Interim Report - REPORT_NO187, November 1978

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

411. The Committee last examined these cases in May 1978, when it submitted interim conclusions in paragraphs 144 to 166 of its 181st Report. This report was approved by the Governing Body at its 206th Session (2-3 June 1978).

1. 411. The Committee last examined these cases in May 1978, when it submitted interim conclusions in paragraphs 144 to 166 of its 181st Report. This report was approved by the Governing Body at its 206th Session (2-3 June 1978).
2. 412. The complaints were presented by 22 trade union organisations of El Salvador and by the Trade Unions International of Textile, Clothing, Leather and Fur Workers, the Trade Unions International of Food, Tobacco, Hotel and Allied Industries Workers, 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) and the Committee for Trade Union Unity of Workers of Central America and Panama (CUSCA), and, with respect to Case No. 904, the World Confederation of Labour (WCL) and the World Confederation of Agricultural Workers (WCAW). The Latin American Central of Workers (CLAT) also presented a complaint relating to the latter case by a communication of 31 July 1978.
3. 413. 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).

A. Last examination of the case by the Committee

1. 414. The allegations outstanding in Case No. 844 referred firstly to incidents which had occurred during a strike at the El Léon factory. According to the complaint (dated 28 October 1977) the workers who had been preparing to organise a collection in support of the strike had been attacked by the police and two of them had lost their lives.
2. 415. The complainants further alleged that the following trade union leaders had been tortured during their imprisonment in July 1975: Romeo Soto Crespo, Gilberto Ruiz Ponce, Miguel Rivera Valle, Rufino González Avelar, Teresa Francisca Maldonado (who subsequently disappeared) and Ricardo Erazo (arrested in January 1976). They also mentioned the disappearance, in January 1976, of Rafael Antonio Martinez, a member of the executive of the Leather Workers' Union.
3. 416. Other complaints referred to arrests. It was alleged that the firm "Lácteas Foremost" had helped to bring about the arrest of the following persons: José Napoleón Mina, Carlos Humberto González, officials of the employees' union of the company, arrested on 14 March 1977; José Mauricio Gómez, an official of the same union, arrested on 1 April; José Ricardo Martinez Flores, an official of the National Trade Union Federation of the Salvadorian Workers (FENASTRAS), arrested on 8 March; and Carlos Ernesto Marin Ayala, arrested on 18 May. Furthermore, Héctor Antonio Acevedo, an official of the union of the "Cosmos" undertaking, had been arrested at Santa Ana on 27 October 1977. According to the complainants the Government had promulgated an "anti-territorist Act" designed to legalise the repression of the workers. Thus, on 16 December 1977, 12 workers of the undertaking "Quality Food de Centro América" had been arrested and had been released the next day after being tortured. On 17 December the arrest had taken place of Rodolfo Hernández Rosales and Miguel Guzmán, officials of the workers' union of the "Alianza" undertaking, and Daniel García Guevara, an official of the workers' union of the "Famosa" undertaking.
4. 417. On 18 November 1977, the complainants alleged, the national guard had raided the premises of the Puerto El Triunfo Fish Industries Employees' Union and had arrested the following militants and officials: Alejandro Molina Lara, Julio C. Salazar, Oscar L. Chaves, Delia Cristina Hernández and Juan Francisco Alvarenga.
5. 418. As regards Case No. 904 the complainants stated that the Government had launched a campaign of bloody persecution against agricultural workers and their organisations, in particular against the Salvadorian Agricultural Workers' Federation, resulting in more than 30 killed and many wounded, in the towns of El Rodeo, La Esperanza, Tecoluco and San Pedro Perulupa. According to the complainant many agricultural workers' leaders had been arrested. On 20 March 1978, continued the complainant, Tránsito Vásquez, a local leader of FECCAS in the town of La Esperanza, had been murdered by members of the Nationalist Democratic Organisation (ORDEN), a paramilitary government organisation. His body had been found the next day, covered with wounds, and there were indications that he had been tortured. According to the complainants all the available information led to the assumption that the large-scale demonstrations by agricultural workers in the towns of Tecoluco, La Esperanza, Tenancingo, El Rodeo and San Pedro Perulupa, which were held in the following days, should be considered as a reaction of indignation at the murder and at the fact that a number of helicopters of the armed forces had fired on the crowd during the funeral of Tránsito Vásquez.
6. 419. The Government had not at that time sent its observations on the various allegations.
7. 420. In Case No. 844 certain complainants had pressed for the appointment of a commission or the dispatch of a representative of the Director-General for an on-the-spot study of the allegations made in the complaint. In Case No. 904, WCL requested that a commission should immediately be sent to examine the allegations, since it was of the opinion that neither fundamental human rights nor trade union rights were respected in El Salvador, where there were persecutions of trade unions in general and agricultural workers' unions in particular. As early as February 1978 the Committee had noted the gravity of the allegations made by the complainants (in Case No. 844). Following its recommendation the Governing Body had at that time expressed its deep concern at the acts committed against trade unions or their leaders which remained unexplained and their harmful implications for the functioning of trade union organisations and the development of industrial relations in the country. The subsequent complaint (Case No. 904) also contained extremely serious allegations in respect of many workers and trade unionists who were said to have been killed, injured or arrested.
8. 421. In these circumstances the Committee considered in May 1978 that resort should be had to the direct contacts procedure, under which a representative of the Director-General would be sent to the country for discussions with the public authorities and contacts with the workers' and employers' organisations, in order to determine the facts and study possible solutions. The representative of the Director-General would then submit his report to the Committee, which would be able to examine the allegations and formulate its own conclusions with better knowledge of the facts.
9. 422. On the recommendation of the Committee the Governing Body requested the Government to give its consent to a representative of the Director-General visiting El Salvador at an early date to examine the allegations made within the context of the direct contacts procedure.

