Rapport intérimaire - Rapport No. 253, Novembre 1987

Cas no 1309 (Chili) - Date de la plainte: 03-OCT. -84 - Clos

1. 257. The Committee has examined this case on several occasions, most recently at its February 1987 meeting, when it presented an interim report to the Governing Body (see the 248th Report, paras. 437-492, approved by the Governing Body at its 235th Session (March 1987)).
2. 258. Subsequently, the ILO received the following communications from the complainants: Professional Association of Teachers of Chile (AGECH): 17 February 1987; World Confederation of Organisations of the Teaching Profession (WCOTP): 19 February and 3 April 1987; International Confederation of Free Trade Unions (ICFTU): 12 and 26 March, 14 April, 10, 12 and 22 October 1987; National Confederation of Trade Unions of Leather and Shoe Workers (ex FONACC): 21 April 1987; Unity Confederation of Chilean Workers (CUT): 9 June 1987; the National Confederation of Textile and Allied Workers' Federations and Trade Unions of Chile (CONTEXTIL): 25 August 1987; the National Confederation of Trade Unions, Federations and Associations of Chilean Workers in the Private Sector (CEPCH): August 1987; International Federation of Plantation, Agricultural and Allied Workers: 30 September 1987. The Government transmitted observations in communications of 26 February, 18 May and 15 September 1987. Shortly before its meeting, the Committee received observations from the Government dated 26 October 1987 and concerning the CUT's allegations, which will be examined at its next meeting in February 1988.
3. 259. Chile has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087) northe Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. Previous examination of the case

1. 260. During the most recent examination of the case, several allegations presented by the WCOTP, the ICFTU and several national confederations remained pending.
2. 261. In a joint communication, several Chilean national confederations reported that unidentified persons had visited the homes of Manuel Caro Castro and Enrique Avendaño Atenas, leaders of the Catering Confederation and the El Sucro Peasants' Confederation, respectively.
3. 262. The WCOTP alleged that Beatriz Brikmann Scheihing had been detained since 24 September 1986, and reffered to the adoption by the Ministry of the Interior of Decree (No. 1766) of 28 May 1986 concerning the reduction of the number of teachers in municipal schools, which the WCOTP alleges was used as a pretext to dismiss well-qualified teachers because of their trade union activities.
4. 263. In support of these allegations, the WCOTP supplied a list of 55 leaders of the Professional Association of Teachers' Colleges of Chile (AGECH) and 15 leaders of the Teachers' College of Chile who were dismissed. It also supplied the breakdown, by province, of the number of dismissed teachers, which had then reached 3,835.
5. 264. For its part, the ICFTU attached to its communication a report prepared by the Centre for Trade Union Research and Assistance concerning events which took place during the celebration of Labour Day in Santiago on 1 May 1986 and, in particular, on the illegal search of the premises of the Confederation of Textile and Clothing Workers (CONTEVECH), and of the homes of several national trade union leaders. 265. At its March 1987 Session, the Governing Body approved, among others, the following recommendations of the Committee: (a) the Committee requests the Government to supply more detailed information on the charges brought against Mrs. Beatriz Brikmann Scheiling;
   • (b) the Committee requests the Government to supply its observations on the search of the premises of the Confederation of Textile and Clothing Workers and of the homes of several national trade union leaders, as well as on the dismissals allegedly carried out for trade union activities in the teaching sector.

B. New Allegations

1. 266. In a communication of 17 February 1987, the AGECH supplies a list of 81 AGECH leaders and 75 leaders of the Teachers' College of Chile who had been dismissed prior to 18 February, as well as a report on the geographical distribution of dismissed teachers, whose number has now reached 7'812.
2. 267. In its communication of 19 February 1987, the WCOTP reports that on 16 February 1987, Luis Muñoz, a trade union leader of the Teachers' College of Chile in Valparaiso, received an anonymous telephone call informing him that unless he and Andrés Reyes of the AGECH, Hugo Guzmán, leader of the Teachers' Trade Union of Viña del Mar, Maria Isabel Torres, leader of the Fifth District Teachers' College, Sergio Narváez and Florencio Valenzuela, president of the Workers in Commerce Trade Union, left the country before the month of March, action would be taken against them and their families; he interpreted this as a threat to their lives.
3. 268. In a communication of 3 April 1987, the WCOTP sends two new lists of teachers' trade union leaders who were dismissed under the Ministry of the Interior's Official Letter No. 1766 of 28 May 1986; the first list contains the names of 25 leaders of the Teachers' College, and the second the names of 57 leaders of the Professional Association of Teachers of Chile (AGECH). Both lists refer to the situation as at 1 March 1987.
4. 269. The International Confederation of Free Trade Unions (ICFTU), the International Federation of Free Teachers' Unions (IFFTU) and the Teachers' College of Chile state in a communication of 12 March 1987 that in 1981 the Govenment had undertaken an administrative reform of the Chilean educational system with the aim of transferring responsibility for and control over educational institutions from the Ministry of Education to the municipalities. This has resulted in a drastic change in the labour situation of Chilean teachers, and has been accompanied, in particular, by amendments to labour legislation which have the effect of subjecting teachers to market forces, to the detriment of previously won guarantees, stability and benefits. These measures are designed to reduce and fragment the Chilean teaching profession, as evidenced by the fact that more than 65 per cent of the dismissed teachers are accredited teachers with vast experience, many of whom held local trade union office in the Teachers' College; clearly, the intent is to limit the organisational capacity of the trade union.
