Interim Report - REPORT_NO211, November 1981

CASE_NUMBER 844 (El Salvador) - COMPLAINT_DATE: 21-FEB-76 - Closed

403. Since 1976, numerous complaints concerning alleged violations of freedom of association in El Salvador have been presented to the Committee 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 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 Latin American Workers (CPUSTAL).

1. 403. Since 1976, numerous complaints concerning alleged violations of freedom of association in El Salvador have been presented to the Committee 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 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 Latin American Workers (CPUSTAL).
2. 404. The complaints submitted to the Committee include allegations referring to the Assassination, arrest, torture or disappearance of trade union officials and workers, attacks on trade union premises by the armed forces, threats and the destruction of trade union files. The contents of the complaints were successively transmitted to the Government as they were received.
3. 405. The Committee has examined Cases Nos. 844, 873, 904 and 953 at previous meetings and has presented interim reports to the Governing Body.

A. Urgent appeals and Conference contacts by the Chairman of the Committee with the representatives of the Government of El Salvador

1. 406. At its session in May 1980, the Committee decided to adjourn its examination of Cases Nos. 844, 873 and 904 since it had not yet received the detailed information which had been requested from the Government. At its session of November 1980, the Committee once again adjourned its examination of these cases for the same reason and included them in its report under the heading "Urgent appeals". At its February 1981 session, the Committee also included Cases Nos. 953, 1000 and 1016 under the same heading "Urgent appeals" since the Government had failed to provide any detailed information. While noting with concern the troubled situation in El Salvador, the Committee pointed out to the Government that in accordance with the procedural rules currently in force, it could present a report on the substance of the cases pending even if the Government's observations had not been received.
2. 407. Given the extremely serious nature of most of the complaints, and since the Government had not provided sufficiently detailed information on the cases pending, the Committee decided at its May 1981 session to apply the procedure contained in paragraphs 23 and 24 of its 164th Report. In accordance with this procedure, the Government was immediately informed that the Chairman of the Committee would make contact, on behalf of the Committee, with representatives of the Government of El Salvador at the 67th Session of the International Labour Conference in order to draw attention to the various cases in question and discuss the reasons for the delay in the transmission of replies to the allegations contained in these various cases.
3. 408. In accordance with the decision adopted by the Committee at its session in May 1981, the Chairman met with the Minister of Labour and Social Security of El Salvador, Mr. Julio Alfredo Samayoa, on 10 June. The Chairman of the Committee explained the purpose of the meeting. The Minister of Labour stated that his Government's delay in replying to the Committee on the cases pending had been due to the unsettled situation through which his country had been passing for some time and that it was in no way the result of any lack of co-operation by his Government with the ILO and in particular with its supervisory bodies. He then transmitted a communication containing the observations of his Government on these cases, including annexes on Cases Nos. 873 and 904. The Minister added that he was prepared to provide any other information which the Committee on Freedom of Association considered necessary.
4. 409. Furthermore, the Government had already furnished certain comments on some of the allegations in communications dated 15, 19, 22 and 27 May 1981.
5. 410. El Salvador has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

