Interim Report - Report No 161, March 1977

Case No 823 (Chile) - Complaint date: 12-AUG-75 - Closed

1. 45. The Committee already examined this case in February and May 1976 and, at each of these sessions, submitted an interim report.
2. 46. The allegations made in the various complaints relate to the arrest or disappearance of serving or former trade union leaders, annulment of the legal personality of teachers' associations and the financing of agricultural trade union organisations.

A. A. The complainants' allegations

• Arrest or disappearance of serving or former trade union leaders
  47. 47 The complainants communicated the names of a large number of serving or former trade union leaders and workers who had been arrested. The Government supplied information on several of the persons mentioned by the complainants. It also stated on several occasions that nobody was nor had been arrested on account of his status as a trade unionist or his trade union activities, but for breaches of the law.
  48. 48 At its May 1976 Session, the Committee recommended the Governing Body:
      • (a) to note that a number of the arrested trade unionists had been released;
      • (b) to request the Government to supply detailed information as to the specific acts serving as grounds for the continued detention, or sentencing, of the trade unionists or former trade unionists mentioned in the complaints;
      • (c) to emphasise that, if the Government considered that the trade unionists in custody were guilty of offences, they should be brought before the courts for trial, and to request the Government to supply information in that respect.
  49. 49 Several complainant organisations have submitted further allegations concerning the arrest of trade union leaders. It was not possible to analyse all of these in time for the Committee's previous session and others have been received since that session: The Government, for its part, has supplied information on some of the persons mentioned in the complaints, by communications dated 26 May, 6 August, 29 September, 1, 18 and 27 October, 3, 4 and 8 November 1976.
  50. 50 A communication from the Chilean Federation of the Building, Wood and Building Materials Industries of Chile (FIEMC), dated 7 April 1976, was received through the United Nations. It is alleged in this letter that José Sagredo Pacheco, founder of the Santiago Carpenters' Union and former national leader of the FIEMC, was arrested in his home at dawn on 3 November 1975 and that his family has been without news of him since then. On 18 May 1976, the Trade Unions International of Workers of the Building, Wood and Building Materials Industries sent a letter relating to this same person.
  51. 51 On 14 April 1976, the WFTU sent a telegram protesting against the arrest of José Weibel, former leader of the San José hospital workers in Santiago, reported to have taken place on 29 March 1976. This person and his brother, Ricardo Weibel, are said to have disappeared since that date.
  52. 52 Another communication from the WFTU, dated 20 May 1976, concerns the arrest of Victor Diaz, former national leader of the CUT, and Bernardo Oraya Zuleta, former national secretary of the CUT, and the ill-treatment to which these persons are said to have been subjected.
  53. 53 A joint communication dated 4 June 1976 from the ICFTU and the WCL contains a list of persons whose lives are said to be in danger, supplemented by a second letter from the WCL of that same date. This latter includes, in addition to Victor Diaz, Bernardo Araya and José Sagredo, mentioned above, the names of Mario Zamorano Donoso, former leader of the Leather and Footwear Federation, Jaime Donato Avendaño, national leader of the electricity workers, Eloy Ramirez, President of the Press Workers' Federation, Manual Recabbaren Rojas, leader of the printing workers, and José Aguilera, worker leader of Catholic Action.
  54. 54 On 23 June 1976, the WCL sent a copy of a letter addressed to the President of the Republic of Chile. This letter refers to trade union leaders who, according to the WCL, although not accused of any offence, have been arrested under the state of emergency. Information identical to that given above was also communicated regarding José Sagredo Pacheco and Bernardo Araya Zuleta. Moreover, additional information was supplied regarding Jaime Donato Avendaño, already mentioned in the communication from the WCL, who is said to have been arrested on 4 May 1976 by the DINA and whose place of detention cannot be ascertained. The WCL also quotes the names of other trade unionists: Mario Navarro Castro, arrested on several occasions since the change in regime and who is said to be in Puchuncavi Camp; Oscar Castro Ramirez, in custody since 24 November 1974, and several members of his family, regarding whom it is said that no news is available; Patricio Rojas Lara, doctor, arrested on 13 June 1975; Enrique Gerding Kopp, journalist, arrested on two occasions and at present held at Puchuncavi.
