Definitive Report - Report No 142, 1974

Case No 765 (Chile) - Complaint date: 17-SEP-73 - Closed

1. 222. The Committee examined the present case at its session in November 1973, when it submitted an interim report to the Governing Body found at paragraphs 553 to 568 of its 139th Report, which was adopted by the Governing Body at its 191st Session in November 1973. (See also paragraph 240 below.)
2. 223. Chile 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. A. The complainants' allegations

1. 224. It will be recalled that the allegations made by several trade union organisations concerned in particular the arrest of many trade union leaders and the dissolution, by the Government, of the Single Central Organisation of Chilean Workers (CUTCH).
2. 225. The complaint of the World Federation of Trade Unions is contained in a communication addressed to the ILO on 17 September 1973. The WFTU formulated new allegations in two subsequent communications dated 26 September and 4 October 1973. The complaint of the Trade Unions International of Workers of the Building, Wood and Building Materials Industries is contained in a communication dated 18 September 1973. The International Confederation of Free Trade Unions sent its complaint to the ILO in a communication dated 25 September 1973. The complaint of the Latin American Central of Workers is contained in three communications dated 13, 24 and 24 September 1973. This complaint was supported by the World Confederation of Labour. The International Metalworkers' Federation addressed its complaint to the ILO on 27 September 1973, and the complaint of the Trade Unions International of Food, Tobacco, Hotel and Allied Industries Workers is contained in a communication dated 27 September 1973. The Trade Unions International of Workers in Commerce forwarded its complaint in two communications dated 17 September and 1 October 1973. The Trade Unions International of Public and Allied Employees forwarded its complaint in two communications dated 17 September and 5 October 1973. The Miners' Trade Unions International sent its complaint in two communications dated 17 September and 3 October 1973. The complaints of the Trade Unions International of Textile, Clothing, Leather and Fur Workers, the Trade Unions International of Agricultural, Forestry and Plantation Workers and the Trade Unions International of Chemical, Oil and Allied Workers are contained in communications dated 5, 10 and 11 October 1973 respectively.
3. 226. In its communication of 17 September 1973, the World Federation of Trade Unions refers to the arrest of numerous trade union leaders, and expresses fear for the lives of Luis Figueroa, Rolando Calderón, Ernesto Vogel, Eduardo Rojas, Octavio González, Luis Guzmán, Fidelma Allende, Manuel Dinamarca, Mario Navarro, Aldo Romachiotti, Tucapel Jiménez, Jorge Godoy, Juan Ponce, Gilberto Garcia, in particular, all leaders of the Single Central Organisation of Chilean Workers, and of Jorge Espinoza, Roberto Prieto and Benedicto Cerqueira, of the Secretariat of the Permanent Congress of Trade Union Unity.
4. 227. In its communication dated 13 September 1973 the Latin American Central of workers (CLAT) asks that, faced with the situation in which Chilean workers at present find themselves and in order to save the lives of numerous workers, militants and trade union leaders, the ILO should send a mission to Chile. The CLAT states that the Government is infringing all the rights of the workers and their organisations and is organising a violent campaign of repression against them as well as against the Latin American trade unionists who have found refuge in Chile. It requests the ILO to intervene with the Chilean Government in order to re-establish trade union freedoms and rights. In a subsequent communication, dated 8 February 1974, the CLAT repeats its request that a mission be sent.
5. 228. In their respective communications, the Trade Unions International of Workers of the Building Wood and Building Materials Industries, the International Metalworkers' Federation, the Trade Unions International of Food, Tobacco, Hotel and Allied industries workers, the Trade Unions International of Workers in Commerce, the Trade Unions International of Public and Allied Employees, the Miners' Trade Unions International, the Trade Unions International of Textile, Clothing, Leather and Fur Workers, the Trade Unions International of Agricultural, Forestry and Plantation Workers, and the Trade Unions International of Chemical, Oil and Allied Workers allege that numerous trade union leaders have been imprisoned or are being actively sought by the military authorities and that trade union rights are being violated or that they have no news of several trade union leaders. These complainants request the ILO to intervene in order to free the trade union leaders and ensure the respect of trade union rights.
