Interim Report - Report No 236, November 1984

Case No 1269 (El Salvador) - Complaint date: 22-MAR-84 - Closed

1. 524. The World Confederation of Organisations of the Teaching Profession (WCOTP) presented its complaint in a communication dated 22 March 1984. This organisation sent additional information in a communication dated 28 March 1984.+ The Government replied in a communication dated 17 May 1984.
2. 525. 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. The complainant's allegations

1. 526. The complainant alleges that on the morning of 16 March 1984 the Salvadoran national police searched the premises of the Salvadoran teachers' organisation "ANDES 21 de Junio" and expresses its concern at the fact that the police seized lists containing the names and addresses of all the members of that organisation. This action took place in a context in which, since 1979, more than 300 members of the teaching profession have been murdered by death squadrons of the extreme right and by paramilitary groups, mainly because of their affiliation with ANDES. This search and the seizure of the addresses can therefore be interpreted only as a measure of intimidation against ANDES, particularly since threats of elimination of the organisation and of its members have been made both by a high public official and by the extreme right.
2. 527. The complainant states that it fears the information concerning membership will be used not only as a basis for further political action, but that it will be transmitted to supposedly independent rightist groups which have been responsible for various attacks and murders, as a number of events have taken place which clearly show that the security forces have been unable or have not wished to protect the organisation and ensure its freedom to operate.
3. 528. The complainant also alleges that interference with the postal service is taking place which is manifestly designed to hamper communication and co-operation between ANDES and WCOTP, with which ANDES is affiliated. For example, although ANDES has not changed its address, correspondence addressed to it by WCOTP does not arrive or is returned marked "the addressee has moved without leaving a new address".
4. 529. Finally, the complainant alleges that the threats being made against ANDES are preventing that organisation from holding its meetings regularly and in a normal manner.

B. The Government's reply

1. 530. The Government states that the organisation "ANDES 21 de Junio" is not a trade union but a general association of teachers governed by a special law and not by the Labour Code. For this reason the Ministry of Labour and Social Welfare has no relations with it.
2. 531. The Government adds that it must be understood that a state of emergency is in force in El Salvador which involves restriction of certain constitutional guarantees and that the teachers' association referred to have stated publicly that it has joined the Revolutionary Democratic Front (FDR) which, together with the F.M.L.N. constitute the political and military front which has declared war on the Supreme Government of El Salvador. It is quite natural, the Government further states, that because of this fact the persons belonging to the above-mentioned extremist front or its related organisations should be investigated and that their premises should be checked for security reasons.

C. The Committee's conclusions

1. 532. The Committee notes that this case concerns a search of the premises of the organisation "ANDES 21 de Junio" and the seizure of its membership lists, as well as to the interception of correspondence addressed to this organisation. The complainant has expressed its fear that the above-mentioned lists may be transmitted to murder squads of the extreme right, as these squads are said to have carried out the murder of hundreds of members of "ANDES 21 de Junio" since 1979.
2. 533. The Committee notes the Government's statements and, in particular, the statement that "ANDES 21 de Junio" is not a trade union but a general association of teachers governed by a special law. In this connection, the Committee observes that "ANDES 21 de Junio" is an organisation affiliated with an international trade union organisation (the World Confederation of Organisations of the Teaching Profession) and that it is composed of teachers. In these circumstances, everything appears to indicate that the organisation "ANDES 21 de Junio" is a worker's organisation whose purpose is furthering and defending the interests of workers; the Committee, however, requests the Government to indicate to what extent the national legislation guarantees to the organisation "ANDES 21 de Junio" the rights contained in Convention No. 87.
3. 534. The Committee also notes that the Government acknowledges the fact that the premises of "ANDES 21 de Junio" were searched and that investigations of its members have been carried out. The Committee observes that the Government justifies these measures by invoking the state of emergency, as well as security reasons, on the ground that "ANDES 21 de Junio" has publicly stated that it has joined one of the fronts forming the political and military front which has declared war o n the Government.
4. 535. The Committee observes, however, that the Government has not explained the specific grounds for the carrying out of the alleged search. In this connection, the Committee considers that "ANDES 21 de Junio", being an organisation having legal existence, should receive the same treatment as other worker's organisations and be allowed fully to exercise trade union rights.
5. 536. The Committee therefore regrets that the premises of "ANDES 21 de Junio" were searched and that its membership lists were seized without any judicial warrant authorising this action apparently being issued. The Committee draws the Government's attention to the fact that searches of trade union premises should be made only following the issue of a warrant by the ordinary judicial authority where that authority is satisfied that there are reasonable grounds for supposing that evidence exists on the said premises material to a prosecution for a penal offence and on condition that the search be restricted to the purposes in respect of which the warrant was issued (see, for example, General Survey by the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4B), International Labour Conference, 69th Session, 1983, para. 69).
6. 537. More generally, and having regard to the historical context of the allegations made and the large number of members of "ANDES 21 de Junio" who - according to the complainant - have been murdered since 1979 or threatened, the Committee draws the Government's attention to the fact that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to the inviolability of human life and personal safety, are fully respected and guaranteed [see, for example, 233rd Report, Case No. 1233 (El Salvador), para. 682]. The Committee requests the Government to take steps to end the persecution of "ANDES 21 de Junio" and its members and to enable them fully to exercise their trade union rights.
7. 538. With reference to the allegation concerning interception of correspondence addressed by WCOTP to "ANDES 21 de Junio", the Committee wishes to point out that the principle that all workers' organisations have the right to affiliate with international organisations of workers implies the right of national and international trade union organisations to maintain contact with one another [see, for example, 233rd Report, Case No. 1228 (Peru), paragraph 184]. The Committee requests the Government to conduct an investigation into this alleged interception of correspondence.

The Committee's recommendations

1. 539. In these circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions.
   • (a) The Committee requests the Government to indicate to what extent the national legislation guarantees to the organisation "ANDES 21 de Junio" the rights contained in Convention No. 87.
   • (b) The Committee regrets that the premises of "ANDES 21 de Junio" were searched and that lists of members were seized without any judicial warrant authorising this action appearing to have been issued. The Committee draws the Government's attention to the fact that searches of trade union premises should be made only following the issue of a warrant by the ordinary judicial authority where that authority is satisfied that there are reasonable grounds for supposing that evidence exists on the said premises material to a prosecution for a penal offence and on condition that the search be restricted to the purposes in respect of which the warrant was issued.
   • (c) The Committee draws the Government's attention to the fact that freedom of association can be exercised only in conditions in which fundamental human rights, and in particular those relating to the inviolability of human life and personal safety, are fully respected and guaranteed. The Committee requests the Government to take steps to end the persecution of "ANDES 21 de Junio" and its members and to enable them fully to exercise their trade union rights.
   • (d) With reference to the allegation concerning interception of correspondence addressed by WCOTP to "ANDES 21 de Junio", the Committee wishes to point out that the principle that all workers organisations have the right to affiliate with international organisations of workers implies the right of national and international trade union organisations to maintain contact with one another. The Committee requests the Government to conduct an investigation into the alleged interception of correspondence.