  55. 55 On 23 August 1976, the WCL submitted a new list of arrested persons, including the names of trade unionists already mentioned in earlier communications and those of Domingo César Cerda Cuevas, former leader of indigenous peasants, and Luis Emilio Recabarren González, former trade union leader of the State Technical University. The WCL states that all the persons mentioned were arrested by the DINA without warrants, without their families being informed and without the administrative authorities admitting that the arrests had taken place. According to the WCL, the families are convinced, in the light of certain evidence, that these persons have been arrested. Legislative Decree No. 1009 regarding the protection of detainees is not applied because the arrests take place in the street to prevent the possibility of there being witnesses. The WCL claims that all legal procedures are without effect because the authorities reply that the person in question has not been arrested.
  56. 56 On 27 August 1976, the World Federation of Teachers' Unions (FISE) sent a letter in which it referred, amongst other persons, to Braulio Albarracin and Juan Gianelli, both teachers, and to worker leaders Vicente Atencio Cortés, Marta Lidia Ugarte and Nicomedes Toro Bravo, all arrested during August.
  57. 57 In the various communications which it has sent since the last session of the Committee, the Government states that certain of the persons mentioned in the complaints are at present in prison. These persons are:
      • - Oscar Castro Ramirez, who was arrested under the state security law for having indulged in subversive activities against state security in his capacity as an actively militant member of an illegal political party; on the other hand, no member of his family has been arrested. According to the Government, there is no information to support the claim that this person was performing the functions of trade union leader;
      • - Mario Alberto Navarro Castro, arrested on the same grounds as the above-mentioned person. According to the Government, he was not arrested on account of his functions as a communist party adviser within the CUT;
      • - Carlos Villalobos Sepúlveda, former socialist member of parliament, sentenced to a total of nine years and one day of prison for various illegal activities prejudicial to public order: incitement to subversive activities, insults to the President of the Republic, incitement to the destruction of public property, etc. According to the Government, he was not sentenced for the occasional trade union activities he performed.
  58. 58 The following persons had their sentences commuted to exile:
      • - Andrés Gómez Toledo, sentenced for the illegal importation of arms; sentence commuted to exile on 8 July 1976;
      • - Aldo René Mayor Olivos, sentenced to ten years' imprisonment; sentence commuted to exile on 13 January 1976. Left the country for France on 30 March 1976;
      • - Edgardo Vargas Alvarez, sentenced to three years' imprisonment; sentence commuted to exile on 4 March 1976.
  59. 59 The Government states that the following persons have been released:
      • - Hernán Biott Vidal, Pablo Jeria Rios and Eliecer Valencia Oyarzo, released on 7 May 1976;
      • - Adolfo Tomás Lara Cortés, Ramón Iván Nuñez Prieto, Luis Patricio Padilla Hermosilla and Luis Nibaldo Retamales Ortubia, released on 26 May 1976;
      • - Enrique Gerding Kopp and Patricio Rojas Lara, whom the Government states were released and who were reported by the Chilean press to have been released on 26 May 1976;
      • - Manuel Sergio Dinamarca Figueroa, who was held in Tres Alamos Camp from December 1975 under the state of emergency regulations and released on 11 September 1976. The Government states that he was not arrested on account of his activities as the Socialist Party adviser within the CUT;
      • - Oscar de la Fuente Muñoz, who was held for threatening state security as activist of an illegal political party, was released on 11 September 1976. The Government states that he was not arrested on account of his trade union activities and that he has resumed his functions within the Ranquil Confederation;
      • - Eloy Ramirez, who is on the list of persons released on 12 September 1976;
      • - Braulio Albarracin, released on 11 September 1976.
  60. The Government also states that the 205 persons arrested under the state of emergency regulations and set free on 11 September 1976 have been unconditionally released.
  60. 60 Regarding certain other persons, the Government states that they were not arrested and that it has no information regarding them. The persons in question are: Domingo César Cerda Cuevas, Victor Diaz López, Jaime Patricio Donato Avendaño, José Sagredo Pacheco, Vicente Atencio Cortés, Juan Gianelli, Marta Lidia Ugarte and Nicomedes Toro Bravo. The Government states that some of these persons held office in the Communist Party. Regarding Exequiel Ponce, the Government points out that the World Federation of Teachers' Unions recognises that he is in hiding, a fact for which the Government cannot be held responsible.