6. 229. In its second communication, dated 26 September 1973, the World Federation of Trade Unions states that it has been informed of the arrest of Roberto Prieto, a Uruguayan trade unionist, Secretary of the Permanent Congress of Trade Union Unity of Latin America and Vice-President of the Trade Unions International of Food, Tobacco and Allied Industries Workers and expresses its grave anxiety for the fate of Benedicto Cerqueira and Jorge Espinoza, leaders of the Permanent Congress of Trade Union Unity, of whom it has no news. The WFTU states in its letter of 4 October 1973 that the President of the Single Central Organisation of Chilean Workers, Luis Figueroa, is sought by the authorities, and adds that a reward of 500,000 escudos is offered to any person giving information of his whereabouts.
7. 230. In their respective communications, the International Confederation of Free Trade Unions, the International Metalworkers' Federation, the World Federation of Trade Unions, the Trade Unions International of Public and Allied Employees and the Trade Unions International of Textile, Clothing, Leather and Fur Workers condemn the dissolution of the Single Central Organisation of Chilean Workers by the Chilean Government. The Trade Unions International of Public and Allied Employees and the Trade Unions International of Textile, Clothing, Leather and Fur Workers state that their member organisations in Chile have been dissolved. The Trade Unions International of Chemical, Oil and Allied Workers indicates that the organisation affiliated with it in Chile has had its activities banned arbitrarily.
8. 231. An answer from the Government was received in November 1973, at a time when the Committee was already sitting.
9. 232. The Government's reply under which the change of political régime came about in Chile and the reasons for such a change. The Government states in particular that under the previous Government, state control of the economy was characterised by systematic persecution of workers and trade union leaders who did not share the Government's ideology. In the State-run undertakings, Marxist trade union leaders had become "informers" for the new management, serving interests contrary to those they pretended to represent. Legitimate strikes, such as that of the El Teniente miners, were repressed with unprecedented violence.
10. 233. As regards the allegations relating to the dissolution of the CUTCH, the Government notes that measures were taken to cancel the legal personality of the Single Central Organisation of Workers, because it had been proved to be a political instrument and not a union, and to serve interests contrary to those of the workers. Its unrepresentative character, its declaration of principles, in which it proposed the establishment of Marxist-Leninism in Chile, the gerrymandered election of its national executive to the detriment of the democratic majority, its constant perfidy to the workers' cause during the last three years, and its entire dependence on the state-employer, prejudicial to the interests of its members left no choice, the Government claims, but to cancel its legal existence. One fact in itself is alleged to demonstrate the total political dependence of the Single Central Organisation of Workers. The Act recognising its legal existence (Act No. 17594) provides in section 2 that social aims can under no circumstances be "connected with party politics or be electoral". Yet, the Government continues, this trade union organisation was of such a political nature and its activities controlled by the Government to such an extent, that of the four Labour Ministers who sat in Senior Allende's Cabinet, three were officers of the Single Central Organisation of Workers. Two of them exchanged the functions of minister of Labour and Social Affairs and of President of the Single Central Organisation of Workers.
11. 234. As regards the allegations relating to the imprisonment of trade union leaders, the Government states that no trade union leaders have been imprisoned or actively sought as has been stated to the ILO and that basic human rights have not been violated. The Government states that a few extremists were also union leaders and had engaged in acts of violence such as sabotage, illegal possession of weapons, armed resistance to police officers and illegal trafficking on the black market in goods often coming from the premises where they worked and that they must answer for such acts in a court of law like any criminal at any period in the history of Chile. All these persons are being tried by the courts in accordance with due legal process and the provisions that have been in force in Chile for many years. Some others have sought asylum in the embassies of foreign countries thus proving, according to the Government, their participation in criminal acts. The Government adds that the political circumstances of Chile are those of civil war, which forces it to adopt certain legal restrictions of a temporary and exceptional nature that will be repealed once peaceful civil conditions are re-established through the disarming of guerrilla forces and a one-man executive is elected freely and democratically. All collective bargaining has been suspended until December 1973.
12. 235. In an appendix the Government refers to the persons mentioned by name in the complaints and states that three of them, Luis Figueroa Mazuela, Fidelma Allende and Benedicto Cerqueira de Silva, are refugees in embassies and that one of them, Rolando Calderón, is detained on Dawson Island and that proceedings have been commenced against him. Further, the Government notes that none of the other persons mentioned in the complaint of the WFTU are being detained.
