Rapport intérimaire - Rapport No. 207, Mars 1981

Cas no 1012 (Equateur) - Date de la plainte: 01-DÉC. -90 - Clos

325. The complaint is contained in communications sent on 1 and 2 December 1980 by the National Federation of Peasant Organisations (FENOC), on 5 December 1980 by the Trade Unions International of Agricultural, Forestry and Plantation Workers, and on 9 December 1980 by the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL). The Government replied in communications dated 5 and 31 January 1981.

1. 325. The complaint is contained in communications sent on 1 and 2 December 1980 by the National Federation of Peasant Organisations (FENOC), on 5 December 1980 by the Trade Unions International of Agricultural, Forestry and Plantation Workers, and on 9 December 1980 by the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL). The Government replied in communications dated 5 and 31 January 1981.
2. 326. Ecuador 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. Allegations of the complainants

1. 327. The complainants allege that on 30 November 1980 a large force of the national police evicted the National Federation of Peasant Organisations (FENOC) and the Ecuadorian Central of Class Organisations (CEDOC) from the building in which their trade union premises are located, and add that on the next day a large number of workers of Quito and peasants from various provinces drove out the forces of order and thus recovered the building. According to FENOC the pretext for the eviction was that the new building had been sold.
2. 328. The complainants add that when the premises were recovered it was found that doors and walls had been damaged and that furniture, documents and other property of FENOC and CEDOC had been destroyed or had disappeared.
3. 329. In its communication of 1 December 1980 FENOC referred to the denial of legal recognition to one of the wings of CEDOC, whose President is Emilio Velasco, and FENOC, which is led by Mesías Tamamuez.
4. 330. Lastly, the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL) alleges in its communication of 9 December 1980 that Emilio Velasco, President of CEDOC, is in prison.

B. Reply of the Government

1. 331. In its communications the Government states that the eviction of FENOC and one of the wings of CEDOC was the result of legal action by the owner of the building for failure to pay the rent and that the police were present in order to protect the official who was to carry out the eviction, since there is no judicial police force in Ecuador.
2. 332. The arrest of Mr. Emilio Velasco, adds the Government, took place in other circumstances, following a complaint from the owners of a country estate that Mr. Emilio Velasco was fomenting and leading an invasion of the estate. According to the Government, Emilio Velasco was not at any time imprisoned and he was released as soon as the Ministry of the Interior and Police heard of his arrest.

C. Conclusions of the Committee

1. 333. The Committee notes that, according to the Government, the eviction of FENOC and one of the wings of CEDOC from their headquarters was the result of legal action by the owner of the building for non-payment of rent and that the police intervened to protect the official carrying out the eviction. Nevertheless, the Committee observes that the Government has transmitted no documentary evidence of the eviction order, nor has it remarked in detail on the state in which the premises were alleged to have been left after the eviction, nor on the destruction or disappearance of documents and other property. For this reason, the Committee, before taking a decision as to the substance of the case, must request the Government to send it additional information in this connection, together with the text of the above-mentioned court order.
2. 334. As regards the allegation relating to the denial of legal recognition to the wing of CEDOC of which Emilio Velasco is President and to FENOC, led by Mesías Tamamuez, given the general nature of the allegations and the fact that this question has already been dealt with in an earlier case, the Committee refers to the comments it made at that time.
3. 335. As regards the arrest of Emilio Velasco, President of one of the wings of CEDOC, the Committee notes that this arrest appears to be unconnected with his trade union activities and that he was released as soon as the Ministry of the Interior and Police learned of his arrest and that he was not imprisoned at any time; the Committee accordingly considers that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 336. In these circumstances the Committee recommends the Governing Body to approve the present interim report and in particular to request the Government to send it the text of the eviction order of the court and detailed information on the allegations concerning the disappearance of trade union documents and on the condition in which the trade union premises were left following the eviction.
   • Geneva, 26 February 1981. (Signed) Roberto AGO, chairman.