  61. 61 Finally, the Government points out that other persons have left or can leave the country. This is the case concerning:
      • - Bernardo Araya Zuleta, who left Chile on 7 April 1976, by the "Caracoles" mountain, for Argentina in an international transport vehicle (it had been alleged that he had been arrested on 2 April 1976);
      • - Mario Zamorano Donoso, who left the country on 13 May 1976, leaving from Pudahnel airport for Argentina (it had been alleged that he had been arrested on 6 May 1976);
      • - Maria Sara Montes Oyarzún, to whom safe conduct was granted while she was in hiding in the embassy of Venezuela. The Government states that it confirms the information already provided as regards this person, namely that she was not detained. The Government points out that this case constitutes, once again, proof that the information in the numerous complaints is false.
  62. 62 The Committee notes that several persons mentioned in the complaints, some of whom, according to the Government, are not trade unionists, have been released. The Committee also notes with interest that the releases announced on 11 September 1976 of persons held under the state of emergency regulations were unconditional. However, it notes that trade unionists were imprisoned, sometimes for fairly long periods, apparently without specific charges being brought against them. The Committee recalls in this connection that it has already pointed out to the Government that the arrest by the authorities of trade unionists regarding whom no grounds for conviction are subsequently found may seriously restrict freedom of association. The Government should therefore take steps to ensure that the authorities concerned receive proper instructions designed to eliminate the risk of unwarranted arrests.
  63. 63 It can also be seen from the information supplied by the Government that some of the persons mentioned by the complainants are still in custody without having been brought before the courts. The Committee considers that it is one of the fundamental rights of the individual that a detained person should be brought without delay before the appropriate judge, this right being recognised in such instruments as the International Covenant on Civil and Political Rights and the American Declaration of the Rights and Duties of Man. In the case of persons engaged in trade union activities, this is one of the civil liberties which should be ensured by the authorities in order to fully safeguard the exercise of trade union rights.
  64. 64 In addition, the Committee notes with regret that, despite repeated requests from the Governing Body, the Government does not mention the precise facts which led up to the arrest of certain persons under the state of emergency regulations.
  65. 65 The Committee also notes that, according to the Government, some of the persons referred to by the complainants have not been arrested and that no information is available regarding them. The Committee must nevertheless point out, regarding some of these persons, that it is aware of communications from close relatives containing details of the circumstances in which they are said to have been arrested. The texts of these documents were sent to the Government so that it could submit its comments on them. These communications concern Jaime Patricio Donato Avendaño, Victor Manuel Diaz Lopez and Hector Manuel Contreras Rojas. It is stated in one of these communications that these arrests were illegal, particularly as they were carried out without warrants and without the families being notified. In its communication of 18 October 1976 the Government refers to the information already supplied by it concerning these persons.
  66. 66 In addition, the Committee notes that, as indicated in paragraph 61 above, certain persons alleged by the complainants to have been arrested, have left the country, in particular Bernardo Araya Zuleta, in respect of whom a communication from his close relatives had also been received giving details of the arrest of this person and referring to his disappearance.
  67. 67 The Committee notes that the information supplied by relatives is in contradiction with that supplied by the Government as regards the persons who the Government states have not been arrested or that it has no information concerning them. The Committee has already expressed its concern as regards this matter and would like the Government to undertake new investigations concerning these persons and to communicate the results as soon as possible.
  68. 68 The Committee also notes that the Government has not provided replies concerning certain of the persons mentioned by the complainants. Those concerned are José Aguilera, Luis Emilio Recabbarren González, Manual Recabarren Rojas, José Weibel and his brother, Ricardo Weibel.
• Annulment of the legal personality of certain teachers' associations
  69. 69 At its May 1976 Session, the Committee decided to adjourn its examination of this aspect of the case.
  70. 70 Allegations from the ICFTU, the WCL and the World Federation of Teachers' Unions related to annulment of the legal personality of several associations: the "National Teachers' Society", the "Teachers' Union of Chile", the "Secondary School-Teachers' Society", the "Industrial and Mining Teachers' Association" and the "Commercial and Technical Teachers' Association". The complainants emphasised that these associations had for many years been the defenders of the teaching profession and had succeeded in obtaining many rights for their members. The annulment of their legal personality was resulting in confiscation of their assets and property and some 14 teachers were said to have lost all their possessions.