B. Summary of the allegations

• (a) Allegations concerning attacks against the lives, persons and freedom of movement
  411. 411 As regards Case No. 844, the complainants alleged in their original communication that on 28 October 1977, workers of the El León factory who were preparing to organise a collection in support of a strike at the undertaking were attacked by the police and two of them lost their lives. Other allegations related to the arrest and torture on 16 December 1977 of 12 workers of the undertaking Quality Food de Centroamérica who were released the next day, and the arrest of 20 workers and disappearance of two trade union officials during an attack on the headquarters of two trade unions. According to the complainants, all these situations fitted into the general pattern since the passage of an anti-terrorist Act designed to legalise the repression of the workers. Furthermore, it was alleged that three trade union officials of the textile industry - José Guillermo Rivas González, Miguel Angel Solis and Orlando Platero - were assassinated on 2 and 12 September 1978 as a result of their trade union activities and that other officials were arrested.
  412. 412 The complainants had also alleged that a peasant militant, Francisco Girón Ramos, had been imprisoned on charges of slandering the authorities of Rosario de Mora, whereas according to the complainants the real cause of his detention was his militant trade union activities (Case No. 873).
  413. 413 As regards Case No. 904, the complainants alleged that the Government had launched a campaign of bloody persecution against agricultural workers and their organisations, resulting in the death, injury and arrest of many workers, including the assassination on 20 March 1978 of Tránsito Vásquez, a local leader of an agricultural organisation by members of the Nationalist Democratic Organisation (ORDEN), which the complainants allege is a para-military government organisation. In their communications of 4 April, 13 August and 25 September 1979, the complainants alleged that the workers of the unions of the undertakings Productos Nacionales S.A., La Pesca S.A., La Constancia S.A., Embotelladora Tropical and STECEL were harshly repressed by the Government because they had demanded collective labour contracts; as a result, seven leaders and militants of these unions had been killed and a number injured. A list of 24 primary school teachers allegedly murdered with "the complicity of the education authorities of the country" was also provided; in addition to mentioning the full names of the teachers, the list indicated their trade union activities or their relationship with the trade union organisations, their place of work and the data, place and circumstances of their deaths.
  414. 414 Other allegations concerned the death of Toads Rosales, a leader of the workers' union Granja Santa Inés, during clashes which took place with the armed forces on 24 June 1980 and in which four other trade unionists were injured (Case No. 953). The complainants had pointed out that the armed forces had intervened at the request of the management of the undertaking El Granjero S.A. and had attacked rural workers who had gone on strike in support of a number of wage claims.
  415. 415 As regards Case No. 973, the complainants allege that José Santos Tiznado and Pedro González - leaders of the Salvadorian Peasants' Central - were dragged from their homes in the Jesús suburb of the San Ramón municipality, in the Department of Cuscatlán, at 12 midnight on 10 May 1980 by uniformed members of the National Guard and subsequently assassinated. The complainants also allege that Manuel Antonio Carrillo and Jossé Antonio Carrillo, former leaders of the Salvadorian Peasants' Central and members of the El Rosario Agricultural and Consumers' Co-operative Ltd. were also assassinated by members of repressive forces, and based their allegations on the calibre of the bullets found near the dead bodies. The complainants explain that Manuel Antonio Carrillo had already received anonymous threats as well as threats from ORDEN", and although the authorities had been duly informed, no protection was afforded the worker, who was assassinated at his own home on 3 June 1980. The perpetrators of- the act immediately proceeded to the house of José Antonio Carrillo, whom they dragged out and brutally and callously assassinated. The complainants also allege that on 17 December 1980, the National Guard suddenly drove into the town of Cojutepeque and cowardly assassinated eight peasant leaders of the Salvadorian Peasants' Central who were participating through their base organisations in plans for agrarian reform. These leaders were: Torcuato González, Ruperto Méndez, Antonio Ayala, Jesús López, Pablo Gabriel, Antonio Franco, Eustaquio Ayala and Angela López. The complainants also include a list of workers and peasants who were assassinated, many during the exercise of their trade union activities, and who were members of the Salvadorian Workers' Central (CTS) and the Salvadorian Peasants' Central (CCS). Furthermore, the complainants allege that on 17 December 1980, five peasant leaders of the CCS were attacked and seriously wounded by guerrillas of the extreme left on the Guajayo estate in the Department of San Vicente.
  416. 416 The complainants also point out that 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, was subsequently arrested by the Hacienda police, and that his present whereabouts are unknown. The complainants state that on 30 May 1980, José Félix Minero and two other members of the National Association of Workers of the Ministry of Agriculture and Cattle Farming were arrested by uniformed members of the Hacienda police in Santa Cruz Porrillo. José Félix Minero was shot in full view of his companions.
  417. 417 The Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL) alleges that, on 31 July 1980, the national police arrested Enrique Tejada, Antonio Campos Mendoza, Salomón Sánchez Márquez, Vicente Aguirre, Melitón Sánchez, Antonio Fuentes and Maximiliano Castro, members of the Executive Committee of the National Union of workers in the Transport and Allied Industries, during a discussion of a list of claims in the premises of the undertaking Buses Ruta Urbanos 5-28. The complainants point out that the present whereabouts of these persons are unknown (Case No. 987).
  418. 418 CPUSTAL also alleges that Concepción Burgos (of the CUTS), Héctor Bernabé Recinos (of FENASTRAS), Arnulfo Granada, Alfredo Represa and Jorge Hernández were also arrested and that their present whereabouts are known (Case No. 1000).
  419. 419 As regards Case No. 1016, the International Confederation of Free Trade Unions (ICFTU) alleges that Rodolfo Viera, Secretary-General of the Salvadorean Communal Union, and Mark Pearlman and Michael Hammer - officials of the AFL-CIO - were assassinated on 3 January 1981 while they were drinking coffee in the restaurant of the Hotel Sheraton in San Salvador. According to this complainant, these persons, who were preparing a study on the agrarian reform programme, were assassinated by three individuals, two of whom were armed and who were able to act without let or hindrance whereas normally the Hotel Sheraton is kept under police protection. It is therefore significant that no such protection was provided on the day on which the assassination occurred. The complainant goes on to say that, given the circumstances in which the events occurred, there would appear to be serious grounds for supposing that there was complicity between the perpetrators of the crime and the Government.
• (b) other allegations
  420. 420 The complainants also alleged that Jorge Alberto Casillo Muñoz, Héctor Cercamo Gómez, Juan Pablo Portillo, Jorge Alberto Esquivel and Carlos Antonio Tejada, trade union leaders of the Federation of Onions of workers in the Construction, Transport and Allied Industries (FESINCONSTRANS) were threatened by members of the National Guard of El Salvador on 23 February 1980 while they were upholding wage claims made by the workers. The complainants added that, on 27 February 1980, the armed forces broke into the premises of FESINCONSTRANS at San Miguel, threatened the trade unionists, Zozimo Mercado and Antonio Arias Gonzales, and destroyed the trade union files (Case No. 953).
  421. 421 In a communication dated 21 April 1981, the WCL alleged that trade union leaders and activists of the Salvadorean Peasants' Central and the Salvadorean Workers' Central had recently been threatened by para-military groups of the extreme right and by members of the National Guard and Hacienda police, as well as by guerrillas of the extreme left, particularly in the departments of Cuscatlán, San Vicente and Rosario de Mora (Case No. 973).

