the case. In particular, the Committee urges the Government to take
all appropriate measures so that the competent authorities, including the Elite
Division against Organized Crime of the National Civil Police, are provided with the
required human and financial resources and that they ensure that, when conducting
the investigations, special attention is paid to exchanging appropriate information
with the complainant organizations in the present case, to the extent permitted by
law, with a view to clarifying whether this crime is of an anti-union nature. The
Committee once again urges the Government to provide specific information on the
concrete measures taken in this respect.
- (b) Firmly expecting to receive
information that shows that tangible progress has been made, the Committee once
again urges the Government to keep it informed of any progress in the investigation
and criminal proceedings.
- (c) The Committee once again draws the Governing
Body’s attention to the serious and urgent nature of this case.