Interim Report - Report No 226, June 1983

Case No 973 (El Salvador) - Complaint date: 01-JUN-80 - Closed

91. The Committee has examined these cases on several occasions, most recently at its November 1982 meeting when it submitted an interim report to the Governing Body. Subsequently, the Government sent further information in a communication dated 14 March 1983.

1. 91. The Committee has examined these cases on several occasions, most recently at its November 1982 meeting when it submitted an interim report to the Governing Body. Subsequently, the Government sent further information in a communication dated 14 March 1983.
2. 92. El Salvador has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1946 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Case No. 953

1. 93. The complaint presented by the International Confederation of Free Trade Unions (ICFTU) on 18 July 1980 is concerned mainly with the death on 24 June 1980 of Tomás Rosales, a leader of the workers' union Granja Santa Inés, and the wounding of four other trade unionists during clashes with the armed forces which occurred in connection with a peaceful strike called by them in support of a number of wage claims.
2. 94. Since the Government supplied no information on this aspect of the case in November 1982, the Committee reiterated its request that the Government communicate its observations concerning the alleged killing of Tomás Rosales and wounding of four other trade unionists on 24 June 1980 at the undertaking of El Grarjero S. A.
3. 95. In its reply dated 14 March 1983, the Government does not refute any of these allegations but merely repeats the information submitted on 24 September 1980, to the effect that, on 24 June 1980, Carlos Hernández was arrested for disturbing the peace and threatening to damage the undertaking's property and that he was subsequently released on 29 June 1980.
4. 96. The Committee again notes this information. It observes, however, that the Government does not deny the allegations of the complainant.
5. 97. In the circumstances, the Committee can only deplore the alleged violent death of the union leader, Tomás Rosales, and the injuries inflicted by the armed forces on other Granja Santa Inés trade unionists on 24 June 1980 in the course of a labour dispute. Given the fact that an independent and free trade union movement can develop only in a climate of respect for basic human rights, the committee urges the Government to take steps to prevent any loss of human life.

B. Case No. 973

1. 98. The complaint presented by the World Confederation of Labour (WCL) refers to the assassination of trade union leaders. According to the WCL in a communication dated 21 April 1981, José Santos Tiznado and Pedro Gonzalès, leaders of the Salvadorian Peasants' Central, were assassinated by uniformed members of the National Guard at midnight on 10 May 1980 in the Jésus suburb of San Ramón in the Department of Cuscatlán. The complainant further alleges that Manual Antonio Carrillo and José Antonio Carrillo, former leaders o£ the Salvadorian Peasants' Central and members of the El Rosario Agricultural and Consumers' Co-operative Limited, were assassinated on 3 June 1980 by members of repressive forces, basing their allegations on the calibre of the bullets found near the dead bodies. It also states that Rafael Hernández Olivo, Secretary General of the Irrigation and Drainage Section of the National Association of Workers of the-Ministry of Agriculture and Cattle Farming (ANTMAG), who had been transported to the Metapán Hospital after being injured in an accident, was subsequently arrested by the rural police and that his whereabouts were unknown.
2. 99. In November 1982, the Committee noted the Government's statement that investigations were being made into the death of the four peasants and the disappearance of the Secretary General of ANTMAG. The Committee emphasised the importance that the guilty parties should be tried and punished and that the Government should keep it informed of the results of the investigation and of the action taken against those responsible.
3. 100. In its reply dated 14 March 1983, the Government states that the information concerning this complaint has been communicated to the relevant bodies to help them in their inquiries.
4. 101. The Committee observes that the alleged assassination of the peasant, trade unionists occurred in May and June 1980, since when the Government has not denied the facts and states that investigations are still under way. The Committee deeply regrets that the Government has not yet supplied any specific information on the circumstances surrounding the alleged death of José Santos Tiznado, Pedro Gonzalès, Marvel Antonio Carrillo and José Antonio Carrillo and the disappearance of Rafael Hernández Olivo. The Committee urges the Government to transmit this information without delay. It must recall the importance in all cases involving the loss of human life of carrying out an independent judicial inquiry. As the Committee has stated in the past,' the atmosphere of confidence essential for social dialogue could be restored more easily once the responsibilities of those concerned have been established and the persons who have abused their powers have been dealt with according to law.

