Rapport intérimaire - Rapport No. 234, Juin 1984

Cas no 1190 (Pérou) - Date de la plainte: 23-MARS -83 - Clos

1. 500. The complaints are contained in communications from the International Confederation of Free Trade Unions (ICFTU), the World Federation of Trade Unions (WFTU), the Peruvian General Confederation of Workers (CGTP), and the Federation of Municipal Workers of Peru, dated 23 March and 3, 4 and 6 June 1983, respectively. The ICFTU sent additional information in a communication dated 26 May 1983. The Government replied in communications of 19 July, 5 October and 17 November 1983, and 30 January 1984.
2. 501. Peru has ratified the Freedom of Association and the Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 502. In its communication of 23 March 1983, the ICFTU alleges that on 10 March 1983, the four trade union federations which make up the Democratic Trade Union Front declared a national strike to call for an overall wage increase in line with increases in the cost of living, a halt to the rise in prices of basic essentials, a selective moratorium and a rescheduling of payments to cover the foreign debt by reviewing agreements signed with the International Monetary Fund, and the re-examination of petroleum contracts.
2. 503. According to the ICFTU, the Republican Guard violently put down the workers during the strike in the various departments of the country. As a result of this action, the following workers died in the Comas district (Lima): Sixto Pérez Sánchez, José Antonio Monayco, Liborio Alfonso Aguilar and Hermenegildo Juliàn Huatuco. Furthermore, an indeterminate number of workers were injured and some two-hundred are being detained in various state security prisons. Similarly, according to the CGTP, the following CGTP union officials were also arrested: Jorge Rabines Bartra, Hernán Espinoza Segovia and Juan Calle Mendoza.
3. 504. The ICFTU points out that before the national strike began, the Government decreed a state of national emergency which lasted for five days, suspending constitutional rights with respect to freedom of movement, public demonstrations and habeas corpus.
4. 505. In its communication of 26 May 1983, the ICFTU alleges that between 10 and 14 April 1983, four teachers belonging to the Peruvian Trade Union of Educational Workers (Patrocinio Quicha Espinoza, Milton Hernán Gutiérrez Araújo, Virgilio Hauranca and Estilo Ayala), were murdered by the Civil Guard, after having been accused of collaborating with the guerilla movement. The ICFTU states that these teachers from the provinces of Cangallo and Huamanga (department of Ayacucho) were arrested and executed extra judicially by the Civil Guard of this department, which was in a state of emergency following the increase in murders and other activities carried out by the guerilla group "Sendero Luminoso"; as a result, civil liberties had been suspended. According to the ICFTU, the Civil Guard maintains that both persons executed were members of "Sendero Luminoso".
5. 506. The ICFTU also alleges the murder of two teachers: Oswaldo Castañeda Filón and Heraclio Palomino Ayala. Mr. Castañeda (Director of the Paras secondary school) was seized by the Civil Guard in a classroom and later shot after having been pushed up against the walls of his house. According to many witnesses, Mr. Palomino, was arrested by the Civil Guard and escorted to his home by members of this police force who then proceeded to interrogate him in front of his family to force him to name guerillas' support groups and their members within the community, threatening to burn his house down if he did not co-operate. As these threats did not have any effect and in view of the resistance put up by members of his family, Mr. Palamino was shot dead.
6. 507. Furthermore, the complainants make allegations concerning the right to strike. The Federation of Municipal Workers of Peru refers to Supreme Decree No. 0010-83-PCM, dated 25 February 1983, section 1 of which establishes that "the determination of whether collective work stoppages infringed the provisions laid down in Supreme Decrees Nos. 03-82-PCM and 026-82-JUS (applicable to public servants) shall lie with the authority concerned and judges of public institutions in cases involving employees with public sector status as defined in Act No. 11377". The Federation of Municipal Workers of Peru considers the fact that the employer may play the role of "both judge and judged" and be able to declare a strike illegal constitutes an abuse of power.
7. 508. The complainants also object to a bill submitted urgently to Parliament by the Government on 30 May 1983, which establishes penalties for those who promote strikes, work stoppages and actions disrupting law and order. According to the CGTP, this bill stipulates that anyone accused of "causing damage to private property", "holding up traffic" etc., may be sentenced to one or more years' imprisonment and the trade union organisations and its members made to pay compensation. The WFTU alleges that anyone locking up civil servants during a strike may be sentenced to one years' imprisonment and anyone going on hunger strike may be sentenced to three years' imprisonment; in addition, the bill provides for heavier sentences if the actions it forbids are carried out during a state of emergency or state of seige.
8. 509. In its communication of 4 June 1983, the CGTP alleges that upon a mere request from employers, the Ministry of Labour cancels out the registration of trade union organisations; this has occurred in the case of the National Federation of Film Workers, the Union of Workers at FINISTERRE Ltd., and the TTX Workers' Union.
9. 510. The CGTP also alleges the arrest of Jesús Ramírez Alejo (Secretary-General of the Regional CGTP in Callao) on 7 June 1983 and the breaking into of the premises belonging to the Federation of Peruvian Crew Members (with its headquarters in Callao). The CGTP also alleges the arrest of Gregorio Bazán Tello (Vice-Chairman of the CGTP) and points out that Augusto Huasasquiche (Organisational Secretary of the CGTP) had been harassed. Finally, the complainant makes allegations concerning the Government's economic policy and its interference in collective bargaining (it also submitted similar allegations within the framework of Case No. 1206).

