Rapport intérimaire - Rapport No. 238, Mars 1985

Cas no 1199 (Pérou) - Date de la plainte: 26-AVR. -83 - Clos

1. 261. The Committee examined this case at its February l984 meeting, when it submitted an interim report to the Governing Body. (See 233rd Report, paras. 565 to 579, approved by the Governing Body at its 225th Session (February-March l984)).
2. 262. Since the Government had not replied to the allegations which remained pending, the Committee addressed an urgent appeal to it at its November l984 meeting (see 236th Report, para. ll), drawing the Government's attention to the fact that, in conformity with the current procedure, it would present a report at its next meeting on the substance of the case even if the Government's observations had not been received by that date. Since then no reply has been received from the Government.
3. 263. Peru has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 087), and the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. Previous examination of the case

1. 264. When the Committee examined the case at its February 1984 meeting, it made the following recommendations regarding the allegations which remained pending (see 233rd Report, para. 579): The Committee deeply deplores the death of the miner Gelacio Bernardo Mendoza and the injury of several other workers. Given the contradiction which exists between the version of the Government and that of the complainants concerning the alleged events, it expresses the hope that the judicial proceedings under way will establish responsibilities and punish those found guilty. The Committee asks the Government to inform it of the results of the legal action taken concerning the alleged events. The Committee asks the Government to send its observations on the dismissal of Exhaltacion Raymundez Valverde and Ceferino Santos Blas.
2. 265. In connection with the two last-mentioned workers, the National Federation of Mining and Metallurgical Workers of Peru claimed that the Santa Luisa Mining Company dismissed them for the part they had taken in a public protest of workers on 24 March 1983 as a result of the aggression suffered by a number of trade union leaders the day before at the hands of two police officers. It was during this protest that the miner Gelacio Bernardo Mendoza was killed and other workers injured (see 233rd Report, paras. 568 and 569).

B. The Committee's conclusions

1. 266. The Committee regrets that the Government has not sent the information requested by it when it examined the case at its February 1984 meeting, the more so since some of the allegations are of an extremely serious nature and since at its November 1984 meeting it had addressed an urgent appeal to the Government requesting it to transmit its observations without delay. (See 236th Report, para. 11.) Given the fact that the Government has not replied since the Committee's February 1984 meeting, the Committee is obliged to present a report to the Governing Body even in the absence of observations on the allegations.
2. 267. In these circumstances the Committee repeats the conclusions which it reached at its February 1984 meeting, and urges the Government to send it the information which it requested on that occasion regarding the death of the miner Gelacio Bernardo Mendoza and the assaults made on other workers. The Committee recalls that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.

The Committee's recommendations

1. 268. In these circumstances the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions: a) The Committee regrets that the Government has not sent the information requested by it at its February 1984 meeting regarding the allegations which remained pending. b) The Committee urges the Government to inform it of the results of the penal proceedings taken in respect of the death of the miner Gelacio Bernardo Mendoza and the assaults made on other workers of the Santa Luisa Mining Company. The Committee recalls that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed. c) The Committee urges the Government to send its observations on the dismissal of Exhaltacion Raymundez Valverde and Ceferino Santos Blas.