5. 270. In its communication of 26 March 1987, the ICFTU alleges that on 25 March 1987 a peaceful national mobilisation of workers, convened by the National Grouping of Workers (CNT) to request an increase in wages, an end to the privitisation of nationalised enterprises, and respect of human and trade union rights, was violently broken up by police forces; among the injured were Manuel Bustos, Vice-President of the CNT, and Rodolfo Seguel, President of the CNT, who was later arrested along with Manuel Rodríguez and Luís Suárez, leaders of the same organisation.
6. 271. In its communication of 14 April 1987, the ICFTU sends additional information alleging the arrest of three leaders of the Teachers' College: Osvaldo Verdugo, Luís Cisternas and Pedro Soto, along with nine professors of the Santiago Centre, following a peaceful demonstration organised by the teachers on 26 February 1987 in front of the Ministry of Education to protest the massive dismissals.
7. 272. The ICFTU attaches to its communication a list of 83 leaders of the Teachers' College who have been dismissed, as well as a statistical table comparing the information furnished by the Ministry of Education and that furnished by the Teachers' College with respect to the number of teachers dismissed nationally, and a document containing critical observations and proposals in connection with the Ministry of the Interior's Official Letter No. 1766 of 28 May 1986 on the measures to be taken by municipalities with a view to reducing budgetary deficits in the educational sector.
8. 273. In its communication of 21 April 1987, the National Confederation of trade Unions of Leather and Shoe Workers (ex FONACC) alleges that the promulgation of Legislative Decree No. 2758 of 1979 on collective bargaining revoked a national collective agreement which had regulated labour relations among workers and employers in the leather and footwear industry for 25 years, thereby threatening to dispossess by administrative authority the workers of their rightful property.
9. 274. The communication reports that since 1955, employers have been under the obligation to contribute a sum equal to 20 per cent of their wage bill to an Occupational Benefit Fund, which had been administered exclusively by the workers since 1968. In 1961 the Fund purchased a construction and leasing enterprise (SOCORE), with a view to relieving the housing problems of leather and shoe workers. The workers are the only shareholders in this enterprise, which is managed by persons elected by the shareholders for this purpose. Sections 15 to 19 of Act No. 18018, promulgated on 14 August 1981, called for the dismantling of the Benefit Fund and appointed the Directorate of Social Security as liquidator; they further provided that the 20 per cent contribution which had theretofore been made to the Fund should be used to increase the wages of workers. As at the date of the Fund's liquidation (14 August 1981), the employers owed contributions in the amount of 55 million pesos (U$275,000), plus re-adjustments and interest. The communication states that these monies belong to the workers. The communication adds that, as at that date, neither the liquidation nor the wage increase had been carried out, because the Directorate of Social Security claimed that it was unable to liquidate the Fund while it did not have a control of the SOCORE enterprise which, it contends, belongs to the Fund. The workers have repeatedly stated that the SOCORE enterprise and the Fund are two separate entities and are thus governed by the different laws.
10. 275. The communication of the National Confederation adds that upon the termination of the national collective agreement and of the Benefit Fund, the enterprise will be forced into liquidation owing to a lack of revenue. The liquidation was approved at a special meeting, which appointed a liquidating committee which has already undertaken the corresponding measures. This decision of the directors of the enterprise (who are also directors of the Confederation) to go into liquidation was declared null and void on 7 October 1986 by the Securities and Exchange Commission - the body which currently controls the enterprise; its ruling was appealed by the enterprise's directors who requested the Court of Appeals to issue a restraining order, but none has yet been handed down.
11. 276. The National Confederation concludes by stating that if the Directorate of Social Security succeeds in gaining control over the SOCORE enterprise, it would take possession of the property of the National Confederation; while the proceeds of the liquidation would be turned over the workers, the liquidation would effectively destroy the trade union organisation of workers in this sector.
12. 277. In its communication of 9 June 1987, the Unity Confederation of Chilean Workers (CUT) furnishes new information concerning the complaints presented by the ICFTU, WCL, WFTU, IFFTU and WCOTP.
