Definitive Report - Report No 230, November 1983

Case No 1194 (Chile) - Complaint date: 12-APR-83 - Closed

1. 284. The complaint is contained in a communication from the International Confederation of Free Trade Unions (ICFTU) dated 12 April 1983. The Government's reply communications of 11 and 19 May and 2 September 1983.
2. 285. Chile has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 286. The ICFTU alleges that, on 7 March 1983, at the time the new school year was announced, the Official Gazette published a decision of the Ministry of the Economy arbitrarily revoking the legal personality of the Professional Association of Educators of Chile (AGECH) for alleged violations of legal provisions, without giving the association any opportunity to defend itself and without stating the grounds for the revocation. The complainant adds that the AGECH has never violated the law, and that it must be presumed that the sole reason for revocation of the legal personality of AGECH is its opposition to the educational and labour policy of the Government.
2. 287. The complainant further states that the dissolution of the AGECH by decree comes at a time when teachers are facing serious problems of lack of job security, low pay, progressive reductions in vacation time, increased dismissals and growing unemployment in the profession.

B. The Government's reply

1. 288. In its communication of 11 May 1983, the Government states that, by Resolution No. 21 of 21 January 1983, published in the Official Gazette of 7 March 1983, the Ministry of the Economy, Development and Reconstruction, by virtue of the laws applicable to serious violations of legal, regulatory and statutory provisions by occupational associations, revoked the legal personality of the Professional Association of Educators of Chile (AGECH). The grounds for taking this measure were the fact that the Association was found to be engaged in political activities, in express breach of section 1 of Legislative Decree No. 2757 of 1979 which prohibits occupational associations from engaging in this type of activity. The Government indicates that the AGECH leadership appealed the revocation to the courts.
2. 289. In its communication of 19 May 1983, the Government states that on 10 May 1983 the court of first instance cancelled Resolution No. 21 of 21 January 1983 revoking the legal personality of the AGECH. In its communication of 2 September 1983, the Government sends a copy of the aforementioned decision which is now definitive since the Ministry of Economy, Development and Reconstruction made no appeal against it within the prescribed legal period.

C. The Committee's conclusions

1. 290. The Committee takes note of the allegations of the complainant relative to the revocation by administrative authority of the legal personality of the Professional Association of Educators of Chile (AGECH), and of the Government's reply.
2. 291. The Committee takes particular note that the court of first instance, in a decision of 10 May 1983, cancelled the resolution of the Ministry of the Economy, Development and Reconstruction revoking the legal personality of the AGECH, but observes that this ministerial decision was enforceable as from the date of its publication in the Official Gazette. In this respect, the Committee can only regret that the Government violated the principle of freedom of association according to which workers' organisations shall not be liable to dissolution by administrative authority, or to any other type of administrative measures producing the same result. In this connection, the Committee wishes to draw to the Government's attention that, in order to guarantee the aforesaid principle, and consequently the rights of defence, it is not sufficient for the laws to confer upon the trade union organisation concerned the right to appeal to the courts against a decision of dissolution or revocation of its legal personality. It is also necessary for the appeal procedure provided under the law to have a suspensive effect so that such measures can enter into force only after a period of time provided for under the law has elapsed without an appeal having been filed, or when the decision in question has been upheld by the courts. The Committee further observes that the grounds for revoking the legal personality of AGECH were that it was found to be engaged in political activities contrary to the provisions of section 1 of Legislative Decree No. 2757 of 1979. In this respect, the Committee recalls that provisions which produce a general prohibition of political activities of trade unions for the promotion of their specific objectives are contrary to the principles of freedom of association.
3. 292. In these circumstances, the Committee requests the Government to take measures to amend the legislation so that revocation of the legal personality of occupational associations which produces effects similar to those of dissolution - can be effected only by the courts, and to remove the general prohibition of political activities of occupational associations so that they may, if they wish, engage in political activities relating to the promotion of their trade union objectives.

The Committee's recommendations

1. 293. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions:
   • (a) The Committee regrets that the Government violated freedom of association in revoking the legal personality of the AGECH by administrative action as it is entitled to do under the legislation in force - although it notes that, following an appeal filed by the AGECH leadership, the courts cancelled the aforesaid revocation.
   • (b) The Committee draws the Government's attention to the principle of freedom of association according to which workers' organisations shall not be liable to dissolution by administrative authority or to any other type of administrative measures producing the same result.
   • (c) The Committee requests the Government to take measures to amend its legislation so that revocation of the legal personality of occupational associations can be effected only by the courts. It also requests the Government to remove the general prohibition of political activities of occupational associations so that they may, if they wish, engage in political activities relating to the promotion of their trade union objectives.