  71. 71 In a communication received after the May 1976 Session of the Committee, the Government stated that, in taking this measure, account was taken of the following facts: (a) the infringement by these associations of the relevant legal provisions contained in title XXXIII of Book I of the Civil Code and Decree No. 1540 of 1966, regulating the granting of legal personality to associations and foundations; (b) the establishment, by Decree No. 678 of 1974, of the Chilean Order of Teachers, whose aims and purposes are similar to those which these associations had, or professed to have. The Government added that the associations in question had repeatedly made political statements and defined themselves as being trade union organisations, claiming that they were acting as such in fomenting strikes, work stoppages, etc., whereas such activities are strictly prohibited by section 6 of Decree No. 1540, mentioned above, whereunder associations are prohibited from pursuing trade union aims or from engaging in profit-making activities, as are bodies which require a special legal status. Moreover, section 23, subsection 4, of the same Decree provides that associations may not substantially alter the aims stated in their rules, and that it shall be for the President of the Republic to determine whether they have done so.
  72. 72 In the present case, continues the Government, the associations in question not only substantially altered the aims stated in their rules, but engaged in activities prejudicial to the public interest, such as work stoppages and strikes, obviously politically inspired, on the pretext that they were furthering occupational purposes. In this connection, section 559 of the Civil Code provides, inter alia, that associations may be dissolved by the authority which authorised their existence or by law, even against the will of their members, if they act in a manner jeopardising the security or interests of the State, or fail to pursue the aims for which they were founded. The Government goes on to state that section 24, subsection 1, of the aforementioned Decree empowers the President of the Republic to annul the legal personality of any association which he considers to be transgressing the law, the public interest or morality, or which disregards the aims for which it was established, or which commits serious breaches of its own rules. It was in these circumstances, continues the Government, that the legal personality of the associations in question was annulled.
  73. 73 As regards the disposal of the assets of these associations, the Government quotes sections 549 and 561 of the Chilean Civil Code. According to the former, the assets of an association do not belong to any of its members, whereas the latter provides that, upon dissolution, an association shall dispose of its assets in the manner prescribed by its rules. If the rules make no provision for such an eventuality, these assets revert to the State, which is under an obligation to use them for similar purposes, to be determined by the President of the Republic. The Government adds that section 35 of Legislative Decree No. 678, whereby the Chilean Order of Teachers was established, provides that the assets of the order shall consist of the property of existing occupational associations in the various branches of the teaching profession, accruing as and when these associations merge with the Order. Such property must nevertheless be allocated, preferably, for use by members of the Order in the corresponding branches of the teaching profession, in the manner and subject to the conditions prescribed by the regulations. The Government therefore denies that the assets of the associations in question were confiscated, and emphasises that their disposal will be handled by a Committee on which members of these associations will sit.
  74. 74 The Committee considers that, in the light of the information available, the associations mentioned by the complainants do not appear to have been trade union organisations, which, according to the principles of freedom of association, should not be dissolved by administrative authority. They were not founded with a view to pursuing trade union aims, and they could not legally engage in trade union activities in view of the form in which they had been constituted (see paragraph 71 above). Moreover, the Committee has had brought to its notice a communication from one of them - the Teachers' Union of Chile - in which its aims were stated to be exclusively concerned with the welfare of its members. The Committee further points out that the teachers had formerly united for trade union purposes in the Single Union of Workers in Education (SUTE).
• The financing of agricultural trade union organisations
  75. 75 By a communication of 2 August 1976, the WCL submitted a report on measures said to have been taken against agricultural trade union organisations.
  76. 76 The report refers to the Vocational Training and Employment Regulations, promulgated on 1 May 1976, which, according to the complainants, totally ignored the acquired rights of workers with regard to the financing of agricultural trade union organisations. Until the change in regime, the report states, agricultural employers paid to the Labour Directorate, under an Act of 1961, 2 per cent of the wages paid in their undertaking. Half of the sums thus collected were paid into the Trade Union Education and Development Fund and half to the federations and Confederations of agricultural workers. The fund in question was used to finance general and social educational programmes undertaken by the organisations and certain services provided to the peasants.