13. 236. The Government concludes by stating that the allegations submitted have not been proved by the complainants. It adds that there has been no anti-union persecution and that those imprisoned are being brought to justice in accordance with procedures established before the commission of the alleged offences. Finally, according to the Government, human rights have been respected at all times.
14. 237. The Committee experienced particular difficulty in dealing with this case because the Government's reply had reached it after the commencement of its session. In these circumstances it was not able to examine the substance of the issues placed before it nor could it reach any final conclusions. The Committee was perfectly aware of the serious situation which surrounded the case under its consideration. It pointed out in this respect that in cases where it considered complaints concerning alleged infringements of trade union rights committed under a state of emergency or a state of siege or under the terms of an internal security Act, it had always expressed the opinion that it was not competent to come to a decision on the need or the advisability of such legislation, which was a question purely political in character, but that it should consider the repercussions which such legislation might have on the free exercise of trade union rights.
15. 238. In these circumstances the Committee proposed to examine the case thoroughly at its next session, taking into account any new supplementary information which might be transmitted by either the complainants or the Government.
16. 239. As a preliminary measure, however, the Committee recommended the Governing Body at paragraph 568 of its 139th Report:
    • "(a) to express its concern at the gravity of the allegations posed in the various complaints with respect to which it has just received a reply from the Government;
    • "(b) without at present coming to a conclusion as to the substance of the complainants' allegations, to call the attention of the Government
    • (i) to the importance which it attaches to the generally accepted principle that employers' and workers' organisations should not be subject to suspension or dissolution by administrative authority;
    • (ii) to the importance which it attaches to the principle of a fair trial by an independent and impartial judiciary and if possible by the regular courts, in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions;
    • "(c) to request the Government to transmit any supplementary information which it may obtain on the latest developments concerning the situation of the several persons mentioned in the complaints about whom it has already supplied certain information; and
    • "(d) to take note of the present interim report, it being understood that the Committee will submit a new report to the Governing Body at its next session, taking into account any supplementary information which may be transmitted by either the complainants or the Government."
17. 240. The Governing Body approved these recommendations in considering the Committee's 139th Report at its 191st Session (November 1973), and instructed the Director-General to ask the Government of Chile whether, should the Governing Body decide to refer the complaint to the Fact-Finding and Conciliation Commission on Freedom of Association, the Government would be willing to agree to its being so referred. This was brought to the Government's notice in a communication dated 22 November 1973. The Government was requested to be good enough to take the necessary steps to ensure that the information requested in paragraph 568 of the 139th Report, together with its reply respecting the Fact-Finding and Conciliation Commission be sent as quickly as possible.
18. 241. Other complaints have been received since the Committee's session in November 1973 and have been transmitted to the Government upon receipt.
19. 242. The International Metalworkers' Federation, in support of its complaint, sent in two further communications, one dated 13 November and the other 6 December 1973. Five communications were received from the World Federation of Trade Unions - one dated 22 November, another two 23 November, and two more on 4 January and 8 February 1974. The Miners' Trade Unions International, the Latin American Federation of Workers of the Building, Wood and Building Materials Industries and thee World Confederation of Labour sent in communications dated 23 November, 10 December and 31 December 1973, respectively.
20. 243. In its two additional communications, the International Metalworkers' Federation urges that an immediate stop be put to breaches of Convention no. 98 committed by the Government of Chile. The complainants quote three enactments: Order 26, which abolishes the right to be absent on union business and the right to receive wages in respect of time required in order to appear on summons before the authorities, and suspends all submission of claims; Decree 32 repealing protection from dismissal for all those who were or might become leaders of strikes or work stoppages or who prevented or might prevent workers from working; Decree 43 suspending all agreements relating to wages, benefits and other remuneration and all automatic readjustment of pensions. The IMF encloses the text of these enactments in its letter of 6 December 1973.
21. 244. The World Federation of Trade Unions, in its communication dated 22 November 1973, declares that Lina Benitez, alias Lina Kleovan, leader of the Single Central Organisation of Chilean Workers, has been condemned to death.
22. 245. The WFTU, in its communication dated 23 November, vigorously protests against the execution of David Miranda, General Secretary of the Chilean Miners' Federation (shot on 19 October), and denounces the dismissals and arrests of strikers. The Miners' Trade Unions International, in its letter dated 23 November, declares that Miranda was shot with twenty-five companions, having been arrested immediately after the coup d'état and sentenced to five years' imprisonment. This organisation expresses the gravest misgivings about the fate of many leading figures in the Chilean Miners' Federation and Chilean Copper Miners' Confederation.
