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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 45. The Committee last examined this case concerning allegations of killings and threats against union leaders and members in the construction sector at its October–November 2018 meeting [see 387th Report, paras 560–575]. On that occasion, the Committee urged the Government to take all possible steps to ensure that the Public Prosecutor’s Office conducts a thorough investigation into the reasons for and the perpetrators of violence in the construction sector, with a view to eliciting data that could lead to the reopening of investigations into the murders of union leaders and members (recommendation in paragraph 575(a)). The Committee also requested the Government, within the framework of the Multisectoral Committee, as well as the National Council for Labour and Employment Promotion (CNTPE) and in collaboration with the social partners, to draw up a detailed plan of action with specific goals and deadlines to ensure that allegations of violence in the construction sector are duly investigated and that greater efforts are made to identify and punish those responsible for such violence. The Committee requested the Government to keep it informed in this regard and in relation to developments in the elaboration of an inter-sectoral protocol (paragraph 575(b)). The Committee drew the Governing Body’s attention to the extremely serious and urgent nature of this case (paragraph 575(c)).
- 46. Regarding the first recommendation (subparagraph (a)), by means of a communication dated 28 January 2021, the Government indicated that: (i) the Crime Observatory Office carried out the corresponding follow-up with the purpose of systematizing the technical reports requested by the General Secretariat of the Attorney General’s Office from the prosecutorial districts of Callao, Huaura, Lambayeque and La Libertad, in which they evaluate and issue legal opinion on the possibility of reopening a criminal investigation; (ii) based on the information gathered, a criminological investigation was launched on violence in the construction sector in the country, using quantitative and qualitative approaches, with the purpose of determining the characteristics of the victims, defendants, crimes and social control of these behaviours; and (iii) the aforementioned investigation had not yet produced final results. In a communication dated 28 February 2023, the Government provided information on the measures taken by the National Superintendency of Labour Inspection (SUNAFIL), for the benefit of civil construction workers, mainly in the area of occupational safety and health conditions. In a communication dated 15 May 2023, the Government transmitted the information gathered from two prosecutors’ offices regarding the legal opinion on the possibility of reopening the investigations – concluding in both cases that the respective investigations could not be reopened – while indicating that the opinion of the other prosecutors’ offices was still pending.
- 47. Regarding the second recommendation (subparagraph (b)), in its communication of 28 January 2021, the Government indicated that the Multisectoral Committee, as a body for dialogue, coordination and monitoring of actions to prevent and punish violence in civil construction activity, held several regular meetings throughout 2020 regarding the dissemination of the Inter-institutional Protocol for Joint Action to Prevent Violence in Civil Construction Works, which was approved by Supreme Decree No. 2019-IN published on 4 September 2019. The Protocol establishes procedures regarding preventive actions, investigative actions and inspection visits, which allow for strategic planning to execute interventions in civil construction works in order to : (i) prevent violence and counteract crimes in this sector; (ii) contribute to the improvement of civic security and public order; (iii) promote mechanisms that ensure the physical safety of employers and workers; and (iv) ensure the free exercise of individual and collective rights of workers. Regarding the action plan, the Government indicates that the members of the Multisectoral Committee agreed, as a first action, to request updated information on the status of the civil construction registers (unions, federations, confederations), their composition, content, distribution, and on the authorities responsible for them.
- 48. The Committee takes due note of the information provided by the Government on the measures taken to address the issue of violence in the construction sector. While regretting the lack of updated information on the action plan, it welcomes the progress made in the procedures relating to the Inter-institutional Protocol for Joint Action to Prevent Violence in Civil Construction Works, within the framework of Legislative Decree No. 1187. The Committee trusts that this initiative will make it possible to improve the levels of coordination between the competent entities in the fight against organized crime in the civil construction sector, with a view to reducing the crime rate. The Committee requests the Government to provide an update on the implementation of the action plan.
- 49. With respect to recommendation in subparagraph (a), the Committee takes due note that a criminological investigation has been initiated on violence in the civil construction sector in the country, using quantitative and qualitative approaches, with the aim of ascertaining the characteristics of the victims, defendants, crimes and social control of these behaviours. The Committee notes that: (i) the aforementioned investigation did not produce final results regarding the possibility of reopening the investigations into the murders of union leaders and members; (ii) in its communication dated 15 May 2023, the Government transmitted the information gathered from two prosecutors’ offices regarding the legal opinion on the possibility of reopening the investigations, concluding in both cases that the respective investigations could not be reopened; and (iii) the opinion of the other prosecutors’ offices is still pending. In these circumstances, the Committee requests the Government to provide the final results of the aforementioned criminological investigation into the murders of union leaders and members, which, it recalls, cannot go unpunished.