C. The Government's observations

1. 422. The Government states that, the Act which was applied to the case of the "El León" factory (Case No. 844) - in which an attack by the police led to the death of two persons - has since been repealed. The Government adds that the investigations which were supposedly ordered by the Government in power at that time did not, for reasons which are unknown, produce any results. The Government states that it considers itself free of any responsibility since the matter concerns acts allegedly committed by the previous Government, with which it has no link of continuity. However, the Government points out that a new inquiry is now being undertaken to clarify the matter, the results of which will be communicated to the Committee.
2. 423. As regards the imprisonment of the trade union leader Francisco Girón Ramos (Case No. 673), the Government states that he was indicted on a charge of destroying genuine documents and that there was never any allegation that there had been an infringement of freedom of association. The Government adds that Grancisco Girón has been free since 1977, when the judge ruled that he should be released on bail, although it was not known why a final judgement had not been pronounced at that time. A recommendation has thus been made for a decision be issued as soon as possible and the Committee will be informed accordingly.
3. 424. As regards the allegations concerning workers who were killed, wounded and arrested (Case No. 904), the Government stated that the acts of violence to which reference had been made probably took place before 15 October 1979 and that one of the reasons why the previous regime had been deposed was precisely because of the repeated protests against violations of human rights and freedom of association which the Revolutionary Junta was endeavouring to end by all available means. More recently, the Government has declared that a major programme of agrarian reform is currently under way, the socio-economic consequences of which will ensure that the events involved in the present case cannot recur. As regards the death of Tránsito Vásquez, the Government explained that, under a court decision issued on 16 March 1979, a stay of proceedings was granted concerning the charge relating to wilful homicide and the release was ordered of Máximo Garcia López, Josh Felipe Garcia Vásquez and Sarbelo Garcia Ramirez. The Government adds that the accused had admitted they were members of the Federation of Catholic Peasants of El Salvador (FECCAS) and the Onion of Field Labourers (UTC) and not the Nationalist Democratic Organisation (ORDEN), as had been stated by the complainants.
4. 425. As regards the observations made in connection with Case No. 953, the Government states that, on 24 June 1980, after a work stoppage had been declared in the "El Granjero S.A." undertaking, forces of the Army intervened in order to eject the picketers who had threatened to damage plant equipment. The Government adds that terrorist elements had infiltrated into these groups.
5. 426. As regards Case No. 973, the Government states that it has requested the collaboration of the Ministry of Labour and the Public Prosecutor's Office of the Republic so that appropriate investigations may be made into the events of 17 December 1986, the results of which will be transmitted in due course. As regards the list supplied by the complainants of workers and peasants who had died, the Government states that their deaths were not the result of repressive action due to their trade union activities and obligations, but rather of the violence which continues to be generated by the extreme left and the extreme right and which, by drawing the armed forces into a purely defensive response, are plunging the country into a bloodbath which has been criticised and deplored by the true citizens of El Salvador.
6. 427. With regard to Case No. 1000, in which one of the complainants alleged that five trade unionists had been arrested, the Government states that the events in question were brought about by an illegal strike which bad been declared by the River Lempa Hydroelectric Company Workers' Trade Onion on 21 and 22 August 1980. The Government adds that the instigators of the strike violated the provisions of the Constitution by not following the procedure set forth in the Labour Code when they cut off without any advance notice the electricity service throughout the country, which seriously damaged the national economy (with losses exceeding 50 million colones) and caused the irreparable loss of human lives in hospitals and other medical centres. According to the Government, when the situation reached the point of posing a threat to the national security, since the service involved was one which was indispensable to the community, and as a result of the public outcry, the armed forces intervened in the plant without bloodshed and proceeded to arrest the principal leaders of the strike who - with the exception of those who were not considered to be responsible and who were subsequently released - are now being held in prison, where they are being treated correctly. The Government states that the prisoners are subject to the jurisdiction of military courts, which are now investigating their case in collaboration with their defence counsel.
7. 428. With regard to the assassination of Rodolfo Viera, Mark Pearlman and Michael Hammer (Case No. 1016), the Government stated that it had ordered the arrest of the wealthy right-wing businessmen Ricardo Sol Meza and Hans Christ; the latter is currently in Miami and proceedings are at present under way to seek his extradition. The Government adds that the Public Prosecutor has been especially instructed to appoint, on behalf of the State, representatives to take part in the trial being heard by the Fifth Criminal Court and these representatives have already participated in the investigations. The Government points out that Mr Viera was, in addition to being a member of the Salvadorean Communal Onion, a high official of the Government and was looked upon as one of the major proponents of agrarian reform, all of which constituted the motives for his assassination at the wretched hands of the extreme right and extreme left.
8. 429. Finally, as regards the allegations concerning the assassination of workers, trade union leaders and school teachers between 30 October 1978 and 25 September 1979 (Case No. 904) under the presidency of General Carlos Humberto Romero, the Government states that it does not know why the corresponding investigations did not produce any results, if indeed such investigations took place. The Government adds, however, that in order to demonstrate clearly and sincerely that the present rulers of El Salvador are free of any links or compromises with the past, an investigation will be conducted into these deplorable events, the results of which will be transmitted to the Committee as soon as possible.