B. Recent developments

1. 423. In a Letter of 23 June 1978 the Government states that self-styled peasant groups, calling themselves the "Federation of Catholic Peasants of EL Salvador" (FECCAS) and the "Union of Field Labourers" (UTC) have taken advantage of the freedom of expression enjoyed by the population to cake public statements on various occasions - for instance on 4 May 1978 in the newspaper La Crónica - that they form the basis of a clandestine organisation, the "People's Revolutionary Bloc" (BPR), to appeal to all workers to give their "organised and militant support to the people's cause" within the Revolutionary Council of Trade Unions (CSR) and to eliminate "tendencies opposing their class interests which can only mislead the proletariat and confuse their minds ...". These various groups, adds the Government, operate unlawfully, not only because they have not been granted legal personality by the State but also because they are propagating anarchist and anti-democratic doctrines prohibited by section 158 of the Constitution.
2. 424. In their issues of 27, 28 and 29 March 1978, continues the Government, national newspapers with wide readership ( a Prensa Gráfica, Diario de Hoy, Diario Latino and Diario el Mundo) reported that religious organisations of peasants such as the Bloc, Led by recognised agents of international communism, have progressed from political propaganda to purely criminal acts such as sacking, destroying and burning the humble homes of peasants who are unwilling to abide by their watchwords of hatred, violence and death; the Government is saddened by the pictures of many groups of families who have fled these attacks. Other citizens have been faced with the choice between joining the Bloc or suffering the consequences of its "militancy". The victims of such acts include 11 dead and many wounded; the newspapers have reported a number of atrocities committed by members of FECCAS, UTC and BPR, particularly on Tránsito Vásquez after they had killed him. Members of these groups injure people, tie them up and stone them, and travel around in gangs shouting threats over loud-speakers.
3. 425. Following instructions received from abroad, continues the Government, the enemies of El Salvador have set a characteristic pattern for internal strife by highly unconventional means ranging from sedition and subversion to smear campaigns abroad which disguise reality and present a false image of the country to friendly nations. The Government adds that it is not its intention to make a secret of social and economic problems, but that patriotic citizens are convinced that these problems must be solved with the participation of all sectors in the country, in a peaceful and orderly manner and with scrupulous respect for the Law. They oppose the class struggle which is being fomented in some quarters and the violence advocated by others. They are partisans of a humanist and democratic approach affording each individual the opportunity for self-development. The Government believes that the status of an individual is determined by his efforts, his capacities and his conduct and not by noble birth or inherited wealth. It seeks the welfare of all without prejudice to the rights of others, in the conviction that social equilibrium is to be found in mutual understanding of the rights and duties of each citizen. Peace cannot exist without justice, says the Government, but justice cannot exist without the maintenance of the peaceful climate which is a prerequisite for constructive work and without means of defence against subversive conspiracy; security is essential for the promotion of economic development, which brings social progress and justice in its train.
4. 426. The Government adds that the acts committed by elements of FECCAS, UTC and BPR are designated as offences within the competence of the penal court by the Act respecting the defence and maintenance of public order. The penal court has examined four files, from which it transpires that:
   • (a) the persons who were prosecuted acted in their capacity as members of FECCAS and UTC, both of which are members of the BPR, and were either the authors of the crimes or accessories thereto;
   • (b) the accused have appointed counsel for the defence, and steps have been taken to enable the counsel to intervene on their behalf;
   • (c) the accused, Máximo Garcia López, Jose Felipe Matías Vásquez and Sarbelio Garcia Ramirez, cite the names of Tranquilino Pérez, Faustino Vásquez and Marcelino Pérez, all members of the above-mentioned subversive organisations, as being responsible for the death of Tránsito Vásquez, having put him to death because he refused to take part in the crimes committed against the peasants of the townships of EL Rodeo, La Esperanza, Tecoluco and Miraflores in the circumscription of San Pedro Perulupa; these allegations were corroborated by the testimony of other persons who were present when the aforesaid accused made their extra-judicial statements; these witnesses are not members of the security forces and, when they questioned the accused as to whether their statements were spontaneous, they were told that this was the case;
   • (d) the persons involved took part in the attack on the Ministry of Labour and Social Welfare in November 1977.
     • The documents of the trial are available for consultation by persons who are duly authorised by the Law.
   • 427. The Government rejects allegations that it persecutes trade union organisations of all kinds. On the contrary, it points out that there are 184 trade unions with legal personality carrying on their activities in full freedom and quotes many other figures relating to trade union sections, federations and Confederations, collective Labour agreements, etc. The Government also indicates that the unions have been able to elect workers' representatives to the management board of the Social Security Institute of EL Salvador, the National Minimum Wage Council and the Social Housing Fund.
5. 428. Finally, the Government reaffirms its respect for individual rights, including freedom of association. It encourages the formation of trade unions and collective bargaining; it protects organisations in the exercise of their functions in accordance with the provisions of the Constitution. It does not, however, countenance any violation of the Law which may be under investigation by the competent authorities, since the independence of the authorities of the State in their respective legal capacities is respected in the country and their competence cannot be delegated to other bodies.
6. 429. In a telegram of 28 July 1978 the WCL and the WCAW allege that Pedro López, a member of the executive Committee of the Latin American Peasant Federation, has been arrested at Cojutepeque and that his whereabouts are unknown. CLAT refers to the same facts in its communication of 31 July 1978, adding that the person concerned is General Secretary of the Peasant Federation of El Salvador and a member of the national executive of the Confederation of Workers of El Salvador. He is said to have been arrested and beaten by the security forces on 21 July 1978.
7. 430. The Government has not yet replied to these various allegations.
8. 431. WCL and WCAW recently presented further allegations in a letter dated 9 October 1978. These allegations, which refer to the break-up of a union in an INCA undertaking, have been transmitted to the Government for observations.
9. 432. The Committee will examine at its next session, in the light of the reply received from the Government, the question of establishing direct contacts to clarify the issues raised in the present cases.