23. 246. The Latin-American Federation of Workers in the Building, Wood and Building Materials Industries, in its communication of 10 December 1973, says that its Chilean member-organisation, the Federation of the Building, Wood and Building Materials Industries, is unable to hold meetings and that most of its leaders are in custody.
24. 247. The World Confederation of Labour, in its letter dated 31 December, expresses keen apprehension at the continued widespread repression in Chile, entailing very serious breaches of trade union and human rights. There is no justification for maintaining a "state of civil war" in the opinion of the WCL. Political and trade union prisoners are not assured of the minimum guarantees of a fair trial or of being able to exercise properly their right to be defended in the normal way.
25. 248. The WCL goes on to say that public servants at all levels have had imposed on them a total ban on joining and taking an active part in trade unions. It also draws attention to the distressing situation of the trade union leaders who have sought refuge in foreign embassies in Santiago and to whom the authorities refuse to grant the safe-conducts without which they cannot leave. Finally, the WCL draws attention to the Government's intention to transform the labour movement into a tool of the régime through the establishment of trade unions dedicated to its support.
26. 249. In its letter of 28 January 1974 the WFTU alleges that the Chilean authorities have sacked trade union premises and abolished the rights of assembly, organisation, petition and strike. The WFTU appends to its communication a copy of Circular No. 243 from the minister of the Interior, which lays down that trade union meetings shall take place only after prior authorisation and in the presence of a member of the state police, and provides for the removal by administrative procedures of trade union leaders who are active in those parties which have been declared illegal.
27. 250. The WFTU submits a list of trade union officers said to have been executed. It names Iván Gordillo, leader in the Antofagasta branch of the CUTCH; Almonacid, secretary of the O'Higgins branch of the CUTCH; Héctor Rojo, Samuel Núñez, Armando Jiménez, Guillermo Alvarez, trade union leaders of the San Antonio stevedores; Isidoro Carrillo, Bernabé Cabrera, Vladimir Araneda, coal workers at Lots; Luis Valdivia and Luis Mamani, union officers at Calama; Ricardo García, a worker who was acting as head of the "Cobre-Sal" mine, and five union leaders of this undertaking; Héctor Martínez Molina, agricultural workers' leader; and Manuel Donoso, a professor and teachers' leader in Arica. The WFTU adds that Luís Norabuena, CUTCH leader, would seem to have died as a result of beating by the military. Danile Vergara, a trade union leader, allegedly died on Dawson Island as a result of torture. Further, the WFTU states that the following trade union leaders, who have sought refuge in embassies, have been refused safe-conducts; Luís Figueroa, Rolando Calderón (wounded within the confines of an embassy and at present in a military hospital), Jorge Godoy, Fidelma Allende, Mireya Baltra, Hernán del Canto, Eduardo Rojas and Luís Guzmán. According to the WFTU thousands of workers are incarcerated in prisons and concentration camps. It names Lina Benítez, member of the Santiago Provincial Committee of the CUTCH and Lucila Lortsch, a leader of the Chilean University Office Workers' Association. Finally the WFTU states that many workers, estimated at about 200,000 have lost their jobs because of their trade union activities. In a subsequent communication, dated 8 February 1974, the WFTU alleges that by reason of the strike of harbour workers in Puerto Montt, the trade union leader, Elpidio González was taken into custody and is to be tried by a military tribunal on charges of sabotage and incitement to strike.
28. 251. In a communication dated 4 December 1973, the Government comments on the WFTU's statement to the effect that Lina Benítez had been condemned to death. The Government denies the truth of this assertion, and states that Lina Benítez is in prison awaiting trial. In another communication, dated 14 December, the Government states that Rolando Calderón Aránguiz, formerly General Secretary of the Single Central Organisation of Chilean Workers, is neither in prison nor being tried; he is in fact a refugee in a foreign embassy.
29. 252. The Government has sent two new communications dated 8 and 11 February 1974. In the latter the Government replies in detail to the various allegations made by the complainants and sends a series of documents as evidence of its statements.