D. Conclusions of the Committee

1. 430. Before considering the substance of the various matters raised by the complainants, the Committee would like to express its deep concern at the serious nature of the allegations, most of which refer to the death, assassination, arrest or disappearance of trade unionists and trade union leaders, which have continued to occur even after 15 October 1979, the date on which the former Government was deposed. While noting the troubled situation which is facing the authorities in El Salvador, the Committee must draw the attention of the Government to the fact that a free and independent trade union movement can develop only in a climate of respect for fundamental human rights, and to the Resolution concerning Trade Onion Rights and their relation to civil liberties adopted by the International Labour Conference in 1970, which states in particular that the concept of trade union rights is totally meaningless in the absence of civil liberties and that the rights conferred on workers' and employers' organisations must be baled on respect for civil liberties.
2. 431. The Committee also deplores the fact that in spite of the time which has elapsed, the Government in its observations has still not replied to all the allegations or has done so only incompletely in some of the cases.
3. 432. The Committee notes that the Government considers itself free of any responsibility for the events which allegedly occurred before 15 October 1979. In this connection, the Committee considers, as it already pointed out at its session in February 1980, that there exists a link of continuity between successive governments in the same State and that although a government cannot be held responsible for events which took place under a preceding one, it has a clear responsibility for any consequences which those events might have produced since its accession to power. This principle is particularly applicable as regards the clarification of events which have led to the loss of human lives or the detention of trade unionists who are still being held in prison.
4. 433. As regards the allegations concerning the attacks on the lives or persons of trade unionists or trade union leaders, the Committee cannot but deplore the loss of numerous lives and the injuries mentioned in the complaints. The Committee notes the Government's statement that investigations are now under way concerning the events referred to in Cases Nos. 844, 973 and 1016 and, more generally, into the assassinations which allegedly took place between 30 October 1978 and 25 December 1979 (Case No. 904) concerning which the Government states that an investigation is being ordered, the results of which will be transmitted to the Committee. However, since the Government has not provided information on the death of the trade union leader Tombs Rosales (Case No. 953) or the injuries to which reference is made in Cases Nos. 904 and 953 and some of the assassinations referred to in Case No. 973, the Committee requests the Government to undertake as soon as possible - if it has not already done so - an independent judicial inquiry into these allegations with a view to elucidating the facts in full, determining responsibilities and punishing the guilty parties, and to keep the Committee informed of the results as and when available, of these investigations and those currently under way. The Committee is also of the view that special measures should be taken with a view to guaranteeing the personal security of those persons who are more directly involved in the trade union movement.
5. 434. As regards trade union leaders and workers who have been arrested or who have disappeared, the Committee notes that Francisco Girón Ramos has now been set free and that in principle a decision will be issued on his possible guilt on the charge of destroying authentic documents, which will be communicated to the Committee. The Committee also notes that the arrests referred to in Case No. 1000 were the result of an illegal strike in the Rio Lempa Hydroelectric Company which led to the irreparable loss of human lives in hospitals and other medical centres. However, the Committee notes that the Government has not specified the reasons or circumstances which led to the arrest of the trade union leader Rafael Hernández Olivo, whose present whereabouts are unknown, the arrest of the two members of the National Association of Workers of the Ministry of Agriculture who accompanied José Félix Minero on 30 May 1960 when the latter was assassinated (Case No. 973) and that of trade union leaders Enrique Tejada, Antonio Campos Mendoza, Salomón Sánchez Márquez, Vicente Aguirre, Melitón Sánchez, Antonio Fuentes and Maximiliano Castro who, according to the complainants, were arrested as they were discussing a list of demands in the premises of the Buses Ruta Urbanos 5-28 undertaking and whose present whereabouts are unknown (Case No. 987). In this respect, since no information is available on the present situation of the persons mentioned above, and in particular as to whether proceedings have been instigated against them, the Committee cannot but recall 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, and point out that the arrest of trade unionists against whom no grounds for conviction are subsequently found may involve the restriction of trade union rights and a serious interference with trade union activities. The Committee requests the Government to indicate the motives and circumstances which led to the arrests of the above-mentioned persons and to furnish information on their present situation. More generally, the Committee considers that a contribution would be made towards normalising the trade union situation and labour relations - a necessary objective within 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 to whom the complainants refer, with a view to freeing those who may have been arrested for trade union reasons.
6. 435. Furthermore, the Committee observes that the Government has not replied to the allegations concerning the threats made against trade unionists and trade union leaders (Cases Nos. 953 and 973), the attack by the armed forces on the premises of FESINCONSTRANS and the destruction of the files of this trade union organisation. The Committee requests the Government to furnish its observations on these matters.