13. 278. The CUT alleges the infringement of certain trade union rights and reports the following events: - the murder of José Carrasco Tapia, a trade union leader of the Metropolitan Journalists' Council of 10 September 1986, as evidence by the action for relief filed on 12 September 1986 before the Court of Appeals of Santiago (Complaint No. 295-86);
    • - the arrest and ill-treatment of the President of the National Grouping of Workers (CNT), Rodolfo Seguel, of Jorge Pavez, President of the Professional Association of Teachers of Chile (AGECH), and of Guillermo Azula, national leader of the AGECH, on 24 March 1987, during a peaceful demonstration for the reinstatement of 8,000 teachers dismissed in 1987; - the imprisonment in the Santiago Penitentiary of the following miners: Domingo Alvial Mondaca, Adrián Cabrera R., José Delgado Z., Pedro Lobos P., Dagoberto López R., Ricardo Mondaca G., Mario Santibáñez, Emilio Vargas M., Raúl Vásquez I., Domingo Araza C., Armando Irrazábal C., Sergio Jeria I., Jean Jorquera I., Erasmo Mayolinca Ch., Marcos Sala B., Leonardo Torres G., and Yuri Vargas A., for participating in protest days calling for the respect of labour rights rights and denouncing tragic accidents in coal mines;
    • - appeals for relief filed bz the leaders of the Federation of Trade Unions of Self-employed and Temporary Workers before the Court of Appeals on 23 July 1986, to denounce the assault against Angel Arriagada Arriagada, a leader of the Federation, on 16 April 1986, and the search of the trade union office and the home of trade union leader Alejandro Olivarez Pérez, on 1 May 1986;
    • - the attempted homicide of Juan Espinoza, a national trade union leader of the Confederation of Maritime Workers (CONGEMAR), when his house was set on fire while he and his family were sleeping, in January 1987;
    • - refusal to allow entry to the country to several CUT trade union leaders, and the arrest of former trade union leaders Luis Guzmán, who is being illegally detained at the Santiago Penitentiary for having entered the country without the Government's prior authorisation in early 1984, and Mireya Baltra, a former national trade union leader of the CUT, who was illegally arrested in Puerto Aysén for having entered the country on 13 May 1987; the arrest and disappearance of Sergio Ruiz Lazo, a former textile trade union leader, after having entered Chile in 1985. The Government also continues to refuse entry to the country of many trade-unionists including: Rolando Caderón Aranquiz, former Secretary-General of CUT, and Hernán del Canto Riguelme, Luis Meneses Aranda, Mario Navarro Castro, Bernardo Vargas Fernandez, all former CUT national leaders.
14. 279. The CUT concludes its communication by denouncing the massive dismissal of 8,000 primary and secondary school and university teachers including 81 national and regional trade union leaders of the AGECH, and 77 national and regional leaders of the Teachers' College , alleging that the Government plans to raise the number of dismissed teachers to 27,000 during the course of this year.
15. 280. In a communication of 25 August 1987 the National Confederation of Federations and Trade Unions of Chilean Textile and Allied Workers (CONTEXTIL) describes the situation of workers at the Baby Colloky enterprise who, having endeavoured unsuccesfully for 12 years to resolve with management their wage, labour and social problems, decided on 20 June 1987 to incorporate all their claims in a collective agreement. The enterprise rejected all these requests, declaring them illegal, and refused to engage in discussions with, or to recognise, the workers' representatives who comprised the Bargaining Committee, in violation of Section 355 of the Labour Code. The communication also states that the mamagement of the Baby Colloky enterprise began to transfer machinery and personnel from another of its plants in order to replace workers' who wer legally on strike. Lastly, the communication from CONTEXTIL adds that supporting documentation setting out these facts was sent to the Labour Inspectorate and to the Ministry of Labour and Social Welfare, but that no reply had been received as the strike entered its 18th day.
16. 281. In its communication of August 1987 the National Confederation of Trade Unions, Federations and Associations of Chilean Workers in the Private Sector (CEPCH) denounces a situation which it claims arises from certain legal provisions enacted by the Chilean Government which, in its opinion, are contrary to the principles of Freedom of Association. The CEPCH states that it held its Fourth National Congress in June of this year; in accordance with the Confederation's by-laws, it proceeded to elect the 11 members of its National Board and appointed those candidates who received the greatest number of votes. The election was carried out democratically, and was supervised by a representative of the labour authorities, acting in an official capacity. Following the election, the newly elected trade union leaders were summoned to appear before the Provincial Labour Office of Santiago for the purpose of signing an affidavit concerning their political affiliations, if any. The elected trade union leaders initially refused to comply with this requirement, but finally aquiesced. The communication adds that this requirement arises from a number of provisions in Chilean Legislation which make the holding of trade union office incompatible with membership in a political party. These provisions are the following:
17. 1. Constitution of 1980
    • Article 19, paragraph 19: "Trade unions and their officials shall not participate in party politics."
    • Article 23, paragraph 1: "The holding of office in a trade union shall be incompatible with militancy in a political party."
    • Article 54: "The following persons are barred as candidates for office as congressmen or senators: (item 7): Persons holding a trade union or similar office. (Last item): The provisions of this article shall apply to persons who have held any of the above-mentioned offices within a two-year period preceding the election; candidates who are not elected shall not return to the same previous office, nor be appointed to similar offices for a period of two years following the election."
18. 2. Act No. 18603 concerning political parties
    • Section 18: "Membership in political parties is restricted to citizens registered on voting lists. Nevertheless, trade union officials are not eligible for membership in political parties."
    • "Persons affiliated with a political party who join any of the institutions mentioned in the preceding paragraph, or who become trade union officials shall immediately relinquish their affiliation with such political party."
    • "In the cases mentioned abvove, persons assuming a trade union office shall sign an affidavit concerning any possible affiliation with a political party."