  77. 77 Legislative Decree No. 1446, to establish rules respecting vocational training and employment, put an end to this system, contrary to what had been decided by the Agricultural Labour Commission responsible for examining the relevant provisions of the Draft Labour Code. According to the complainants, this Commission had agreed to maintain the financing system for agricultural organisations on the understanding, however, that the employers' organisations could have access to the Trade Union Education and Development Fund for their own training programmes.
  78. 78 The rules will come into force on 1 January 1977. However, the complainants point out that the resources of the Trade Union Development Fund could be used during the present year to finance study and research programmes without reference to the Agricultural Unions Act. According to the complainants, the agricultural organisations are therefore certain to disappear, especially as the suspension of collective bargaining will prevent negotiation with the undertakings on a system to replace the existing one. In addition, the impoverishment of agricultural workers will make an increase in contributions impossible.
  79. 79 In its communication of 29 September 1976, the Government states that the vocational training rules constitute a set of standards which will give workers adequate opportunities of improving their skills and thus obtaining a real possibility of advancement. As regards the financing of the agricultural organisations, the Government points out that the 1967 Act established what amounted to a tax on labour, which was prejudicial to the development of employment in agriculture. Nevertheless, adds the Government, the sums thus collected were inadequate for the purposes of agricultural training, especially as the system brought in not more than 34 per cent of what it should have produced. In practice, dues were collected only in areas close to towns as fund collection was too costly in outlying areas. In addition, the system was discriminatory, since it did not exist for other branches of activity. Furthermore, the agrarian reform carried through by the Government had modified the structure of agricultural holdings and the funds which would be collected on the basis of the 1967 Act would be completely inadequate.
  80. 80 The Committee notes the information supplied by the complainants and the comments made thereon by the Government. It considers that it is not within its competence to make a judgement on the financing of vocational training except to analyse questions affecting the exercise of trade union rights.
  81. 81 Under the old system, 50 per cent of the employers' contributions were used to finance agricultural unions. The stoppage of this compulsory employers' contribution could not be considered a violation of the principles of freedom of association. However, it constitutes a measure which considerably limits the funds to which agricultural unions have access. These unions would thus be seriously handicapped in performing their, essential task of defending the occupational interests of their members. In order to prevent such a situation, the Government, together with workers' and employers' agricultural organisations, ought to seek ways of offsetting this loss of resources.

The Committee's recommendations

1. 82. In these circumstances, and with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) as regards the allegations concerning the arrest or disappearance of serving and former trade unionists,
   • (i) to note with interest that several of the arrested trade unionists have been released, but to remind the Government once again that arrest by the authorities of trade unionists regarding whom no grounds for conviction are subsequently found may seriously restrict freedom of association;
   • (ii) to note that some of the persons mentioned by the complainants are still under arrest without having been brought before courts, and to point out that an arrested trade unionist should be brought before the competent judge as soon as possible, this constituting one of the civil liberties which should be ensured by the authorities in order to fully safeguard the exercise of trade union rights;
   • (iii) to regret that, despite repeated requests by the Governing Body, the Government has not mentioned the precise facts which could have led to the detention of some of the persons arrested under the state of emergency regulations;
   • (iv) to express its concern regarding the allegations that trade unionists have disappeared following arrest, and to request the Government to undertake new investigations regarding the persons mentioned in - paragraph 65 above, in respect of whom the Government states that it has no information, and to communicate the results as soon as possible;
   • (v) to note that certain persons who were allegedly arrested have left the country;
   • (vi) to request the Government to supply information on the situation of the persons mentioned in paragraph 68 above;
   • (b) regarding the allegations concerning annulment of the personality of certain teachers' associations, to take note of the considerations set out in paragraph 74 above;
   • (c) regarding the allegations concerning the financing of agricultural trade union organisations, to call the Government's attention to the considerations set out in paragraphs 80 and 81 above and to invite it to seek, together with workers' and employers' agricultural organisations, ways of compensating for the loss of funds suffered by the agricultural unions;
   • (d) to note this interim report, it being understand that the Committee will submit a further report as soon as it has received the information requested above.
     • Geneva, 12 November 1976. (Signed) Roberto AGO, Chairman.