Report in which the committee requests to be kept informed of development - Report No 272, June 1990

Case No 1309 (Chile) - Complaint date: 03-OCT-84 - Closed

1. 156. The Committee on Freedom of Association has examined this case on a number of occasions, most recently at its February-March 1990 meeting, when it submitted an interim report to the Governing Body. (See 270th Report, paras. 193-219, approved by the Governing Body at its 245th Session (February-March 1990).)
2. 157. Since then, the Government has sent observations on the allegations pending in communications dated 6 March and 24 April 1990.
3. xx 158. Chile 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. Previous examination of the case

1. 159. After the examination of the case by the Committee in February-March 1990, the following allegations remained pending: as regards the presidential pardon granted to Manuel Bustos and Arturo Martínez, the Committee expressed the hope that this pardon would quickly be followed by a re-examination of the proceedings which led to the sentencing of these trade unionists; the Committee requested the Government to inform it of the outcome of the court proceedings instituted by the dismissed employees of the State Railway Enterprise; the Committee requested the Government to inform it of developments in the legal proceedings brought against Messrs. Olivares, Araya and Aguirre and to send it the text of the judgements when they were handed down; the Committee once again requested the Government to provide information concerning the court proceedings initiated by the trade unionists in the hotel and food sector (CTGACH), Angel Catalán and Juan Montalbán.

B. The Government's replies

1. 160. In its communication dated 6 March 1990, the Government states that it noted the Committee's recommendation to the effect that it hoped the presidential pardon granted to the trade unionists Manuel Bustos and Arturo Martínez would be followed by a re-examination of the proceedings which had led to their sentencing. In this respect, the Government points out that the trial against Messrs. Bustos and Martínez followed the rules of due process and ended in a sentence on conviction; this was examined by both the lower court and was finally brought before the Supreme Court of Justice, which upheld the judgement of the court of first instance sentencing the persons involved to internal exile. As requested, the President of the Republic granted a pardon, thus cutting short the sentence that Messrs. Bustos and Martínez were serving and quashing the conviction. The Government is therefore of the opinion, according to the communication, that these proceedings have been duly settled and are closed, resulting in the court setting the case aside, and that the matter is res judicata.
2. 161. As regards the developments in the proceedings brought against Messrs. Olivares, Araya and Aguirre for having violated section 11(2), of Act No. 12917 on state security (in accordance with Initiating Orders Nos. 11-89), the Government points out that on 25 January 1990, the Minister of the Interior withdrew, on behalf of the Government, the application submitted. The examining magistrate of the Court of Appeal in charge of inquiries issued an order on the same date, declaring a general stay of proceedings against the three above-mentioned persons, and requested the records to be filed. This implies that the criminal proceedings have been closed once and for all and that criminal liability has ceased.
3. 162. In its communication dated 24 April 1990, the Government refers to the outcome of the court proceedings initiated by the employees of the State Railway Enterprise dismissed after the strike that occurred in April 1988. In this respect, it points out that immediately after taking office, on 12 March 1990, it instructed the Director-General of the State Railway Enterprise to try and seek a solution to the trials pending that would comply with the interests of the workers concerned. The Enterprise reached an agreement with the workers that reconciled the interests of the contending parties and solved the problem of the reinstatement of the dismissed workers. This agreement was approved by the Ministry of Transport and Telecommunications and now only needs to be submitted to the Fifth Labour Court of Santiago, which is competent in the matter, before the proceedings are finally closed.
4. 163. The Government's communication also refers to the court proceedings initiated by the trade unionists of the hotel and food sector (CTGACH), Angel Catalán and Juan Montalbán. It states that Angel Catalán, official of the Workers' Union of the COPASIN Company, who was dismissed in 1986, was reinstated and requested leave without pay, thus avoiding having to work for the employer. In June 1989, the COPASIN Company Ltd. dismissed him; on 14 August 1989, a request for his reinstatement was submitted to the First Labour Court of San Miguel. The proceedings are following their normal course and the last judicial pronouncement made by the court, on 9 March 1990, was to summon the parties to hear the sentence. As regards the situation of Juan Montalbán, official of the Inter-Enterprise Union in the Restaurant and Hotel Trade of the Metropolitan Region, dismissed in March 1988, the enterprise was ordered by the court to pay his wages outstanding for 1988 and 1989. The Government points out that it does not have any further information to submit on this matter.

C. The Committee's conclusions

1. 164. The Committee takes note of the Government's replies on the questions that were pending in this case.
2. 165. The Committee notes that the trade union officials Manuel Bustos and Arturo Martínez, who had been sentenced to internal exile, were granted a pardon, which quashed their conviction.
3. 166. As regards the developments in the legal proceedings brought against the trade unionists Diego Olivares, Nicanor Araya and Sergio Aguirre for having violated the State Security Act, the Committee is pleased to note that the Government withdrew the application on 25 January 1990, as the examining magistrate of the Court of Appeal declared a general stay in the proceedings, thus bringing the trial to an end.
4. 167. The Committee notes with interest the information provided by the new Government to the effect that the State Railway Enterprise reached an agreement with the workers who had been dismissed for having taken part in a strike in April 1988, with a view to their reinstatement, which would put an end to the judicial proceedings these workers had instituted.
5. 168. As regards the proceedings to reinstate the trade unionists Angel Catalán and Juan Montalbán in the hotel and food sector, the Committee notes that Mr. Catalán was reinstated and then requested leave without pay and was once again dismissed, which gave rise to new court proceedings for reinstatement. In this respect, the Committee requests the Government to inform it of the outcome of these proceedings.
6. 169. As regards the case of the union official Juan Montalbán, the Committee notes that the Enterprise was ordered by the court to pay his wages outstanding for 1988 and 1989.

The Committee's recommendations

1. 170. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) the Committee notes that the pardon which was granted to the trade union leaders Manuel Bustos and Arturo Martínez who had been sentenced to internal exile, quashed their conviction;
   • (b) as regards the court proceedings brought against the trade unionists Diego Olivares, Nicanor Araya and Sergio Aguirre for having infringed the State Security Act, the Committee is pleased that the Government has discontinued the legal proceedings brought against them, thus ending all criminal liability;
   • (c) as regards the proceedings instituted by the workers of the State Railway Enterprise who had been dismissed for participating in a strike in April 1988, the Committee notes with interest that an agreement was reached between the Enterprise and the dismissed workers with a view to their reinstatement, which would put an end to the judicial proceedings they had instituted;
   • (d) as regards the court proceedings initiated by the trade unionists in the hotel and food sector (CTGACH), Angel Catalán and Juan Montalbán, the Committee notes that Mr. Catalán was reinstated, requested leave without pay and was dismissed once again, which gave rise to new court proceedings for reinstatement; in this respect, the Committee requests the Government to inform it of the outcome of the court proceedings in question.