Definitive Report - Report No 187, November 1978

Case No 870 (Peru) - Complaint date: 31-JAN-77 - Closed

1. 48. The Committee examined this case at its November 1977 Session, or which occasion it presented an interim report to the Governing Body.
2. 49. Since then, the Government has sent information in a communication dated 30 May 1978.

A. A. The complainants' allegations

1. 50. Following the examination of the case by the Committee, one of the allegations of the complainants remained outstanding, namely, the measure taken against Julián Sierra Corales, the Organisation Secretary of the Federation of Peruvian Metalworkers, who had been exiled to Panama on 27 December 1976. The measure had been taken after he had been imprisoned for over 100 days on a charge - which, according to the Peruvian General Confederation of Workers (CGTP), was false and arbitrary - of attempting to "sabotage increased production". This charge, brought by Sierra Corales' employer, had not been investigated under any form of administrative or judicial procedure.
2. 51. At its November 1977 Session, the Committee had noted that the Government had not made any comments on this subject. In general terms, the Committee recalled the importance which it attached to the fact that, in cases of exile of trade unionists, such measures should be accompanied by full legal safeguards and should not result from the legitimate trade union activities of those concerned. On the recommendation of the Committee, the Governing Body accordingly requested the Government to send its observations on the matter.
3. 52. In its communication of 30 May 1978, the Government states that, on 15 March 1978, an official communiqué No. 06/ORRPPMI rescinded all provisions designed to prevent the return to the country of Peruvians living abroad. The object of this measure was to ensure that the entire population was able to participate in the election of the Constituent Assembly.

B. B. The Committee's conclusions

1. 53. The Committee takes note of this information. It is apparent from the Government's reply that Julián Sierra Corales is in a position to return to Peru. The Committee regrets, however, that the Government does not provide any details on the grounds for his exile and wishes to emphasise, as it has in similar cases, that a measure exiling trade unionists, which is in violation of human rights, is particularly grave, since it deprives the persons concerned of the possibility of working in their country and of contacts with their families. It is also in violation of freedom of association in that it undermines trade union organisations which are thereby deprived of their leaders.

The Committee's recommendations

1. 54. In these circumstances, the Committee recommends the Governing Body to decide, in the light of the Government's reply, and bearing in mind the principles and considerations set forth in the previous paragraph, that no purpose would be served in pursuing its examination of this case.