    • "Persons making false statements under oath shall be punished in accordance with the provisions of section 210 of the Penal Code."
19. 3. Section 210 of the Penal Code
    • "Persons guilty of making false statements under oath before the public authorities or their agents in non-litigious matters shall be sentenced to terms of imprisonment and fined in amounts ranging from 20,000 to 100,000 pesos." Such terms of imprisonment shall range from 61 days to three years.
20. 4. The Labour Code
    • Section 221: "Persons holding trade union office: (No.5:) Must comply with eligibility and other requirements established by the Constitution or legislation."
    • Section 223, paragraph 3: "A trade union official-elect who does not meet the requirements for trade union office shall be replaced by the person receiving the next highest number of votes, in accordance with the provisions of the foregoing paragraph."
    • The CEPCH communication adds that these legal texts clearly reflect the Government's decision to make the holding of trade union office incompatible with the full exercise of civil rights, and that the compulsory and incompatibility of trade union activity with affiliation in a political party, as established in the final paragraph of article 54 of the Constitution, infringes the fundamental rights of workers and of all citizens in a democratic system. According to the complainant, this situation weakens the trade union movement and intimidates its members; it deprives the worker of public and political power and inhibits his right to express opinions and formulate labour demands, since these can be considered as political opinions. The CEPCH communication concludes by stating that the new Labour Code, which entered into force on 5th August 1987, reproduces verbatim the provisions contained in Legislative Decree No. 2756 of 1979 concerning the organisation of trade unions, and in particular section 23, which states that: "Any worker who is a member of the relevant trade union and who fulfils the requirements laid down by this Legislative Decree for office as member of the board of management shall be eligible to stand as a candidate in elections the board"; The CEPCH argues that this represents a curtailment of freedom of association, since the workers cannot nominate their candidates in advance; moreover, if all members of a trade union are considered as candidates, the workers elected will not have been consulted previously. In these circumstances a member of the trade union elected with the greatest number of votes (an expression of the democratic will of the rank and file) may be declared ineligible for failing to sign an affidavit or for preferring to exercise in full his civil rights. Thus, this legal mechanism plainly undermines the decisions of the trade union's rank and file by disqualifying the elected official and replacing him with a worker who has received fewer votes. Lastly, the CEPCH adds that its efforts before the Ministry of Labour and Social Welfare and General Directorate of labour Services to remedy this situation have been unsuccesful.
21. 282. In its communication of 30 September 1987, the IFPAAW alleges that Eugenio Eduardo León Gajardo, President of the National Confederation of Chilean Peasants (CNC), was informed by the Provincial Labour Inspectorate of Santiago that he was not eligible to serve as President, despite his constitutional election at the most recent congress of the CNC, on the grounds that he had been arrested for participating in a mobilisation of workers which culminated in a strike on 2 and 3 July 1986, and was subsequentlz charged with a crime under the National Security Act, which entails criminal sanctions and makes him ineligible to hold office in the CNC. The Provincial Labour Inspectorate therefore informed the trade union that it should appoint the person who received the next highest number of votes in the election. The FITPAS communication adds that at the time of his arrest, Mr. León was participating in the above-mentioned mobilisation in his capacity as a trade union leader; for these reasons the CNC refuses to designate another person as its President.
22. 283. In its communication of 9 October 1987, the ICFTU states that the Government arbitrarily refused to authorise a national day of protest called by the National Grouping of Workers (CNT) for 7 October 1987 to request the Government to comply with the economic claims of workers, and to put an end to the privatisation of enterprises. The ICFTU adds that approximately 300 persons who were participating in this day of protest were arrested, including several trade unionists, and that others suffered gunshot wounds at the hands of security forces. The communication concludes by expressing serious concern over the numerous threats to the lives of CNT leaders, and in particular its President, Manuel Bustos. In a further communication of 12 October 1987, the ICFTU reports that the Government, acting through the Ministry of the Interior, filed charges before the courts against Messrs. Manuel Bustos, Arturo Martínez and Moisés Labrana were questioned by a Judge of the Supreme Court on the order of the Ministry of the Interior and were imprisoned in the Santiago Penitentiary for having called the national work stoppage on 7 October.

C.The Government's reply

1. 284. As regards the joint letter in which several national Chilean confederations reported that the homes of Manuel Caro Castro and Enrique Avendaño Atenas, leaders of the Catering Confederation, and the El Surco Peasants' Confederation, respectively, had been visited by unidentified persons, the Government states that the police investigation of these allegations found that no complaints were lodged in this connection, and that there were no warrants for the arrest these trade union leaders, who continue to exercise their activities as usual; moreover, it has no information concerning the alleged search of the headquarters of these organisations.
