Definitive Report - Report No 6, 1953

Case No 43 (Chile) - Complaint date: 22-MAR-52 - Closed

A. Analysis of the Complaint

1. 584. The complainants allege that trade union rights have been infringed by the following measures:
   • (a) adoption of anti-union legislation ;
   • (b) declaration of a state of siege in the mining region.
2. 585. This complaint was transmitted to the I.L.O by the Economic and Social Council, at its 14th Session, and, so far as the first allegation is concerned, relates, as is explained below, to matters which came before the Committee at its meeting in May 1952. The second allegation, therefore, is the only one, which raises new matters for consideration by the Committee.

B. Analysis of the Reply

1. 586. In reply to the complainants' two allegations, the Chilean Government puts forward the following arguments:
   • (a) The only recently adopted law dealing with trade union organisation is the Law for the Permanent Defence of Democracy, the codified text of which was promulgated by Decree No. 5839 of 30 September 1948. This law was the subject of an earlier complaint by the W.F.T.U. The Governing Body of the I.L.O decided that case in favour of the Chilean Government.
   • (b) With regard to the second allegation, the Government states that in no region of the Republic has a state of siege been proclaimed by the present Government during its last six years of activity.

C. C. The Committee's conclusions

1. 587. The complainants have given no details in support of the allegation of the adoption of anti-union legislation. The Chilean Government states that the complaint apparently refers to the Law for the Permanent Defence of Democracy. In fact, promulgated in the form of a code in 1948, this text constitutes the most recent measure dealing with trade union rights.
2. 588. It will be remembered that the above law was the subject of Case No. 10, dealt with in the Committee's fourth report to the Governing Body. In this connection the Committee recommended the Governing Body:
   • (a) to decide that the complainants had not presented sufficient evidence to justify reference of the matter to the Fact-Finding and Conciliation Commission ;
   • (b) to suggest that the Chilean Government might wish to re-examine certain Articles of the Law for the Permanent Defence of Democracy, in particular Articles 29 and 37, with a view to determining whether any modifications of them are desirable in the light of the provisions of the Conventions concerning freedom of association and protection of the right to organise (1948), and concerning the right to organise and to bargain collectively (1949).
3. 589. At its 119th Session (May 1952), the Governing Body endorsed the Committee's recommendation.
4. 590. In the present complaint the W.F.T.U raises no new considerations. In these circumstances the Committee considers that there is no ground for re-examining the allegation relating to the Law for the Permanent Defence of Democracy, concerning which the Committee has already reached a decision.
5. 591. In view of the Chilean Government's categorical statement that no state of siege has been proclaimed in any region of the country during the last six years, the Committee is of the opinion that, in the absence of sufficient evidence being offered by the complainants, the second allegation does not call for further examination by the Governing Body.

The Committee's recommendations

1. 592. With regard to the case as a whole, therefore, the Committee recommends the Governing Body:
   • (i) to draw the attention of the Government of Chile once again to the suggestion contained in its fourth report and cited in paragraph 588 (b) above;
   • (ii) to decide that the case does not call for further examination.