The Committee's recommendations

• Recommendations of the Committee
  436. 436 In these circumstances, the Committee recommends the Governing Body to adopt the present interim report and, in particular, the following conclusions:
• The Committee expresses its deep concern at the serious nature of the allegations and observes that acts of a similar nature have continued to occur even after 15 October 1979, when the previous Government was deposed.
• The Committee draws the attention of the Government to the fact that an independent and free trade union movement can develop only in a climate of respect for basic human rights, and to the Resolution concerning Trade Onion Rights and their relation to Civil Liberties, which was adopted by the International Labour Conference in 1970.
• The Committee deplores the fact that in spite of the time which has elapsed, the Government in its observations has not yet replied to all the allegations or has done so only incompletely in some of the cases.
• The Committee is of the view that there exists a link of continuity between successive governments in the same State and that although a government cannot be held responsible for events which took place under a preceding one, it has a clear responsibility for any consequences which those events might have produced since its accession to power.
• The Committee deplores the loss of many human lives and the injuries to which reference is made in the complaints and notes that investigations have been opened into some of the allegations. It requests the Government to undertake as soon as possible a judicial inquiry into those cases where investigations have not been opened and to inform the Committee of the results as these become available.
• The Committee also considers that special measures should be taken with a view to guaranteeing the personal security of those persons who are more directly involved in the trade union movement.
• The Committee requests the Government to indicate the motives and circumstances which led to the arrests of trade union leaders Rafael Hernández Olivo, Enrique Tejada, Antonio Campos Mendoza, Salomón Sánchez Márquez, Vicente Aguirre, Melitón Sánchez, Antonio Fuentes and Maximiliano Castro, and to provide information on their present situation. The Committee recalls that it should be the policy of every government to ensure observance of the right o€ all detained persons to receive a fair trial at the earliest possible moment and points out that the arrest of trade unionists against whom no grounds for conviction are subsequently found may involve the restriction of trade union rights and a serious interference with trade union activities.
• More generally, the Committee is of the view that a contribution would be made towards normalising the trade union situation and labour relations - a necessary objective within 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 to whom the complainants refer, with a view to freeing those who may have been arrested for trade union reasons.
• Finally, the Committee requests the Government to communicate its observations on those allegations to which it has not yet replied, namely threats made against trade unionists and trade union leaders, attack on the FESINCONSTRANS premises and destruction of the files of this trade union organisation.