2. 285. As regards the allegation made by several national and international trade unions concerning the massive dismissal of teachers, the Government states that due to a lack of planning dating back to the 1960s, educational institutions trained more teachers than are needed in the 1980s. Consequently, in recent years educational institutions have operated with a surplus of 12,000 teachers; moreover, if the current pace of training in the universities is maintained, by 1990 the country will a surplus of 21,000 primary-school teachers and 19,000 secondary-school teachers. The government states that a shortage of accredited teachers in the 1960's led the schools to hire 21,000 persons who lacked teacher's training; when the Teachers' College of Chile was established, these persons were given a grace period of 12 years in which to secure proper accreditation, and were repeatedly reminded that they would no longer be able to teach after this period unless they became accredited. The Government adds that the surplus of teachers is exacerbated by the fact that a great number of teachers with more than 30 years of service have not retired, owing to poor retirement pensions. In order to correct these anomalies persons without accreditation have been barred from the teaching profession; they have been indemnified with one momth's wages for each year of service (with a ceiling of six years), even though current legislation does not require the payment of this indemnity. Moreover, retired teachers who have been rehired, as well as teachers with more than 40 years of service and teachers wity 30 years or more of service who are entitled to retirement have relieved of their duties. These measures have also affected accredited teachers whose performance is considered substandard. Thus, the dismissal off teachers is not in fact an abrupt measure, but one that was widely publicised beforehand among those concerned.
3. 286. In another communication the Government sends additionnal information concerning the dismissal of teachers to complement that which submitted on 5 March 1987 to the Committee of Experts on the Application of Conventions and Recommendations concerning the application of the Employment Policy Convention, 1964 (No. 122). In this communication the Government states that Official Letter No. 1766 of 28 May 1986 of the Ministry of the Interior, alleged by several complainant organisations to have ordered the dismissal of up to 28,000 teachers in Chile, does not contain a reference to any such number of teachers. The Letter discusses the need to take lawful measures in order to place accredited teachers who have not found work within the school system because many positions are held by teachers who have been practising without credentials and teachers who have not filed for retirement in spite of their long years of service. These circumstances have made it difficult for aspiring teachers with five years of studies to find work within the educational system. The Government's communication also states that, in recognition of the teachers' contributions to the country's social development, the Teacher's College of Chile was created on 16 October 1974 by means of Legislative Decree No. 678. At the same time the Ministry of Education issued regulations concerning the exercise of the teaching profession (Supreme Decree No. 7723/1981), as amended by Supreme Decrees Nos. 3048/1982 and 42/ 1984. Legislative Decree No. 678 was issued in response to the aspirations of Chilean teachers for the creation of this College; transitory section 3 (No. 2 ) of the Decree established a term of eight years in which persons who had been teaching without appropriate credentials for more than five but for less than ten years should become accredited or pass a special course for their regularisation. Subsequently, this term was extended to 1 September 1986. Thus, non-accredited teachers have had a term of twelve years in which to regularise their situation. Nevertheless, in an effort to avoid undue prejudice they were allowed to finish the school year into benefit from accumulated leave entitlements even after the expiration of the above- mentionned term. Likewise, the Official Letter of the Ministry of the Interior to which the WCOTP had referred, instructed municipalities to retain those teachers who, in their opinion, had rendered distinguished service in their respective educational systems, as well as those who had worked in remote areas, with the sacrifice than this entailed. This goes to show that the measure in question is not inflexible and it takes into account the work performed by these persons, notwithstanding the claims of certain trade unions. A teachers' census carried out by the Ministry of Education in 1985 showed that the number of non-accredited teachers was in order of 14,500. On the basis of recent information, it is estimated that approximately 8,000 of these managed to regularise their situation. Of the remainder, approximately 2,500 work within the state educational system, and 4,000 in subsidised private education. Consequently, the measure in question is affecting approximately 2,500 persons, who have had 12 years to regularise their situation but not have done so. This number is expected to be reduced further by the provisions for flexibility outlined above. However, it should be noted that these persons occupy posts that could be assigned to accredited teachers, which would allow the country to use in full 100 per cent of accredited teachers. This is a figure which is not matched even in many developed countries. The other situation concerns approximately 2,100 teachers who have been dismissed pursuant to an administrative ordinance (Order No. 338/1960, selection 235, clause f) which calls for the retirement of employees aged 65 or over, or with more than 40 years of service. Although strictly speaking the ordinance applies only to teachers in state-owned schools, it has been extended to teachers in municipal schools with a view to promoting the integration of accredited teachers. The remaining 1,400 teachers were dismissed owing in large measure to the merger and closing of outdated and run-down educational institutions, or to those with low registation near other establishments. This figure also reflects the over-endowment of certain establishments, in contrast to others where there are shortages of teachers. Thus, most of the teachers who find themselves in this situation will be absorbed by other educational institutions which have already announced competitions to fill vacancies. Consequently, the Government concludes, the provisions in question do not affect 28,000 teachers, as claimed by the trade union organisations; moreover, they have been applied in accordance with the legal provisions in force aimed at ensuring the employment of highly qualified and accredited teachers, whose occupational integration had been hindered by the retention of teachers who were not accredited or who sould have taken retirement. Likewise, certain measures have been taken to retain persons who are considered indispensable, either because of the quality of their work or in view of their long service in remote areas. The Government's communication also contains a report with statistical data which shows that the Chilean educational system has a surplus of teachers, rather than a deficit as stated in a publication of the Teachers' College.
