Interim Report - Report No 172, March 1978

Case No 873 (El Salvador) - Complaint date: 15-MAR-77 - Closed

1. 341. In a communication dated 15 March 1977, the world Confederation of Labour presented a complaint concerning the alleged violation of trade union rights in El Salvador. The text of this communication was transmitted to the Government, which sent its observations in a communication of 19 May 1977.
2. 342. El Salvador 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. 343. In its communication, which was also written on behalf of the world Federation of Agricultural Workers (WFAW-CMT), the world Confederation of Labour alleged that one of the main targets for repression by the Salvadorian Government was the El Salvador Peasants' Central Union (CCS), whose function of defending the workers' rural sector was, according to the complainants, becoming increasingly difficult.
2. 344. The WCL continued by stating that militants of CCS had been arrested on 27 October 1976 and were now being held in the prison of Ilobasco, Cabañas Department. The persons concerned were Gilberto Echeverría Méndez, Julián Pilar Echeverría, Dolores Amadeo Rivas, José Santos Aguilar and Alejandro Apolonio Méndez. According to the WCL these persons had been accused of illegal occupation of land. The WCL stated that the land in question belonged to the CEL autonomous company and not to the persons who denounced these militants, namely Gamaliel Menjivar and Elias de Jests Rivas, both of whom were landowners. The WCL saw this as proof that violence has become institutionalised in El Salvador, since persons who did not own the land in question had succeeded, by means of forged documents and false witnesses, in having prison sentences passed on the peasants by the judges.
3. 345. The WCL added that two peasant militants, Francisco Girón Ramos and Germán Ortiz, had been detained since 29 January 1977 in the Santa Tecla Prison, Department of La Libertad, on charges of slandering the authorities of Rosario de Mora. According to the complainants this accusation was designed to divert attention from the real activities of these two militants in the field of peasants' trade unionism.
4. 346. In its reply the Government explained, as regards the persons accused of illegal occupation of land, that Mr. Elias de Jesús Riva Pena had lodged a complaint on 27 September 1976 with the judge of first instance of Ilobasco. The grounds for the charge were that the persons in question had forced their way onto the property of Mr. Elías de Jests Riva Peña without authorisation and had taken possession of land in such a way as to prevent him from exploiting his property. They had also destroyed the fences separating Mr. Riva Peña's property from that of Mr. José Antonio Menjivar. Mr. Riva Peña produced his title deeds before the court. Various witnesses confirmed that the persons mentioned had used violence to gain access to the land and had begun to work on it.
5. 347. The examining magistrate had checked that the illegally occupied land was part of the plaintiff's property, and on 19 October 1976 the judge of first instance, considering that there was sufficient proof, ordered the arrest of the persons concerned and decided to bring the case before the courts. The trial proceedings are at this stage.
6. 348. As regards Mr. Francisco Girón Ramos, the Government stated that this person had been arrested on 30 January 1977 for being drunk and disorderly, and had been held in the Rosario de Mora municipal prison. A witness had stated that the person concerned had destroyed identity documents and official gazettes in the town hall, and the justice of the peace had ordered Mr. Francisco Girón Ramos to be placed under temporary arrest. This measure was confirmed by the penal judge, and Mr. Ramos was placed under preventive detention at the Nueva San Salvador prison. He was subsequently released on bail on 15 March 1977. The proceedings are continuing until a final decision has been taken.
7. 349. In connection with Mr. German Cruz Ortiz, the Government stated that the local commanding officer of Rosario de Mora brought this person before the justice of the peace on 1 February 1977 for insulting behaviour to the authorities in command of a military convoy. After hearing witnesses, the justice of the peace ordered Mr. Cruz to be placed in temporary custody. On 8 February 1977 the judge of the criminal court ordered his release for lack of evidence. Mr. German Cruz Ortiz was immediately released.
8. 350. In conclusion, the Government pointed out that the cases before the Committee had been the subject of judicial investigation. It added that, in the course of the trials, neither the accused nor their counsel had alleged that violations of human rights and freedom of association had been committed. Finally, the Government observed that the El Salvador Peasants' Central Union was not an occupational association organised in conformity with the provisions of the Labour Code, nor had it applied to the Government for recognition as a special association, as provided for under the Civil Code.

B. B. The Committee's conclusions

1. 351. The Committee notes that the complaint concerns measures of arrest taken against peasants who were supposedly members of a peasant organisation which according to the Government is not an association within the terms of the Labour Code or the civil code. The Committee also notes that the persons in question were accused of illegal occupation of land, drunken and disorderly behaviour, or insulting the authorities. The Committee observes that the persons mentioned by the complainants are being tried before the courts, with the exception of one whose trial did not proceed for lack of evidence. The Committee feels that, in order to enable it to come to a decision on the substance of the case, and in particular to determine whether the proceedings instituted have a bearing on the exercise of trade union rights, it would be most useful for it to have at its disposal the texts of the judgements rendered.

The Committee's recommendations

1. 352. In these circumstances the Committee recommends the Governing Body:
   • (a) to note with interest that Mr. German Cruz Ortiz, one of the persons mentioned by the complainants, has been released;
   • (b) to request the Government to provide the texts of the judgements rendered in respect of the other persons mentioned by the complainants as soon as these are available;
   • (c) to take note of the present interim report.