Interim Report - Report No 268, November 1989

Case No 1478 (Peru) - Complaint date: 09-NOV-88 - Closed

1. 574. The Committee examined Cases Nos. 1478 and 1484 at its meeting in May 1989 and submitted an interim report to the Governing Body. (See 265th Report, paras. 518-549, approved by the Governing Body at its 243rd Session (May-June 1989).) Subsequently, the Government sent observations in a communication of 2 October 1989.
2. 575. Peru has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Protection of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the cases

1. 576. When it examined these cases at its meeting in May 1989, the Committee formulated the following recommendations concerning the outstanding allegations (see 265th Report, para. 549):
   • (a) The Committee requests the Government to send detailed information on the outcome of requests for information submitted to the Ministry of the Interior concerning the events which took place on 13 October 1988 during a national day of protest organised by the CGTP.
   • (b) The Committee deeply deplores the current violent situation and requests the Government to send its observations and any information obtained from the Ministry of the Interior concerning the murders of Saúl Cantoral, the leader of the National Mining, Iron and Steel Workers' Federation, and Consuelo García, an adviser to the committees of miners' wives, and on the disappearance since 14 December 1988 of Oscar Delgado, a leader of the Customs Workers' Trade Union. The Committee further requests the Government to indicate whether inquiries have been opened into the death of 88 peasants during a demonstration and, if so, to keep it informed of the progress and outcome of said inquiries.
   • (c) The Committee requests the Government to send its observations on the search of the CGTP offices, which resulted in damage to the premises and to trade union property, on 13 October 1988, on the search of the trade union offices of the National Mining, Iron and Steel Workers' Federation on 24 October 1988, on the confiscation of documentation and the mimeograph machine belonging to this Federation, and on the police break-in of CTP premises during a meeting of its Executive Committee on 3 January 1989, when the trade union leader Flavio Rojas was allegedly detained.

B. The Government's reply

1. 577. As regards the Committee's request that the Government send information submitted by the Ministry of the Interior concerning the events which took place on 13 October 1988 during a national day of protest organised by the CGTP, the Government states in its communication of 2 October 1989 that the General Directorate of the National Police issued a report in which it stated that the police intervention was aimed at guaranteeing law and order, through the use of persuasive and dissuasive means, in response to the forceful actions undertaken by the leaders of the CGTP during the national strike of 13 October 1988, protesting against the Government's economic policy.
2. 578. Furthermore, the Government states that although the accusations concerning the death of 88 persons during the demonstration are incorrect, it has requested information from the competent authorities, and will forward this information to the ILO when it becomes available. The Government reaffirms its abhorrence of the violence which exists in the country, blame for which it attributes to subversive groups. The expansionist and destructive zeal of these groups knows no limits; they attack the population indiscriminately, in rural as well as urban areas, with a view to creating political chaos and destabilising the country's democratic system, and attempt to present a distorted version of the facts, inasmuch as disappearances and murders have affected not only trade union leaders but also government officials, mayors, prefects and even members of Parliament.
3. 579. As regards the search of the CGTP headquarters, the Government states that following the national work stoppage called by the CGTP for 13 October 1988, there were serious public disturbances in different areas of downtown Lima, as well as unauthorised marches, which prompted police intervention. On the same day, masked and hooded persons positioned on the roof of the CGTP building, threw rocks and other objects at persons and vehicles passing by, and at the police. For this reason, the police were compelled to use tear-gas in order to maintain the peace and protect life and personal property, and eventually the rioters were detained. On 18 and 21 October 1988 a number of people were released, including Amparo Baca Polanco, Pablo Checa Ledesma, Darío Centeno Romaní and Pedro Huillca, who were found not guilty of subversive acts. Juan Franciso Arce Flores and Héctor Guillén Flores were turned over to the SDIRPOS-PIP as they were under judicial summons following the elaboration of police report No. 2901-D5 dated 24 October 1988, which was sent to the Office of the Public Prosecutor (No. 18) of Lima. The Government emphasises that the police actions taken to restore law and order were in keeping with the legal provisions and regulations in force, and that the personnel in question were therefore absolved of all responsibility.
4. 580. As regards the complaint of the Miners' Federation, the Government states that from 17 October until 12 December 1988, the National Federation of Mining, Iron and Steel Workers of Peru (FNTMMSP) carried out a general strike nationwide in support of its demands. From the first days of the strike, the members of this Federation undertook several marches from their various headquarters to Lima, as well as mobilisations, hunger strikes, demonstrations, etc., thereby prompting the intervention of the police who in many cases detained those presumed responsible, turning them over to the Security Department of the National Police. This Department undertook the corresponding investigations, forwarding to the competent authority the results of its inquiries, with charges of disturbing the peace, disrupting communications and failure to comply with Supreme Decree No. 043-88-IN of 6 December 1988. The cases concerning 21 miners who were in detention were turned over to the Provincial Public Prosecutor (Criminal Cases) in Lima. At present (February 1989), no workers are being detained.
5. 581. Concerning the violent break-in by the police into the headquarters of the CTP during a meeting of the union's Executive Committee on 3 January 1989, the Ministry of the Interior has reported that, at the request of the secretary of the CTP, Manuel Rodríguez, the police entered the trade union offices on the orders of the Public Prosecutor's Office of the ninth Criminal District, and detained Flavio Rojas Villanueva, who was suspected of having fired a weapon at a police vehicle in circumstances which threatened the peace. The Government concludes by stating that under the Constitution, detentions in the country may not exceed 24 hours, except in cases of terrorism, espionage and drug trafficking. Therefore, all persons have the right to file writs of habeas corpus when they consider that their constitutional right has been infringed by excessive periods of detention.