4. 287. As regards the allegations concerning the arrest of Beatriz Brikmann Scheihing, the Government states that this persn is being tried (Complaint No. 329-86) and charged under section 8 of Act No. 17798 on arms control, which applies to those who "organise, belong to, finance, abet, assist, instruct, incite or induce the creation and operations of private militia, combat groups of militariat parties ...". Meetings were held in the home of Mrs. Brikmann for the purpose of planning an co-ordinating subversive actions, a fact that was acknowledged by Mrs. Brikmann herself to Mr. Horst Kriegler, the Consul of the Federal Republic of Germany in Concepción, during a visit he paid her in September 1986. The Government states that Mrs. Brikmann's attorneys filed an appeal for relief which was denied by the Court of Appeals on 30 September 1986; her release was requested on 31 December, but denied by the Court in accordance with section 363(c) of the Penal Procedures Code, which allows the judge to deny such a request when he considers that the applicant represents a threat to the security of society. In November 1986, Mrs. Brikmann's attorneys filed an appeal against the public prosecutor in this case; the complaint was dismissed and the ruling subsequently appealed before the Supreme Court, which dismissed the appeal and upheld the sentence on 13 January 1987.
5. 288. As regards the inspections of the headquarters of the Confederation of Textile and Clothing Workers, the Government states that the second Prosecutor's office is currently prosecuting a case for illegal search (Complaint No. 1595/86); since the proceedings are at the indictment stage, which is secret, additional information is not currently available.
6. 289. As regards the arrest of Osvaldo Verdugo, Luis Cisternas and Pedro Soto, three leaders of the Teachers' College, and that of nine other teachers, the Government states that on 26 February 1987 a group of persons met before the Ministry of Education, impeding the free passage of vehicles and pedestrians. They were arrested by uniformed police for disturbing the peace; after their identities and addresses were verified, they were fined 780 pesos each and released pending a summons by the Third Police Court of Santiago. The other nine persons arrested that same day were released unconditionally shortly thereafter.
7. 290. As regards the communication of the National Confederation of Trade Unions of Leather and Shoe Workers, (ex-FONACC), the Government reports that the "Sociedad Anónima de Construcción y Renta, SOCORE, SA" has over 3,600 shareholders; its major shareholders are the Foundation for the Social Development of the Leather and Shoe Industry which holds 31.869 per cent of outstanding shares, and the ex-Benefit Trade Union Fund for Leather and Shoe Workers, in liquidation, represented by the Directorate of Social Security, which owns 6.669 per cent of outstanding shares. The remaining shares are distributed among the office shareholders. The Securities and Exchange Commission, which oversees limited liability companies, is responsible for verifying the compliance of enterprises with applicable statutory provisions and regulations, regardless of the identity of their shareholders. As regards the enterprise in question, the Securities and Exchange Commission has taken several measures with view to ensuring compliance by its Board of Directors with Act No. 18046 concerning enterprises. In fact, there have been numerous infractions which had led the Securities and Exchange Commission to adopt such measures as the review of financial statements submitted to the the shareholders; the suspension of improperly convened shareholder meetings; the sanctioning of the Board of Directors for its persistent reluctance to comply with the law and with the instructions of the Commission. The Government's communication indicates that the Securities and Exchange Commission "has not authorised the enterprise's liquidation" since it is not comptent to "authorise" the liquidation of an enterprise, although it may prevent a liquidation carried out without compliance with the legal requirements. In the case of SOCORE, its its solution has not been approved by the genuine representatives of the shareholders, since the enterprise's Board of Directors has refused to recognise the Directorate of Social Security as the liquidator of the ex-Benefit Fund and the ex-Fund as lawful owner of a considerable percentage of the shares of the enterprise in question; this matter can only be clarified in a ordinary court of law.
