Rapport intérimaire - Rapport No. 204, Novembre 1980

Cas no 953 (El Salvador) - Date de la plainte: 12-MARS -80 - Clos

1. 334. In a telegram dated 12 March 1980, the international Confederation of Free Trade Unions (ICFTU) presented a complaint of infringement of trade union rights in El Salvador. Also, additional information was received from the complainant organisation in two letters dated 18 March and 18 July 1980, respectively. These various communications were forwarded to the Government, which supplied observations in a letter dated 24 September 1980.
2. 335. As outlined in paragraphs 4 and 12 of this report, numerous other complaints concerning alleged violations of freedom of association have been receives, which are the subject of Cases Nos. 844, 873, 904, 973 and 1 000. The complaints mainly concern violent deaths, ill-treatment and arrests of trade union leaders and searches of trade union premises. These complaints have been transmitted to the Government, which has not yet sent its observations. The Committee deplores this situation, and intends to examine these cases at its next session.
3. 336. El Salvador has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations of the complainant organisation

1. 337. In its communications of 12 and 18 March 1980, ICFTU alleged that trade union leaders of the Federation of Unions of Workers in the Construction, Transport and Allied Industries (FESINCONSTRANS), which is affiliated to it and represents rural workers among others, were threatened by members of the National Guard of El Salvador on 23 February 1980 while they were upholding wage claims made by the workers. The complainant organisation specifies that the threats were directed against Jorge Alberto Casillo Muñoz, Hector Cáncamo Gomez, Juan Pablo Portillo, Jorge Alberto Esquivel and Carlos Antonión Tejada. The complainant organisation also alleges that on 27 February 1980 the armed forces broke into the premises of FESINCONSTRANS at San Miguel, threatening the trade unionists Zózimo Mercado and Antonio Arias González and destroying the trade union files.
2. 338. Further allegations were made by ICFTU on 18 July 1980 to the effect that on 24 June 1980 armed forces attacked rural workers who had called a peaceful strike to get the management of the undertaking El Granjero SA to accept a number of wage claims under discussion for two months. According to the complainant organisation, Tomás Rosales, a leader of the workers' union Granja Santa Inés, affiliated to FESINCONSTRANS, was killed during these clashes and four otter trade unionists wounded.
3. 339. ICFTU also alleges teat Carlos Hernández, a leader of the local trade union mentioned above, was carried off and that the place where he is being held is still unknown despite the approaches which FESINCONSTRANS has made to the authorities, both the Ministry of Defence and the Private Secretariat of the Government Junta, to ascertain his whereabouts.

B. Reply of the Government

1. 340. In its letter dated 24 September 1980, the Government explains that a peaceful work stoppage was in fact held on 24 June 1960 at the undertaking El Granjero SA but the police force had to intervene in order to disperse the strike pickets threatening to damage the undertaking's property, particularly as a number of persons known for their terrorist proclivities had infiltrated their ranks, including Carlos Hernández who, having incited his companions to disturb the public order, had to be arrested by the military authorities. However, he was released on 29 June 1980, adds the Government, which has supplied a copy of a statement signed by Mr. Hernandez at the time of his release recognising that he had incited his companions to carry out a work stoppage constituting a disturbance of public order.

C. Conclusions of the Committee

1. 341. The Committee notes that in the present case the issues raised relate, on the one hand, to the occupation of trade union premises, the destruction of files and threats directed against trade union leaders upholding the wage claims of rural workers and, on the other, to the intervention of the armed forces to break a peaceful strike, the death of a trade unionist and the wounding of several others during clashes with the military forces, as well as the arrest of a trade union leader.
2. 342. Regarding the occupation of trade union premises, the destruction of files and threats against trade union leaders, the Committee notes that the Government has not yet supplied any observations.
3. 343. Regarding the intervention by the armed forces to break a strike in the undertaking El Granjero SA and the arrest of a trade union leader during the dispute, the Committee takes note of the explanations supplied by the Government to the effect that persons known for their terrorist proclivities had infiltrated among the strikers, including Carlos Hernández who was arrested on 24 June and released on 29 June 1980. It emerges from the information supplied by the Government, however, that Mr. Hernandez was arrested only for having incited the workers to strike, and that the work stoppage had a peaceful character.
4. 344. First of all, as regards the complaint relating to the events at the undertaking El Granjero SA, the Committee observes that the Government has made no comment about the death of a trade union leader and the wounding of several others resulting from clashes with the armed forces when the latter intervened to put an end to the strike.
5. 345. In this connection, the Committee must however recall that in cases where the dispersal of demonstrations has resulted in loss of human life and injury, it has always' attached special importance to the need to proceed immediately to an impartial and full inquiry to determine responsibility for the action.
6. 346. Further, as regards the intervention of the armed forces to put an end to the strike, the Committee wishes first of all to stress the importance it attaches to the principle that the right to strike must be regarded as one of the essential means available to workers and their organisations for protecting their economic and, social interests. The Committee has also implied on several occasions that it regards the use of police for strike-breaking purposes as an infringement of trade union rights, adding that the intervention of the police should be limited to the maintenance of public order.

The Committee's recommendations

1. 347. In these circumstances, the Committee recommends the Governing Body:
   • (a) regarding the intervention of the armed forces during the strike at the undertaking El Granjero SA:
   • (i) to draw the attention of the Government to the considerations set forth in the above paragraph, especially the fact that use of police for breaking a strike constitutes an infringement of trade union rights and that the intervention of the police should be limited to the maintenance of public order;
   • (ii) to invite the Government in connection with the allegations relating to the death of Tomás Rosales and the wounding of four other trade unionists to state whether a judicial inquiry has been carried out to determine responsibility for the action and to supply its results as soon as they are available;
   • (iii) to note that the trade union leader Carlos Hernández, arrested during the strike, has been released;
   • (b) to request the Government to supply its observations concerning the allegations relating to the occupation of trade union premises, the destruction of files and threats directed against trade union leaders upholding the wage claims of rural workers;
   • (c) to take note of this interim report.