C. The Committee's conclusions

1. 582. The Committee regrets that the contents of the report forwarded by the Government concerning the incidents of 13 October 1988 (national day of protest) contain only statements of a general nature, and do not refer specifically to the acts of violence which were mentioned by the World Federation of Trade Unions (see 265th Report, para. 520). In these circumstances the Committee must reiterate the conclusions it reached in reviewing the case in May 1989 and deplore the violence which took place, and draw to the Government's attention that the use of police forces during trade union demonstrations should be limited to cases of genuine necessity (see 265th Report, para. 541).
2. 583. Moreover, the Committee notes that the Government is awaiting a report from the competent authorities concerning the alleged murder of 88 peasants at a meeting of 21 February 1989 which, according to the World Federation of Trade Unions, was a peaceful meeting which was brutally repressed by the national police. (See 265th Report, para. 521.) The Committee requests the Government to send a copy of this report as soon as possible, and in any event, to ensure that a judicial inquiry into this matter has been carried out.
3. 584. The Committee deplores the fact that the Government has not sent additional information on the allegations concerning the murder of trade unionists Saúl Cantoral and Consuelo García, and on the disappearance on 14 December 1988 of Mr. Oscar Delgado, a leader of the customs workers' union. While expressing its concern over the extreme seriousness of these allegations, the Committee requests the Government to ensure that a judicial inquiry is carried out and to keep it informed of the same.
4. 585. As regards the alleged searches of CGTP and CTP trade union premises, the Committee notes that, according to the Government, the search of the former was due to persons throwing stones and other objects at passers-by, vehicles and police from the CGTP trade union headquarters, and that of the latter was carried out in response to a request by the secretary of the CTP, and resulted in the detention of Flavio Rojas, who was suspected of having fired a weapon at a police vehicle.
5. 586. Lastly, the Committee notes that the Government has referred to the general strike and mobilisations called by the National Federation of Mining, Iron and Steel Workers of Peru, but it has failed to refer specifically to the alleged search of the headquarters of this Federation, and to the confiscation of documents and a mimeograph machine. The Committee therefore requests the Government to state the specific reasons for this search, and whether it was conducted under a warrant issued by the courts.

The Committee's recommendations

1. 587. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee strongly deplores the violent situation which prevails in Peru. It expresses its concern over the extreme seriousness of the allegations concerning the murder of the mining trade unionists Saúl Cantoral and Consuelo García, and over the disappearance on 14 December 1988 of Mr. Oscar Delgado, a leader of the customs workers, and deplores the fact that the Government has not yet sent additional information on these allegations. The Committee requests the Government to ensure that a judicial inquiry is carried out and to keep it informed of the same.
   • (b) The Committee requests the Government to forward as soon as possible the report of the competent authorities concerning the allegations that 88 peasants were murdered at a meeting of 21 February 1989 which, according to the World Federation of Trade Unions, was peaceful in nature and was brutally repressed by the police, and to ensure that a judicial inquiry into this matter has been carried out.
   • (c) The Committee notes that the Government has not supplied specific information on the alleged search of the headquarters of the Miners' Federation on 24 October 1988. It asks the Government to state whether it was conducted under a warrant issued by the courts.