Status of cases in follow-up
Status of cases in follow-up- 50. Finally, the Committee requests the Governments and/or complainants concerned to keep it informed of any developments relating to the following 44 cases.
| Case No. | Last examination on the merits | Last follow-up examination |
| 2096 (Pakistan) | March 2004 | October 2020 |
| 2603 (Argentina) | November 2008 | November 2012 |
| 2715 (Democratic Republic of the Congo) | November 2011 | June 2014 |
| 2749 (France) | March 2014 | – |
| 2756 (Mali) | March 2011 | March 2023 |
| 2797 (Democratic Republic of the Congo) | March 2014 | – |
| 2807 (Islamic Republic of Iran) | March 2014 | June 2019 |
| 2871 (El Salvador) | June 2014 | June 2015 |
| 2889 (Pakistan) | March 2016 | October 2020 |
| 2925 (Democratic Republic of the Congo) | March 2013 | March 2014 |
| 3011 (Türkiye) | June 2014 | November 2015 |
| 3046 (Argentina) | November 2015 | – |
| 3054 (El Salvador) | June 2015 | – |
| 3076 (Maldives) | November 2022 | – |
| 3078 (Argentina) | March 2018 | – |
| 3098 (Türkiye) | June 2016 | November 2017 |
| 3100 (India) | March 2016 | – |
| 3167 (El Salvador) | November 2017 | – |
| 3180 (Thailand) | March 2017 | March 2021 |
| 3182 (Romania) | November 2016 | – |
| 3202 (Liberia) | March 2018 | – |
| 3248 (Argentina) | October 2018 | – |
| 3251 (Guatemala) | November 2022 | – |
| 3257 (Argentina) | October 2018 | – |
| 3285 (Plurinational State of Bolivia) | March 2019 | – |
| 3288 (Plurinational State of Bolivia) | March 2019 | – |
| 3289 (Pakistan) | June 2018 | October 2020 |
| 3313 (Russian Federation) | November 2021 | – |
| 3314 (Zimbabwe) | October 2019 | November 2022 |
| 3319 (Panama) | March 2022 | – |
| 3326 (Guatemala) | November 2022 | – |
| 3339 (Zimbabwe) | March 2022 | – |
| 3360 (Argentina) | March 2023 | – |
| 3364 (Dominican Republic) | March 2022 | – |
| 3369 (India) | November 2022 | – |
| 3375 (Panama) | June 2022 | – |
| 3385 (Bolivarian Republic of Venezuela) | March 2022 | – |
| 3399 (Hungary) | March 2022 | – |
| 3404 (Serbia) | November 2022 | – |
| 3408 (Luxembourg) | November 2022 | – |
| 3412 (Sri Lanka) | June 2022 | – |
| 3414 (Malaysia) | March 2023 | – |
| 3415 (Belgium) | November 2022 | – |
| 3426 (Hungary) | March 2023 | – |
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- 51. The Committee hopes that these Governments will quickly provide the information requested.
- 52. In addition, the Committee has received information concerning the follow-up of Cases Nos 1787 (Colombia), 1865 (Republic of Korea), 2341 (Guatemala), 2362 and 2434 (Colombia), 2528 (Philippines), 2533 (Peru), 2540 (Guatemala), 2566 (Islamic Republic of Iran), 2583 and 2595 (Colombia), 2637 (Malaysia), 2652 (Philippines), 2656 (Brazil), 2684 (Ecuador), 2694 (Mexico), 2699 (Uruguay), 2706 (Panama), 2716 (Philippines), 2719 (Colombia), 2723 (Fiji), 2745 (Philippines), 2751 (Panama), 2753 (Djibouti), 2755 (Ecuador), 2758 (Russian Federation), 2763 (Bolivarian Republic of Venezuela), 2852 (Colombia), 2882 (Bahrain), 2896 (El Salvador), 2902 (Pakistan), 2924 and 2946 (Colombia), 2948 (Guatemala), 2949 (Eswatini), 2952 (Lebanon), 2954 (Colombia), 2976 (Türkiye), 2979 (Argentina), 2980 (El Salvador), 2985 (El Salvador), 2987 (Argentina), 2995 (Colombia), 2998 (Peru), 3006 (Bolivarian Republic of Venezuela), 3010 (Paraguay), 3016 (Bolivarian Republic of Venezuela), 3019 (Paraguay), 3020 (Colombia), 3022 (Thailand), 3024 (Morocco), 3030 (Mali), 3032 (Honduras), 3033 (Peru), 3036 (Bolivarian Republic of Venezuela), 3040 (Guatemala), 3043 (Peru), 3056 (Peru), 3059 (Bolivarian Republic of Venezuela), 3061 (Colombia), 3069 (Peru), 3075 (Argentina), 3095 (Tunisia), 3097 (Colombia), 3102 (Chile), 3103 (Colombia), 3104 (Algeria), 3119 (Philippines), 3131 and 3137 (Colombia), 3139 (Guatemala), 3146 (Paraguay), 3150 (Colombia), 3164 (Thailand), 3170 (Peru), 3171 (Myanmar), 3172 (Bolivarian Republic of Venezuela), 3183 (Burundi), 3188 (Guatemala), 3191 (Chile), 3194 (El Salvador), 3220 (Argentina), 3236 (Philippines), 3240 (Tunisia), 3267 (Peru), 3272 (Argentina), 3278 (Australia), 3279 (Ecuador), 3283 (Kazakhstan), 3286 (Guatemala), 3287 (Honduras), 3310 (Peru), 3316 (Colombia), 3317 (Panama), 3323 (Romania), 3333 (Colombia), 3341 (Ukraine), 3343 (Myanmar), 3347 (Ecuador), 3374 (Bolivarian Republic of Venezuela), 3378 (Ecuador), 3386 (Kyrgyzstan), 3401 (Malaysia), 3407 (Uruguay) and 3410 (Türkiye) which it will examine as swiftly as possible.
Closure of follow-up cases
Closure of follow-up cases- 53. In its November 2018 report (GB.334/INS/10), the Committee informed the Governing Body that, from that moment onwards, any cases in which it was examining the follow-up given to its recommendations, for which no information has been received either from the government or from the complainant for 18 months since the last examination of the case would be considered closed. At its current session, the Committee applied this rule to the following case: 3331 (Argentina).
