Definitive Report - Report No 313, March 1999

Case No 1906 (Peru) - Complaint date: 20-SEP-96 - Closed

Allegations: Restrictions to the right to collective bargaining (construction sector) -- anti-union persecution

1. 169. The Committee examined this case and formulated interim conclusions at its meetings in November 1997 and June 1998 (see the 308th Report of the Committee, paras. 597-609 and the 310th Report, paras. 545-556, approved by the Governing Body at its 270th Session (November 1997) and at its 272nd Session (June 1998) respectively).
2. 170. The Government sent new observations in communications dated 19 November 1998 and 4 February 1999.
3. 171. Peru 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. Previous examination of the case

1. 172. The pending allegations concern sentences of imprisonment of trade union officials and members and a draft bill to amend the Industrial Relations Act. At its meeting in June 1998, the Committee requested the Government to transmit a copy of the judgements concerning the two-year prison sentence imposed by a judicial body on the trade union officers of the Federation of Construction Workers of Peru (FTCCP), José Luis Risco Montalván, Mario Huamán Rivera and Victor Herrera Rubiños, and on 30 other trade unionists. It also requested the Government to provide more information about the "rules of conduct" to which the trade unionists and officers were to be subjected by virtue of the sentence imposed for the crime of endangering public safety as a result of the serious disturbances which had occurred in November 1991 with the motive of mobilizing Congress (the Government had indicated however that the sentence did not give rise to the forcible detention of those sentenced) (see 310th Report, paras. 552 and 553). The Committee also requested the Government to guarantee that the new draft bill to amend the Industrial Relations Act is fully in conformity with Conventions Nos. 87 and 98, in particular, as concerns the restrictions on collective bargaining raised in this case (construction sector). Finally, the Committee requested the Government to keep it informed of the developments in respect of the status of this draft bill before the Congress. The Committee drew this aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations (see 310th Report, para. 555).

B. The Government's reply

1. 173. In its communications of 19 November 1998 and 4 February 1999, the Government states with regard to the sentences imposed on the trade union officials José Luis Risco Montalván, Huamán Rivera and Herrera Rubiños, and on 30 other trade unionists, following the hampering of the free passage of vehicles and persons as well as damage inflicted on these vehicles (the sentences are annexed to the Government's reply) that the case has been definitively closed because of the statute of limitations on criminal matters. Thus, the previous judicial and penal sentences have been revoked and the workers in question have therefore not been punished.
2. 174. As regards the guarantees requested by the Committee to ensure that the new draft bill to amend the Industrial Relations Act is in full conformity with Conventions Nos. 87 and 98, in particular with regard to collective bargaining, the Government reiterates that it is always concerned to comply with the terms of ILO Conventions Nos. 87 and 98 and to ensure that their principles are respected, and has enacted appropriate legislation to guarantee full compliance with those principles. To that end, the Government indicates that any changes to legislation currently in force will take into account the principles embodied in those Conventions, and that it undertakes to keep the Committee informed of any developments in respect of the status before Congress of the draft bill to amend the Industrial Relations Act.

C. The Committee's conclusions

1. 175. The Committee notes the Government's indication that the criminal case relating to trade union officials and members of the Federation of Construction Workers of Peru (FTCCP) has been definitively closed. Furthermore, the Committee notes with interest the willingness of the Government to respect the provisions of Conventions Nos. 87 and 98 in any changes to legislation currently in force, in particular with regard to collective bargaining, and the Government's undertaking to provide information on any developments in respect of the status before Congress of the draft bill to amend the Industrial Relations Act. Under the circumstances the Committee trusts that the draft bill to amend the Industrial Relations Act will be fully in conformity with Conventions Nos. 87 and 98. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the new legislative developments in this case.

The Committee's recommendations

1. 176. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee trusts that the draft bill to amend the Industrial Relations Act will be fully in conformity with Conventions Nos. 87 and 98.
   • (b) The Committee draws the new legislative developments in this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.