B. The Government's reply

1. 511. The Government states that during the work stoppage organised by the CGTP on 10 March 1983, also carried out by other trade union confederations and left-wing political organisations, the Government suspended constitutional rights and adopted security measures required by the situation in order to maintain order and public safety. According to the Government, the main avenues of Cono Sur were blocked by strike pickets which attempted to obstruct the traffic, causing disturbances, undermining safety and the public order and endangering the physical safety of members of the Republican Guard. At points situated 4.5 and 6.5 km up the Túpac Amaru avenue, the strikers stoned two "ENATRU-PERU" transport units, and, under such circumstances, the members of the Republican Guard entrusted with safeguarding these mobile units made use of their firearms to repulse the attack; as a result of this action, there was a number of dead and wounded.
2. 512. The Government adds that, once the events had been examined by the "Dirección de Delitos contra la Vida" (Department of Offences against the Person), two statements were drawn up and submitted to the Fourth Provincial Prosecutors' Department and the 19th Court of Investigation; 84 persons were arrested for offences against life, personal safety and health, against the national heritage and against public safety and order. The Government points out that the deaths, injuries and arrests which had occurred were the direct consequence of the acts of aggression and state of confusion perpetrated by the "strike pickets", which had in no way hesitated to make violent attacks on heavy transport units with a view to obstructing traffic; this demonstration failed to remain within any labour or peaceful context and turned into vandalism.
3. 513. With respect to the allegations concerning the murder of five teachers between 10 and 14 April 1983, the Government denies that there are any extra-judiciary executions in Peru and maintains that the version of the facts given by the ICFTU is inexact. According to the Government, the teachers Patrocinio Quiche Espinoza, Virgilio Fortunato Huaranca Araújo and Estilo Ayala Huaranca (the latter of which was not a teacher) were at a gathering on the Calahuma hill, where slogans were being brandished and speeches given by commrade "Gonzalo" and the "Sendero Luminoso" movement. Upon the arrival of the Civil Guard, which was on patrol according to the "Cóndor I" operation, they ignored its orders to stop and, as a result, the above-mentioned persons were killed. The Government adds that Palamino Ayala Heraclio and Pablo Oswaldo Castañeda were murdered by subversive elements; in the first case, this was discovered following a denunciation by Angélica Reynaga Portal and in the second case, this fact was ascertained after inquiries opened by the Provincial Prosecutor's Department. As for Milton Hernán Gutiérrez Araújo, he is alive and working as a teacher in Paras-Cangallo.
4. 514. The Government states that the occurrences in question were not connected with labour problems and constituted even less an infringement of trade union rights; they were of a criminal nature, prompted by a subversive movement generally known as "Sendero Luminoso" which is devoted to terrorist acts, mainly in the region of Ayacucho.