30. 253. The Government refers first of all to the situations of various persons mentioned in the complaints. Ernesto Vogel Ramírez and Aldo Ramaciotti Nolli declare that they have not been detained or interrogated by the new authorities. Tucapel Jiménez Alfaro states that he has not been disturbed either at home or at his work. Gilberto García Aravena says that he has been neither detained nor questioned about his activities in the CUTCH. Ernesto Vogel was Vice-President of the CUTCH and continues to be President of the Industrial Federation of Railways in Chile. Aldo Ramaciotti is a member of the Executive Council of the National Federation of Housing Workers. Tucapel Jiménez is a leader of the National Revenue Workers' Association and First Vice-President of the Interim Executive of the National Central Workers' Organisation, which was established in December 1973.
31. 254. The Government goes on in its report to refer to the following persons: Jorge Godoy, formerly Minister of Labour, has sought asylum in the Swedish Embassy; Rolando Calderón Aránguiz, in whose regard the Government mistakenly stated that he was in custody on Dawson Island, has sought asylum in the Cuban Embassy, now under the protection of the Government of Sweden. He was wounded by a shot fired at close range within the confines of the Embassy. After being treated in the Military Hospital, he re-entered the Swedish Embassy. Eduardo Rojas Cuellar has not been sought by the police and is in the Finnish Embassy. Luis Guzmán Robinson has taken refuge in the Embassy of Argentina and since gone to that country. Fidelma Allende Miranda is in the Finnish Embassy. Roberto Prieto, a Uruguayan national, took refuge in the Swedish Embassy, and subsequently after his expulsion from Chile, went to Sweden. Benedicto Cergueira da Silva, a Brazilian, sought asylum in the Embassy of Panama and then went to that country. Lina Benítez alías Line Kleovan was detained for supposed criminal acts and then set free. Manuel Dinamarca Figueroa has been neither detained nor tried. Juan Ponce Ferrada has not been detained, having gone to Moscow on 28 June 1973. Patricio González Verdugo is entirely free. Luís Figueroa Mazuela is a refugee in the Swedish Embassy.
32. 255. The Government then refers to the situation of various trade union organisations mentioned in the complaints. The Government states that the Chilean Private Non-Manual Workers' Confederation, the Industrial Mining Federation, the Federation of the Building, Wood and Building Materials Industries, the Revenue Workers' Association, the National Association of Municipal Workers, the National Health Service Professional and Technical Staff Union, the National Federation of Health Workers, the National Federation of Textile Workers and the National Leather and Footwear Workers' Federation, have their own executives and are functioning. The Chilean Copper Miners' Confederation gave itself a new national executive in December 1973, on which the Communist, Socialist and Christian Democrat parties are represented. The "Ranquil" National Federation of Agricultural and Indigenous Workers has legal personality and full capacity to act in law. As regards the Single National Union of Workers in Chemical and Pharmaceutical Laboratories and Related Branches (SUTRAL) the majority of organisers in this association have given up activities in it and the leaders of the unions which have formed the Single National Union are now attempting to revive the two existing federations of manual and non-manual laboratory workers.
33. 256. The Government replies to the allegation relating to the strike in the Santiago Underground and states that of the 150 workers dismissed, 143 were taken on again and 14 deprived of their jobs. Of the latter only one has appealed to the Courts.
34. 257. The Government goes on to refer to various allegations and charges concerning legislation enacted by the new authorities. The Government maintains that it is false to affirm that it has introduced the death penalty for the crime of going on strike. As regards the allegation concerning the increase in the working week by four hours (Decree No. 35), the Government points out that this Decree stipulates that a full working week of 48 hours cannot be exceeded except in the cases provided for by legislation already existing, which are similar to those provided for in the Hours of Work (Industry) Convention, 1919 (No. 1), of the ILO. In any case the Decree was in effect only until 31 December 1973. As regards order 26, which has been alleged to abolish the right to be absent from work for union affairs, the Government explains, quoting certain provisions of the Order, that employers are obliged to grant workers the leave necessary to carry out trade union functions outside the workplace, in accordance with the number of hours established in this text. It is up to the trade union organisation to make up the wages, etc., of the leaders who make use of this leave, unless by means of a collective agreement or contract it is provided that payment for this time is at the employer's cost. These provisions are temporary.
