Definitive Report - Report No 187, November 1978

Case No 868 (Peru) - Complaint date: 25-OCT-76 - Closed

1. 36. The Committee previously examined this case at its November 1977 Session, when it submitted an interim report.
2. 37. Peru has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 38. In its complaint, the Peruvian Fishermen's Federation alleged essentially that its national and local leaders had been persecuted, arrested and imprisoned by the Government.
2. 39. In its reply the Government explained that following a study of the situation in the public fishmeal and oil production enterprise Pesca Perú it had adopted Legislative Decree No. 21558, under which the State continued to process and market anchovies but left the fishing to small private undertakings, composed of former Pesca Perú workers, or to other undertakings in the private sector.
3. 40. However, continued the Government, a group of persons and certain trade union leaders of the Peruvian Fishermen's Federation, in an effort to slow down the country's economic recovery, brought pressure to bear on the workers to prevent them from complying with the provisions of the Legislative Decree. Moreover, on 18 October 1976, they persuaded some crews to start an untimely strike accompanied by acts of terrorism against the non-striking fishermen. These acts took place in Lima, Callao, Huacho, Supe and Chincha. Following investigations, an order was issued for the arrest of the suspected persons. The persons involved were Luis Arce Boya, Marcos Bejarano, Abelardo Ojeda and two other persons. The Government explained that these measures were not directed against the trade union representatives on account of their union activities, but solely for punishable acts. Only five persons had been arrested, and once the investigations were completed they were released. The Government added that no person was at that time being held in connection with this case.
4. 41. The Committee noted these releases and reminded the Government that the arrest by the authorities of trade unionists regarding whom no grounds for conviction are subsequently found may restrict freedom of association.
5. 42. The Committee also noted the publication in the official journal of an order, No. 29-76-9 n 5500 of 12 November 1976, by which the Ministry of Labour had withdrawn representative status: from the Peruvian Fishermen's Federation leaders vis-à-vis the state administrations and the public and non-public bodies. The reasons for this decision included, in particular, the statement that the strike launched by these leaders was illegal under the state of emergency and that terrorist acts had been committed against persons and private property.
6. 43. The Committee considered that such measures adopted by the administrative authorities created problems with regard to Article 3 of Convention No. 87, ratified by Peru, according to which workers' organisations have the right to elect their representatives in full freedom and the public authorities must refrain from any interference which restricts this right or impedes the lawful exercise thereof in these circumstances the Governing Body, on the recommendation of the Committee, drew the attention of the Government to the terms of this Article and invited it to submit its comments concerning the withdrawal of representative status from the Peruvian Fishermen's Federation leaders.
7. 44. The Government sent its comments on this point in a communication of 30 May 1978.
8. 45. In this communication the Government confirms that the administrative labour authority withdrew representative status from the leaders of the Peruvian Fishermen's Federation by Order No. 2976 of 12 November 1976. The reasons for this decision were set forth in an official communication, No. 008/76/351000 of 12 November 1976, which referred to acts of coercion and violent aggression against the freedom of the fishermen, the resort to strike pickets and incitement to acts of terrorism against persons and private property on the initiative of the leaders of the Federation. The official communication also points out that the work stoppage which the officials attempted to impose on the rank and file had taken place at a time of national crisis and emergency, in clear violation of the laws prohibiting work stoppages and go-slows; it accordingly constituted an act of overt provocation. The withdrawal of the representative status of the leaders of the Federation was confirmed by Order No. 34/76/915000, the plea of nullity having been disallowed.
9. 46. However, the Government explains that it was in no way its intention to refuse to recognise the trade union organisations and the right of the workers to elect their representatives in full freedom. Accordingly, following the convening of the National Plenary Assembly of Fishery Workers on 26 and 27 April 1977 and the appointment of a National Executive Committee by that Assembly, the administrative labour authority registered that Committee by Order No. 002/77/915500, thereby expressly confirming the representative status of the leaders of the Fishermen's Federation.

47. The Committee notes that an Executive Committee of the Fishermen's Federation has been appointed by the National Assembly of Fishery Workers and that this Committee has been registered by the administrative labour authority. In these circumstances the Committee recommends the Governing Body to decide that this case calls for no further examination.