8. 291. Concerning the judicial claims mentioned by the complainant, the Government's communication adds that all court decisions have gone against the SOCORE Board of Directors, and that none have challenged the Securities and Exchange Commission, which has only sought to ensure compliance with the law by the directors of this enterprise, without ever calling into question their presumed status as trade union leaders. As regards the role of the Directorate of Social Security in the dissolution of the Trade Union Benefit Fund for Leather and Shoe Workers, the Government's communication adds that this "Fund" was established in 1955 pursuant to an arbitrator's award and was financed by the employers' monthly withholding of 20 per cent of the remuneration of all workers in this sector; it was designed to indemnify workers upon termination, and was not subject to any type of control. Transitory section 7 of Legislative Decree No. 2578 of 6 July 1979 required all external funds to obtain legal status within a term of six months, failing which they would be dissolved. Section 1, clause 38 of Legislative Decree No. 2950 of 21 November 1979 replaced the earlier text and granted a further period of six months for compliance with its requirements, and again called for the extinction and liquidation of funds failing to comply. Section 15 of Act No. 18018, published on 14 August 1981, set out to clarify the earlier instruments and provided that external funds which had not obtained legal status by 21 May 1980 were to be considered dissolved, regardless of the stage of proceedings concerning their application for legal status. Section 16 of Act No. 18018 ordered that funds thus dissolved were to be liquidated by the Directorate of Social Security, and that the proceeds of the liquidation should be credited to the workers who were benefiting from, or on whose behalf contributions were made to the fund in question. Lastly, section 18 of the Act provided that employers who had been required to contribute to such external funds should discontinue their contributions and increase in a corresponding amount the remuneration of workers on whose behalf the contributions had been made; moreover, it empowered the above-mentioned Directorate to resolve all questions arising in connection with the application of the Act and the liquidation of the funds concerned. The Trade Union Benefit Fund for Leather and Shoe Workers failed to obtain legal status with the required term, and thus qualified for extinction and liquidation. However, in spite of the time elapsed, it has not been possible to secure any of its assets for liquidation because the ex-directors of the Fund decided to sue use its assets to purchase the SOCORE enterprise using all of the Fund's resources for this purpose, and becoming the majority shareholder in SOCORE with 70 per cent of the shares. The directors of the enterprise are the same person who served as directors of the ex-Fund; they received monthy directors' fees until all available funds were exhausted and spent the proceeds for the sale of most of the ex-Fund's real property without any benefit to any of the workers, under the pretext that neither the law, nor the Securities and Exchange Commission, nor the Directorate of Social Security could liquidate the Fund, arguing that such liquidation could be carried out only by the workers, through their Board of Directors. For this reason, the enterprise has been forced to suspend payments. The financial direction of SOCORE has been assumed by the Securities and Exchange Commission which, in keeping with its legal authority, has been compelled to impose personal fines on its directors - in order to avoid prejudicing the enterprise and the workers - for their failure to abide by its resolutions inasmuch as they transferred shares which belong to the Fund in liquidation, as the enterprise's major shareholder, represented by the Directorate of Social Security, which has not been able to influence its administration directly or indirectly. All the fines have been appealed to the Supreme Court, and have been confirmed by the courts, which have denied all actions for relief filed by the directors. The Directorate of Social Security, for its part, has filed suit against the directors and SOCORE in an effort to secure the total transfer of shares in accordance with the law, in order to carry out the liquidation of the Fund's assets and to turn over the proceeds to the workers who contributed to the Fund, and to prevent a group within the Fund, and to prevent a group with the Fund from deriving the exclusive benefit of such assets. The preventive measures decreed by the courts, which prohibit the signing of instruments or contracts concerning the three remaining properties, have prevented the sale of these assets and the and the complete disappearance of the proceeds of leather and shoe workers' contributions to the Fund.
9. 292. Laslty, concerning the allegations that the Directorate of Social Security, as representative and liquidator of the Fund, has failed to collect for leather and shoe employers the sum of 55 million pesos which is allegedly owed to the Fund, the Government's communication states that this alleged debt is not formally recognised and has always been challenged by these employers. In accordance with its legal authority and by means of resolution No. 004 of 25 November 1985, the Directorate of Social Security concluded that the employers were only required to contribute to the Fund until 21 May 1980, the date of the Fund's legal extinction. As the alleged debt would have accrued since that date, it is clearly without grounds. Likewise, it was resolved that all who at one time were required to contribute to the Fund, were required to increase the remuneration of workers as from 14 August 1981, under the supervision of the Labour Directorate. The resolution was duly communicated to all officials of trade unions involved with funds in liquidation; there were no administrative or judicial claims or objections. As regards the case at hand, the former ex-officials of the Fund and the directors of SOCORE were notified towards the end of November 1985.

D. D. The Committéé's conclusions

1. 293. The allegations which remained outstanding following the Committee's last examination of this case in May 1987, concerned the visits of unidentified persons to the homes of several leaders of the Catering Confederation and the E1 Surco Peasants' Confederation; the reasons for the indictment against Beatriz Brikmann Scheihing; the dismissal of teachers, among them of a number of trade unionists, pursuant to Official Letter No. 1766 of 28 March 1986 of the Ministry of the Interior; the illegal search carried out on the premises of the Confederation of Textile and CLothing Workers (CONTEVECH), as well as that of the homes of several national trade union officials. Since then new allegations have been made concerning the dismissal of teachers and officials of the AGECH and of the Teachers' College of Chile pursuant to Official Letter No. 1766 of 28 March 1986 of the Ministry of the Interior; threats against the lives of several officials of the AGECH, of the Teachers' College, of the Teachers' Trade Union of Viña del Mar and of the Trade Union of Workers in Commerce; the violent break-up by police forces of a nation-wide protest called on 26 March 1987 by the National Grouping of Workers (CNT), which resulted in the injury and arrest of several leaders of that organisation; the arrest of three officials of the Teachers' College and nine teachers at a peaceful demonstration of 26 February 1987 held in front of the Ministry of Education; the liquidation by administrative authorities of a Trade Union Benefit Fund for Workers in the leather and shoe industry and the efforts to liquidate a construction and leasing company (SOCORE). Other allegations concern a number of violations of trade union rights: the death of a trade unionist, the arrest and ill-treatment of several trade union leaders, the imprisonment of several miners for having participated in protest days, the attempted homicide of trade unionists and the refusal to allow a number of trade union leaders to enter the country; the refusal by an employer to recognise and to enter into a collective agreement with the workers' representatives; the incompatibility which legislation establishes between the holding of trade union office and affiliation with political parties, and the requirement that trade union leaders sign an affidavit upon their election concerning any political affiliation; the ineligibility of a trade union official of the National Peasants' Confederation to hold the presidency of that organisation on the grounds that he has been charged with participating in protest days; the arrest and harrassment by security forces of dozens of workers and trade unionists following the authority's refusal to allow a national day of protest convened by the CNT for 7 October 1987; and lastly repeated threats against the lives of trade union leaders of the CNT, and in particular, against its President, Manuel Bustos, and the court summons, filed at the instigation of the Ministry of the Interior, of CNT leaders Manuel Bustos, Arturo Marínez and Moisés Labrana, and their subsequent imprisonment in the Santiago Penitentiary after questioning by a Judge of the Supreme Court, on 20 October 1987.