35. 258. As regards the allegation that Legislative Decree No. 32 has done away with protection for those who in the past have led or in the future will lead, illegal strikes or prevent workers from carrying out their duties, the Government quotes the provisions in question and asks whether it can be maintained that a worker who "commits illegal acts which have prevented or prevent other workers from carrying out their jobs, or leads illegal interruptions in work" is a worker who deserves to take continued advantage of his contract of employment.
36. 259. With respect to the allegation that Legislative Decree No. 43 has suspended the application of all collective agreements relating to wages, benefits and other remuneration, and all automatic readjustment of pensions, the Government states that this order was only an interim measure, caused by the serious inflationary processes and chaotic situation in industry and the failure of the national economy. The Order suspended provisions concerning automatic readjustments. Subsequently various means were enacted pursuant to which bonuses and advances on readjustments of salaries and pensions were granted, and the establishment of tripartite Committees to study and suggest general frameworks of salaries and working conditions was laid down.
37. 260. The Government goes on to refer to Order No. 36, issued only a few days after the fall of the previous Government, and points out that in this document reference was made only to the dismissal of saboteurs, delinquents, extremists and agitators, pursuant to the provisions of the law. The same document also ordered, owing to the emergency situation which prevailed in the country, the suspension of some agencies such as the Conciliation Board and the Labour Arbitration Courts. These measures have been gradually becoming inoperative. Trade union activities have been suspended only in so far as they concern collective agreements, arbitration awards and similar matters while everything else carries on. At present 6,677 trade union organisations are in existence, with nearly 34,000 leaders. The only organisation which has wound up its activities is the Single Central Workers' Organisation (CUTCH).
38. 261. The Government also makes reference to the allegation concerning the prohibition of the right of assembly. In this regard it quotes provisions of the Internal State Security Act and the Constitution of the State, which authorise in exceptional cases the restriction of certain civil rights, including the right of assembly. The Government also quotes Legislative Decree No. 198 of 10 December 1973, which is of an interim nature and permits only trade union meetings of an informative character or concerning the internal management of the organisations. The Government adds that these measures are becoming less rigidly applied and that in recent, weeks a number of meetings have taken place at which trade union problems have been discussed.
39. 262. The Government puts forward a series of comments concerning the conclusions and recommendations contained in the Committee's 139th Report. In the first place, as regards the dissolution of the CUTCH, the Government repeats the reasoning advanced in its first reply and then analyses the Act by which this and other trade union organisations had been granted legal personality. After stating its legal arguments, the Government points out that the object of this Act (No. 17594) was to grant legal personality only to this particular central trade union organisation, implicitly prohibiting the possible existence of any other central organisation. In this way, the Government states, Convention No. 87 and the Constitutional Reform Act of 1970 were violated. The Government goes on to say that, once it is shown how the CUTCH obtained its legal personality through legislation to enter the service of a particular government, further legislation can legitimately dissolve its legal personality if the succeeding government has no need of this sort of political tool. The unions belonging to the CUTCH can form another Confederation. Several Confederations have already been formed since 11 September 1973. Nevertheless it will not be possible to form again a trade union organisation whose legal personality is granted by law.
40. 263. As regards the principle expressed by the Governing Body according to which there should be a fair trial by an independent and impartial judiciary and if possible by the regular courts in all cases, including cases in which trade unionists are charged with political or criminal offences, the Government states that the legal traditions of the country will not be violated by the present Government. Chileans and non-Chileans alike have always been tried according to the legislation in force at the time of the commission of the offence and by courts already in existence at that time. The Code of Military Justice, which is being applied in certain cases, has been in force since 1926 and in its present form since 1948. The Code of Criminal Procedure, which is applied in other cases, has been in force for over 50 years and the Courts of Justice have been active for 150 years. The Government gives the example of three persons who were closely involved with the previous Government and who are being tried in the ordinary courts of law for their offences.
41. 264. Finally the Government states that it has disproved all the allegations and it requests that the complainants put forward be dismissed.
42. 265. In its communication of 8 February 1974 the Government refers to the question put to it by the Governing Body, "whether, should the Governing Body decide to refer the complaint to the Fact-Finding and Conciliation Commission on Freedom of Association, the Government would be willing to agree to its being so referred".
43. 266. In reply to this question, the Government is of the opinion that in the hypothetical case where the Committee on Freedom of Association advised, and the Governing Body reached, the conclusion that it would be appropriate to refer the matter to the abovementioned Fact-Finding and Conciliation Commission, the Government would be able to reach an appropriate and precise decision on a concrete basis regarding its willingness to accept the referring of the matter only after examining, in the light of the corresponding report of the Committee and of any decision which the Governing Body may teach, the grounds in support of such a move and after analysing the application of the rules of procedure proper to the case.
