Informe provisional - Informe núm. 408, Octubre 2024

Caso núm. 3395 (El Salvador) - Fecha de presentación de la queja:: 14-AGO-20 - Activo

Allegations: Murder of a trade union official

1. 333. The Committee last examined this case at its October 2023 meeting, when it presented an interim report to the Governing Body [see 404th Report, paras 337–349, approved by the Governing Body at its 349th Session (October–November 2023)]. 
2. 334. The Government of El Salvador sent its observations in communications dated 6 June and 31 July 2024.
3. 335. El Salvador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Workers’ Representatives Convention, 1971 (No. 135), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 336. At its October 2023 meeting, the Committee made the following recommendations [see 404th Report, para. 349]:
   • (a) The Committee deeply deplores the lack of information on progress in the investigations into the murder of the trade union official, Mr Meléndez, and once again urges the Government to take all necessary steps to ensure that the competent authorities: (i) prioritize the ongoing investigations and devote all necessary efforts to identify and punish without delay both the instigators and perpetrators of the murder; and (ii) take full account in the investigations of all relevant elements arising from Mr Meléndez’s trade union activities. The Committee requests the Government to keep it informed, without delay, of the progress made in this respect.
   • (b) The Committee urges the Government to ensure that all of the competent state authorities take the necessary actions to provide the members of the union to which Mr Meléndez belonged with adequate protection against any act that may cause prejudice to them by reason of their participation in union activities. The Committee requests the Government to provide specific information in this respect.
   • (c) The Committee urges the Government to keep it informed of any progress in the handling of the "Proposal for reform of the Criminal Code" initiative, which was drafted by the Ministry of Labour and Social Welfare with the aim of improving the protection of the freedom of association of trade union leaders. The Committee reminds the Government that it can seek technical assistance from the Office in this respect.
   • (d) The Committee draws the Governing Body's attention to the serious and urgent nature of this case.

B. The Government’s reply

1. 337. In its communications dated 6 June and 31 July 2024, the Government provides information submitted by the Office of the Prosecutor-General about progress in the investigations into the murder of trade union official, Mr Weder Arturo Meléndez Ramírez. The Government indicates in particular that: (i) as a result of a joint operation between the Office of the Prosecutor-General and the National Civil Police, on 20 October 2023 members belonging to the “18 revolutionary” gang were captured and identified as responsible for the murder of Mr Meléndez; (ii) on 1 November 2023, criminal proceedings were brought before the Specialized Court against Organized Crime (No. 4) (Judge No. 1) against the aforementioned individuals, on charges of aggravated homicide; and (iii) the criminal proceedings are at the investigation stage, with due process being observed, and the Committee will be informed of the final ruling in due course.

C. The Committee’s conclusions

1. 338. The Committee recalls that the present case refers to the denunciation of the murder for anti-union reasons of Mr Weder Arturo Meléndez Ramírez, a trade union official and worker of the Municipality of San Salvador, which occurred on 7 August 2020 in San Salvador. The Committee notes the information provided by the Government in June and July 2024, according to which: (i) on 20 October 2023 members belonging to the “18 revolutionary” gang were captured and identified as responsible for the murder of Mr Meléndez; (ii) on 1 November 2023, criminal proceedings were brought before the Specialized Court against Organized Crime (No. 4) (Judge No. 1) against the aforementioned individuals, on charges of aggravated homicide; and (iii) the criminal proceedings are at the investigation stage, with due process being observed.
2. 339. The Committee welcomes progress in the investigation into the murder of Mr Meléndez reported by the Government and trusts that the criminal proceedings under way will identify and punish without delay both the instigators and perpetrators of the murder. The Committee requests the Government to keep it informed in this regard.
3. 340. The Committee notes that the Government has not provided information on actions taken to provide the members of the trade union to which Mr. Meléndez belonged with adequate protection against any act that may cause prejudice to them by reason of their participation in trade union activities. The Committee therefore reiterates its previous recommendation and requests the Government to keep it informed, without delay, of the measures taken in this regard.
4. 341. Lastly, the Committee notes that it has not received information from the Government on the handling of the “Proposal for reform of the Criminal Code” initiative, which was drafted by the Ministry of Labour and Social Welfare with the aim of improving the protection of freedom of association for trade union officials and members. While underlining the importance of having a legislative framework that allows for swift and dissuasive punishment of acts of anti-union violence, the Committee refers this aspect of the case to the Committee of Experts on the Application of Conventions and Recommendations.

The Committee's recommendations

1. 342. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee trusts that the criminal proceedings under way will identify and punish without delay both the instigators and perpetrators of the murder of Mr Meléndez. The Committee requests the Government to keep it informed in this regard.
   • (b) The Committee firmly urges the Government to ensure that all of the competent state authorities take the necessary actions to provide the members of the union to which Mr Meléndez belonged with adequate protection against any act that may cause prejudice to them by reason of their participation in union activities. The Committee requests the Government to provide specific information in this respect.
   • (c) The Committee refers to the Committee of Experts on the Application of Conventions and Recommendations for follow-up of the handling of the “Proposal for reform of the Criminal Code” initiative, which was drafted by the Ministry of Labour and Social Welfare with the aim of improving the protection of freedom of association for trade union officials and members.
   • (d) The Committee once again draws the Governing Body's attention to the serious and urgent nature of this case.