Informe provisional - Informe núm. 350, Junio 2008

Caso núm. 2465 (Chile) - Fecha de presentación de la queja:: 29-NOV-05 - Cerrado

Allegations: Use of police to prevent strikers from demonstrating and arrest of trade unionists; establishment of an employer-controlled trade union; anti-union dismissals

1. 341. This case was last examined by the Committee at its March 2007 meeting and on that occasion it presented an interim report to the Governing Body [see 344th Report, paras 668–724].
2. 342. The Government sent partial observations in a communication dated 26 February 2008.
3. 343. Chile has ratified the Freedom of Association and Protection of 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. 344. In its previous examination of the case, the Committee made the following recommendations [see 344th Report, para. 724]:
2. – The Committee requests the Government to communicate to it the outcome of legal proceedings against Felipe Andrés Cofre Arriagada, Gonzalo Alberto Orellana Salazar and Víctor Manuel Vidal Bustamante (for offences involving damage and theft) and against the trade union delegate and member of the bargaining committee, Claudio Elgueta Valenzuela (allegedly in connection with a court case dating back to June 2004), as well as its observations on the alleged repeated interventions of the police in the demonstration and march held by the strikers on 28 November 2005.
3. – The Committee requests the Government to send, without delay, specific observations on the latest communication of the complainant organization alleging the anti-trade union dismissal of several trade unionists (some of which at least, according to the allegations, have been deemed illegal by the administrative authorities), and the establishment of an employer-controlled trade union organization financed by the company. The Committee also requests the Government to communicate to it the outcome of the ongoing administrative inquiry into a complaint alleging anti-trade union practices on the part of the company.
4. B. The Government’s reply
5. 345. In its communication dated 26 February 2008, the Government states that, in response to a request for information about the status of the proceedings referred to by the Committee, the Regional Public Prosecutor’s Office, Eastern Zone, indicated that Case RUC No. 0500658262-3 had been provisionally shelved since 23 May 2006, in accordance with the provisions of article 167 of the Code of Criminal Procedure, as no further information had appeared to warrant pursuing the proceedings. The Government states that it has no further information to provide on this matter.

C. The Committee’s conclusions

1. 346. The Committee observes that when examining this case at its March 2007 meeting, it requested the Government to communicate to it the outcome of legal proceedings against Felipe Andrés Cofre Arriagada, Gonzalo Alberto Orellana Salazar and Víctor Manuel Vidal Bustamante (for offences involving damage and theft) and against the trade union delegate and member of the bargaining committee, Claudio Elgueta Valenzuela (allegedly in connection with a court case dating back to June 2004), as well as its observations on the alleged repeated interventions of the police in the demonstration and march held by the strikers on 28 November 2005. The Government was also asked to send specific observations on the anti-union dismissals at the enterprise Interparking Ltda. and the alleged establishment of an employer-controlled trade union organization financed by the company.
2. 347. With regard to the legal proceedings against trade unionists Felipe Andrés Cofre Arriagada, Gonzalo Alberto Orellana Salazar and Víctor Manuel Vidal Bustamante (for offences involving damage and theft) and against the trade union delegate and member of the bargaining committee, Claudio Elgueta Valenzuela (allegedly in connection with a court case dating back to June 2004), the Committee notes the Government’s statement that in response to a request for information about the status of the proceedings referred to by the Committee, the Regional Public Prosecutor’s Office, Eastern Zone, indicated that Case RUC No. 0500658262-3 had been provisionally shelved since 23 May 2006, in accordance with the provisions of article 167 of the Code of Criminal Procedure, as no further information had appeared to warrant pursuing the proceedings. In view of this information, the Committee will not proceed with the examination of these allegations. Nevertheless, the Committee urges the Government to send its observations without delay on the alleged repeated interventions of the police in the demonstration and march held by the strikers on 28 November 2005.
3. 348. Concerning the anti-trade union dismissals at the enterprise Interparking Ltda. and the alleged establishment of an employer-controlled trade union organization financed by the company, which had remained pending, the Committee regrets that the Government has not sent its observations; it urges it to do so without delay, to carry out an inquiry into these matters, if this has not yet been done, and to send detailed information as to the outcome.

The Committee's recommendations

1. 349. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges the Government to send its observations without delay on the alleged repeated interventions of the police in the demonstration and march held by the strikers on 28 November 2005.
   • (b) The Committee urges the Government to send, without delay, its observations on the alleged anti-trade union dismissals at the enterprise Interparking Ltda. and the alleged establishment of an employer-controlled trade union organization financed by the company, to carry out an inquiry into these matters, if this has not yet been done, and to send detailed information as to the outcome.