C. The Committee's conclusions

1. 515. With respect to the death of four workers and the persons wounded and arrested as a result of the national strike on 10 March 1983, the Committee notes that, according to the Government, these occurrences were a direct result of acts of aggression and the state of confusion perpetrated by the "strike pickets" (blocking of the main avenues obstructing the traffic, disturbances, actions undermining public safety and order and endangering the physical safety of members of the Republican Guard).
2. 516. The Committee also notes the information provided by the Government on the deaths and injuries which occurred, especially the fact that the strikers stoned two "ENATRU-PERU" transport units, upon which the members of the Republican Guard (entrusted with safeguarding these mobile units) made use of their firearms to repulse the attack. In this respect, the Committee deeply deplores the deaths and actions endangering physical safety which occurred. It also observes that the Government's version of the events does not enable one to rule out the possibility that the Republican Guard's use of firearms might have been substituted by measures more appropriate to the situation. The Committee requests the Government to inform it of the outcome of the inquiries undertaken by the ordinary courts into the deaths and actions endangering physical safety which occurred.
3. 517. Furthermore, the Committee notes the arrest, under judicial control, of 84 persons for offences against the life, personal safety and health of individuals, against the national heritage and against public safety and order. The Committee requests the Government to inform it of the outcome of the judicial inquiries on this matter and to send it detailed information on the arrest of the CGTP leaders Jorge Rabines Bartra, Hernán Espinoza Segovia and Juan Calle Mendoza.
4. 518. Concerning the allegation that six teachers belonging to the Peruvian Trade Union of Educational Workers had been murdered between -10 and 14 April 1983, the Committee notes that, according to the Government, one of these persons (Estilo Ayala Huaranca) was not a teacher and that another (Milton Hernán Gutiérrez Araújo) is alive and working as a teacher. The Committee also notes that, according to the Government, the teachers Patrocinio Quicha Espinoza, Virgilio. Huaranca and Estilo Ayala were at a gathering on the Calahuma hill, at which slogans were being brandished and speeches given on the subversive movement "Sendero Luminoso" and that they failed to obey the order to stop given by a patrol of the Civil Guard, resulting in the death of the above-mentioned persons. The Committee also notes the Government's statement that Palamino Ayala and Pablo Oswaldo Castañeda were murdered by subversive elements, in the first case, according to a denunciation made by an individual, and in the second case according to inquiries commenced by the Provincial Prosecutor's Department. The Committee therefore observes that the accounts given by the ICFTU and the Government on the death of the teachers differ.
   • In these circumstances, the Committee deeply deplores the death of the teachers Patrocinio Quicha Espinoza, Virgilio Huaranca, Palomino Ayala and Pedro Pablo Castañeda and of Mr. Estilo Ayala. It notes, however, that the information provided by the complainants and by the Government does not contain elements enabling it to be established whether the deaths were linked to the trade union membership or activities of those concerned.
5. 519. Finally, the Committee notes that the Government has not replied to the remaining allegations: limitations on the right to strike contained in Supreme Decree No. 0010-83-PCM of 25 February 1983 and the Bill on the Right to Strike, submitted to Parliament by the Government on 30 May 1983; the cancellation of the registeration of the National Federation of Film Workers, the Workers Union of FINISTERRE Ltd., and the TTX Workers' Union; the arrest of the CGTP trade union leaders Jesús Ramírez Aleyo and Gregorio Bazán Tello and the harassment to which the trade union leader Augusto Huasasquiche had allegedly been subject; the raid on the permises of the Peruvian Crew Member's Federation. The Committee requests the Government to send its observations on these allegations.

The Committee's recommendations

1. 520. In these circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) The Committee deeply deplores the death of four workers and actions endangering physical safety which occurred as a result of the national strike on 10 March 1983. It observes moreover that the Government's version of the events does not enable one to rule out the possibility that the Republican Guard's use of firearms might have been substituted by measures more appropriate to the situation. The Committee requests the Government to inform it of the outcome of the inquiries undertaken by the ordinary courts on the above-mentioned deaths and actions endangering physical safety.
   • (b) Also in connection with the national strike, the Committee notes the arrest, under judicial control, of 84 persons for common law offences. The Committee requests the Government to inform it of the outcome of the judicial inquiries on this matter and to send it detailed information on the arrest of the CGTP leaders Jorge Rabines Bartra, Hernán Espinoza Segovia and Juan Calle Mendoza.
   • (c) The Committee deeply deplores the death of the teachers Patrocinio Quicha, Vigilio Huaranca, Palomino Ayala, Pedro Pablo Castañeda and of Mr. Estilo Ayala. It notes, however, that the information provided by the complainants and by the Government does not enable it to be established whether these deaths were linked to the trade union membership or activities of those concerned.
   • (d) Finally, the Committee notes that the Government has not replied to the remaining allegations: restrictions on the right to strike contained in Supreme Decree No. 0010-83-PCM of 25 February 1983 and the bill on the right to strike submitted to Parliament by the Government on 30 May 1983; the cancellation of the registration of the National Federation of Film Workers, the Union of Workers at FINESTERRE Ltd., and the TTX Workers' Union; the arrest of the CGTP union leaders Jesús Ramirez Alejo and Gregorio Bazán Tello and the harassment to which the trade union leader Augusto Huasasquiche had allegedly been subjected; and the raid on the premises of the Peruvian Crew Members' Federation. The Committee requests the Government to send it its observations on these allegations.