Display in: French - Spanish
- 26. The International Confederation of Free Trade Unions (ICFTU) presented
- allegations of violations of trade union rights against the Government of
- Ecuador in a communication dated 3 June 1988. The Government sent its
- observations on 13 and 18 July 1988.
- 27. Ecuador 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, 1949 (No. 98).
A. The complainant's allegations
A. The complainant's allegations
- 28. In its communication of 3 June 1988, the ICFTU alleges that its
- affiliate the Ecuadorian Confederation of Free Trade Unions (CEOSL), together
- with other union organisations united in the Front of Trade Union Unity
- (Frente Unidad Sindical or FUT), called a general strike on Wednesday 1 June
- 1988 to complain of the Government's failure to reply to petitions relating
- particularly to recuperating the deteriorating purchasing power of Ecuadorian
- workers and the lack of dialogue between the Government and the trade union
- movement.
- 29. According to the ICFTU, the Government decreed a state of emergency on
- the day of the strike and violently put down the strikers; there were many
- arrests. Mr. José Chavez, President of CEOSL and a member of the ICFTU's
- executive committee, was detained with particular violence by the police and
- later suffered harassment in prison. He was released at 8 a.m. on 2 June 1988.
- B. The Government's reply
- 30. In its communication of 13 July 1988, the Government states that in May
- 1988 threats of a general transport strike started to be called by the
- transport unions' leaders based on calls for increases in fares (the tariff in
- force for urban transport was at the time equivalent to less than 3 Swiss
- centimes). At the time the National Congress was discussing the increase of
- the minimum legal wages for workers who benefited from annual increases to
- protect wage earners from the effects of increases in the cost of living. The
- Government was firmly against authorising any increase in transport rates
- unless the awaited wage increase was agreed on.
- 31. In these circumstances, states the Government, the FUT announced a
- "national stoppage" for 1 June 1988 opposing the increases in transport
- tariffs (which had already been frozen by the Government) and demanding a
- general increase in wages. According to the Government, the stoppage was
- pointless since the Congress was discussing this very issue and was shortly to
- adopt a resolution on it. The transport workers threatened to disrupt the
- country and made vile statements showing a lack of respect for the legitimate
- authorities. It supplies press clippings in support of this.
- 32. According to the Government, the FUT rejected all dialogue. Its various
- strike calls of the past years have been contrary to law and order and have
- been linked to offences of sedition, rebellion and resistance to the lawfully
- elected authority; on more than one occasion they have involved acts of
- vandalism and violence. Since 1979 when a constitutional regime was restored
- to power in Ecuador after a prolonged period of dictatorship, there have been
- 12 such mob attacks. They can thus be described as acts deliberately aimed at
- destabilising the lawful regime. The Government states that since the work
- stoppage of 13 May 1980 these uprisings called by the FUT have followed a
- regular rhythm.
- 33. The Government accordingly does not see these mass attacks as "strikes"
- which are fully protected by the Constitution and laws. It refers to comments
- it made in an earlier case concerning a nation-wide strike called in March
- 1987 by the CEOSL in protest against the excessive increase in fuel prices and
- transport costs. (See 254th Report, Case No. 1400, paras. 189 to 199, approved
- by the Governing Body in February-March 1988.) These comments explain that in
- Ecuadorian labour law a strike means "a collective suspension of work by
- employees acting in combination" and that a strike is authorised "if a dispute
- arises between an employer and his employees" and this is submitted to the
- conciliation and arbitration tribunal. It may only be declared in the
- following cases: "(1) if the employer, after being notified of the employees'
- demands, fails to reply within the statutory time or gives a negative reply;
- (2) if the employer, after being notified, dismisses or gives notice of
- dismissal to one or more employees, or gives notice of the termination of an
- agreement ...", except "in the case of the dismissal of an employee who has
- committed an act of violence against the property of the undertaking or
- factory or against the person of the employer or his agent; (3) if no
- conciliation and arbitration tribunal is appointed within the time specified
- in section 466 or if, having been appointed, the tribunal for any reason does
- not meet within three days of its appointment, on condition in either case
- that the failure is not the fault of the members designated by the employees;
- (4) if conciliation proves impossible or no award is issued within the time
- allowed by section 473". The Government stresses that the protection of strike
- action is so wide in Ecuador that strikers are authorised to remain in the
- concerned workplaces (unique in world labour legislation) under police
- protection against the entry of agitators and strike breakers; strikers are
- entitled to receive remuneration and solidarity strikes are authorised.