44. 267. Just before the meeting of the Committee the International Confederation of Free Trade Unions presented a new communication dated 15 February 1974. This communication describes the Chilean institutional order and the methods adopted by the authorities since 11 September 1973, particularly as regards the unions, their functioning their dissolution, the situation of trade union leaders and other matters relating to civil rights. Two other communications were forwarded by the Trade Unions International of Chemical, Oil and Allied Workers on 12 February 1974, and received on 15 February. These contain allegations which refer in particular to the deaths and imprisonment of officers of the Single National Union of Workers in Chemical and Pharmaceutical Laboratories and Related Branches (SUTRAL) and the Single Union of Workers in Plastics (SUTRAP). These three communications have not as yet been either transmitted to the Government or examined by the Committee. Further, on 15 February 1974 the World Confederation of Labour also sent in a communication requesting that a commission of inquiry be sent to Chile.

B. B. The Committee's conclusions

1. 268. The Committee notes with interest the detailed information forwarded by the Government concerning various allegations made in the complaints, and in particular the situations of a number of union leaders and trade union organisations and the various legal texts enacted by the Government. It appears from this information that several of these leaders are at liberty, while others have sought asylum in embassies or have left the country, although it does not show why they have sought asylum, whether charges have been laid against them or whether there is any reason why they should not obtain a safe conduct. As regards the various trade union organisations mentioned by the Government, the information received does not show when and under what circumstances a number of them elected their executive Committees. In this connection it should be noted that Circular No. 243 of the Ministry of the Interior provides that trade union meetings can be held only with prior authorisation and in the presence of a member of the state police, that the mayor or governor is empowered to decide whether trade union Committees should resign, in whole or in part, that he may accept or refuse persons proposed to them by the organisations concerned, and that the Ministry of Labour will propose the means by which executive Committees which are active in outlawed political parties are to be replaced. Further, the Government has still not sent its observations concerning the shooting and death of various members and leaders of trade unions: David Miranda, Iván Gordillo, Almonacid, Héctor Rojo, Samuel Núñez, Armando Jiménez, Guillermo Alvarez, Isidoro Carrillo, Bernabé Cabrera, Vladimir Araneda, Luis Valdivia, Luis Mamani, Ricardo Garcia and five union leaders of the Cobre-Sal mine, Héctor Martinez Molina, Manuel Donoso, Luis Norabuena and Danile Vergara. Other names figure in a communication just received.
2. 269. The Committee notes from the information available that the facts relating to the events mentioned in the complaints are very complex. Moreover, the allegations made raise serious issues, such as the imprisonment, asylum, and even execution, of trade unionists, restrictions on the right to organise, the dissolution of trade union organisations and restrictions on their activities, issues concerning which conflicting versions exist. A large part of the Chilean trade union movement seems to be affected, and recently fresh complaints have been lodged.
3. 270. In these circumstances, it would be highly desirable to be able to proceed with an impartial and deeper examination of the situation, which raises important problems with regard to a number of basic principles of freedom of association. A body appropriate for carrying out this examination is the Fact-Finding and conciliation Commission on Freedom of Association. In this regard the Committee would like to refer, as it has already done in its Fourth Report, to the resolution concerning freedom of association adopted by the Fifth Conference of American States Members of the ILO (Petropolis, April 1952). This draws the attention of governments which may be concerned in any cases which the Governing Body may recommend for referral to the Fact-Finding Commission for examination to the desirability of having full regard, when considering whether or not they are prepared to give their consent to such referral, to the advantages of impartial and objective examination of such allegations by the Commission as a means of alleviating tensions arising out of such allegations.

The Committee's recommendations

1. 271. Consequently the Committee recommends the Governing Body:
   • (a) to decide to request the Government of Chile to give its consent to the case's being referred to the Fact-Finding and Conciliation Commission on Freedom of Association;
   • (b) should the Government consent, to request the Director-General to submit more detailed proposals to the Governing Body at its next session, for the reference of the matter to the Fact-Finding and Conciliation Commission.
     • Geneva, 22 February 1974 (Signed) Roberto AGO, Chairman.