Definitive Report - Report No 211, November 1981

Case No 974 (Peru) - Complaint date: 19-JUN-80 - Closed

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29. The National Federation of Mineworkers and Metalworkers submitted a complaint of violation of trade union rights in Peru in a telegram dated 19 June 1980. The Government sent its observations in a communication dated 27 April 1981.
30. As the statements made by the parties were contradictory, on 30 April 1981 the Director-General, in accordance with the procedure of the Committee on Freedom of Association, asked the complainant organisation to transmit any observations which it might consider advisable on the Government's observations by 30 June 1981 at the latest. The Committee has not received any communication since then.
31. 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, 1948 (No. 98).

32. In its communication, the complainant organisation refers to the kidnapping in Lima of the trade union leader and miner, Aldo Morán, by Argentinian and Peruvian forces. It claims that his life and person are in danger.
33. In its reply, the Government states that according to the inquiry carried out by the Senior Directorate of the Civil Guard and the Investigating Police, the trade union leader Aldo Morán has never been detained. In conclusion, it accordingly rejects the complaint as being completely baseless.
34. The Committee notes that the complainant did not supply any details as to the circumstances of or reasons for the alleged arrest of Mr. Aldo Morán. It also points out that the complainant did not exercise its right to send additional information in support of its complaint and that it did not make any observations on the Government's reply which was transmitted to it by the Director General. In addition, the Committee notes that according to the competent Peruvian authorities the person concerned has not been detained.

The recommendations of the Committee
1. 35 In these circumstances, the Committee recommends the Governing Body to decide that this case does not call for further examination.