C. Case No. 987

1. 102. The complaint presented by the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAI) concerns the arrest by the police on 31 July 1980 of the trade union leaders Tejada, Mendoza, Márguez, Aguirre, Sánchez, Fuentes and Castro, all of whom were arrested during a discussion of a list of grievances in the premises of the undertaking Buses Ruta Urbanos 5-28.
2. 103. In a communication dated June 1962, the Government stated, with respect to the arrest of members of the Executive Committee of the National Union of Workers in Transport and Allied industries in the premises of the undertaking Buses Ruta Urbanos 528, that a trial was under way.
3. 104. In its communication dated 14 March 1983, the Government indicates that information regarding Case No. 987 will be submitted separately.
4. 105. The Committee once again urges the Government to keep it informed of the outcome of this trial and, in particular, to indicate whether the trade unionists Tejada, Mendoza, Márguez, Aguirre, Sánchez, Fuentes and Castro cited by name by the complainants, have been released.

D. Case No. 1016

1. 106. In this case, the ICFTU denounced the assassination on 13 January 1981 o£ Rodolfo Viera, Secretary General of the Salvadorian Communal Union, and the death on 3 January 1981 of two American trade unionists, Mark Pearlman and Michael Hammer, representatives of the AFL-CIO in El Salvador, while staying at the Hotel Sheraton in San Salvador where they were working on an agrarian reform programme to improve living and working conditions in rural areas.
2. 107. In June 1982, the Government stated that a trial was being held in the Fifth Criminal Court of San Salvador and that the accused, Ernesto Sol Meza, had been released by order of the Supreme Court after submitting an appeal, and that the other accused, Hans Krist, had been acquitted. The Committee therefore urged the Government to pursue actively its investigations into the case and to send in the text of any judgement handed down.
3. 108. In its communication dated 14 March 1983, the Government repeats its earlier statement that the trial is being held in the Fifth Criminal court, that one of the accused has been released by order of the Supreme Court and that the other has been acquitted. It adds that the judgement concerning other accused persons considered to be the actual perpetrators of the crime was handed down early in December 1982 but that the parties concerned have lodged an appeal.
4. 109. The Committee notes the Government's statement and requests it to continue keeping it informed of developments in this case. The Committee feels that it would be of the utmost value for it to have the text of the final judgement that will be handed down.

The Committee's recommendations

1. 110. In the circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) In general terms, the Committee once again deeply deplores the violent death of several trade union leaders and, given the fact that an independent and free trade union movement car develop only in a climate of respect for basic human rights, urges the Government to take action to prevent any loss of human life. The Committee urges the Government to transmit without delay information on the circumstances in which these trade union leaders lost their lives.
   • (b) In Case No. 987, the Committee urges the Government to communicate information on the outcome of the trial concerning the arrest o£ members of the Executive Committee of the National Union of workers in Transport and Allied Industries, which occurred almost three years ago - on 31 July 1980 - when the trade unionists concerned were discussing a list of wage claims in the premises of the undertaking Buses Ruta Urbanos 5-28. The Committee urges the Government to indicate whether the trade unionists Tejada, Mendoza, Márguez, Aguirre, Sánchez, Fuentes and Castro, cited by name by the complainants, have been released.
   • (c) In Case No. 1016, the Committee notes that the trial of the presumed perpetrators of the assassination of the trade union leader, Rodolfo Viera, and of Mark Pearlman and Michael Hammer, two American trade unionists representing the AFI-CIC in El Salvador, is still under way. The Committee once again requests the Government to continue communicating detailed information on the case, including the text of the final judgement once it has been handed down.