- 34. The Government reiterates the detailed reply it gave in Case No. 1400
- stressing that the March 1987 uprising involved obstruction of the free
- movement of vehicles and pedestrians; destruction of public property such as
- garden benches and traffic signs; burning of tyres; stoning of police and
- citizens; burning of private homes; storming of the Hotel Colón Internacional
- and other establishments in Quito with incendiary bombs; burning and hanging
- of hundreds of dogs as macabre symbolism. The Government states that, in view
- of this earlier violence and faced with the complaints of the general public
- tired of these repeated events, it was obliged to take cautious measures to
- preserve the public peace. It declared a state of emergency, mobilised the
- military in the streets and suspended the constitutional guarantees, all done
- in accordance with the law in an effort to avoid anarchy, which is an
- essential aspect of the role of government.
- 35. Given the state of emergency, states the Government, the sedition of 1
- June 1988 indeed resulted in less violence than the earlier uprisings. The
- armed forces acted with prudence and did not get involved in clashes. Since
- they were unaware of the FUT's call, the genuine workers continued working in
- most undertakings. In general, there was no vandalism apart from isolated
- cases. One of the union leaders of the transport workers suffered injuries
- when explosives blew up during the FUT sedition. Moreover, despite the
- presence of the army in the streets, vehicles and passers-by were attacked and
- public property destroyed. The Government cites the editorial of the newspaper
- "El Comercio" the day after the event describing the FUT strike as inopportune
- and unnecessary. According to the Government, national public opinion calls
- for discipline and efficiency so that Ecuador can be saved, rather than
- so-called "freedom of association" which has no self-control and which is
- destroying the nation's society.
- 36. The Government supplies a further press clipping from "El Comercio"
- showing that the agitation during the "tariffs war" was not limited to the 1
- June 1988 riotous mobbing, but continued throughout that month into July.
- Groups of agitators attacked public transport vehicles, with the violence
- escalating to such an extent that one driver was forced to repel attacks with
- his firearm.
- 37. According to the Government, in connection with the events of 1 June
- 1988, Mr. José Chavez was arrested for disorderly behaviour in a public place
- with a group of 40 rioters; he insulted and assaulted the superintendent in
- charge of the police patrol who warned the persons present of the risk of
- prison. They were judged on the same day by the General Police Commander and
- sentenced to two days' detention under section 606(9) of the Penal Code. The
- Government supplies a copy of the Commander's decision. Immediately on being
- informed of these detentions and once the events were over, the authorities
- ordered the release of all persons detained during the disorders so that no
- one completed the full sentence which their offences merited. Copies of the
- release orders, dated 2 June 1988, are supplied. Mr. Chavez was thus free as
- of 2 June and there are therefore no persons imprisoned in Ecuador due to the
- 38. According to the Government, the ICFTU's complaint is baseless and
C. The Committee's conclusions
C. The Committee's conclusions
- 39. The Committee notes that the complainant's allegations concern the
- arrest of the President of the Ecuadorian Confederation of Free Trade Union
- Organisations (CEOSL), Mr. José Chavez, after calling a general strike on 1
- June 1988 to protest against the Government's failure to reply to petitions
- relating to occupational demands, in particular the deteriorating purchasing
- power of Ecuadorian workers.
- 40. The Committee notes the Government's explanations concerning the special
- circumstances which gave rise to what is described as the "tariffs war" and
- that the Government raises the political aspect of the repeated work stoppages
- called by the trade union confederations united in the Front of Trade Union
- Unity, as well as the unlawful character of the strike.
- 41. It observes that the allegations and replies are similar to the facts
- put forward in Case No. 1400 against the Government of Ecuador, examined most
- recently in February-March 1988. It accordingly refers the Government to its
- earlier conclusions, and in particular regrets that in the course of the
- strike, despite the state of emergency and police and army presence in the
- streets, some violent and disorderly incidents occurred.
- 42. As regards the arrest of Mr. Chavez, as a result of disorderly behaviour
- during the events of 1 June 1988, the Committee notes that he was charged and
- sentenced under section 606(9) of the Penal Code for promoting public meetings
- without the appropriate police authorisation, and was released after 24 hours
- along with 40 other individuals.
The Committee's recommendations
The Committee's recommendations
- 43. In the light of its foregoing conclusions, the Committee invites the
- Governing Body to approve the following recommendation:
- The Committee notes that José Chavez, President of the CEOSL, was released
- on 2 June 1988 after 24 hours' detention for infringement of section 606(9) of
- the Ecuadorian Penal Code concerning public meetings without the appropriate
- police authorisation. It accordingly considers that the matter does not call
- for further examination.