C. Conclusions of the Committee

1. 433. The Committee notes the information communicated by the Government. The latter replies partially to the serious allegations made, giving details only on the legal proceedings taken following the death of Tránsito Vásquez and on the identity of the presumed authors of the homicide. In this connection the Committee notes the contradictions between this information and the content of the complaints. It would like to receive a copy of the judgement to be given in this case and detailed information on all the other aspects of the cases.

The Committee's recommendations

1. 434. In these circumstances the Committee recommends the Governing Body:
   • (a) to note the reply of the Government as regards the trade union situation as a whole and as regards the particular case of Mr. Tránsito Vásquez;
   • (b) to request the Government to send its observations by 31 January 1979 at the latest on the situation of the trade unionists named in the Annex hereto and on the other aspects of the case referred to in paragraphs 414 to 418 and 431, and to communicate the judgement to be pronounced in the case concerning the death of Mr. Vásquez, with the reasons adduced therefor;
   • (c) to take note of the present interim report.

Z. ANNEX

• Recapitulatory list of trade unionists alleged by the complainants to have been victims of reprisals
• Héctor Antonio Acevedo
• Juan Francisco Alvarenga
• Oscar L. Chaves
• Ricardo Erazo
• Daniel Garcia Guevara
• José Mauricio Gómez
• Carlos Humberto González
• Rufino González Avelar
• Miguel Guzmán
• Delia Cristina Hernández
• Rodolfo Hernández Rosales
• Pedro López
• Teresa Francisca Maldonado
• Carlos Ernesto Marin Ayala
• José Ricardo Martínez Flores
• Rafael Antonio Martinez
• José Napoleón Mina
• Alejandro Molina Lara
• Miguel Rivera Valle
• Gilberto Ruiz Ponce
• Julio C. Salazar
• Romeo Soto Crespo