2. 294. As regards the allegations of several Chilean confederations concerning the visits by unidentified persons at the homes of Manuel Caro Castro and Enrique Avendaño Atenas, leaders of the Catering Confederation and the El Sucro Peasants' Confederation, respectively, the Committee notes that the authorities investigated these charges and ascertained that no complaints were lodged in this connection; they further report, that no warrants have been issued for the arrest of these trade unionists, and that there is no information concerning the alleged search of the headquarters of these organisations. In view of the fact that many allegations of this kind have been received since the opening of this case, the Committee wishes to recall that trade union rights many only be exercised in a climate free of violence, pressure and threat of any kind against trade unionists. It again requests the Government to undertake as soon as possible judicial investigations with a view to determining who is responsible for these alleged actions.
3. 295. As regards the grounds for the charges against Beatriz Brikmann Schihing, the Committee notes that she has been accused of a crime under section 8 of Act No. 17798 concerning arms control. The Committee understands that the judicial proceedings against Mrs. Brikmann are still in progress and requests the Government to keep it informed of developments in the case and its outcome.
4. 296. As regards the search of the headquarters of the Confederation of Textile and Clothing WOrkers (CONTEVECH), the Committee notes that proceedings for illegal search are at theindictment stage, and therefore secret; it requests the Government to keep it informed of the outcome of these proceedings.
5. 297. As regards the arrest of three leaders of the Teachers' College, namely Messrs. Osvaldo Verdugo, Luis Cisternas and Pedro Soto, and of nine other teachers on 26 February 1987, during a demonstration organised in front of the Ministry of Education to protest the dismissal of teachers, the Committe notes that the three trade union leaders were released after having been fined 780 pesos each for disturbing the peace, pending summons by the Third Police Court of Santiago, and that the nine teachers were released unconditionally on that same day. The Committee recalls that the right to organise public demonstrations is an important aspect of trade union rights.
6. 298. As regards the allegations made by several national and international trade union organisations concerning the dismissal of teachers pursuant to Official Letter No. 1766 of 28 March 1986 of the Ministry of the Interior, the Committee notes that, according to the Government, these measures concern a general restructuring of the educational system, which aims at reducing a surplus of teachers which dates back to the 1960s, and to ensure that all teachers are duly accredited. The Committee wishes to point out that these measures fall beyond the scope of freedom of association; nevertheless, it notes with concern the high number of national and local leaders of teachers' trade unions who have been dismissed following the promulgation of this Official Letter. The Committee also notes that the complainants allege that duly accredited and experienced teachers have also been dismissed. In these circumstances, although aware that the Government has instituted a number of flexible measures to facilitate the reintegration of teachers, the Committee wishes to recall the principle contained in Recommendation No. 143 concerning the protection and facilities to be afforded to workers' representatives in the undertaking, which advocates specific measures of protection, including the "recognition of a priority to be given to workers' representatives with regard to their retention in employment in case of reduction of the workforce".
7. 299. As regards the communication of the National Confederation of Trade Unions of Leather and Shoe Workers, (ex FONACC), which alleges that the assets of workers in this sector, including the SOCORE S.A. enterprise, may be confiscated by the administrative authorities, thus extinguishing the trade union and the debt of 55 million pesos owed by employers for contributions dating back to 14 August 1981, the Committee notes the Government's explanations concerning the reasons why it ordered the liquidation of this Trade Union Benefit Fund. The Committee understands that the complainants have not legally objected to the Fund's liquidation, and that the complaint is based primarily on the question of the ownership of the assets of the SOCORE enterprise and on its current legal status; in other words, whether its assets belong to the Trade Union Benefit Fund, in liquidation, represented by the Directorate of Social Security, or whether the Fund is an independent body. The Committee also notes that the Government maintains that the dissolution of SOCORE has not been approved by the true representatives of the SOCORE has not been approved by the true representatives of the shareholders, that this matter can only be settled by the ordinary courts of law, and that all judicial appeals referred to by the complainant have gone against the Board of Directors of SOCORE S.A. The Committe notes that the Securities and Exchange Commission has only investigated whether the directors of this enterprise have complied with the law, without seeking at any time to call into question their status as trade union officials. As regards the alleged debt representing employer contributions which would have accrued since the Fund was ordered to liquidate, the Committee notes that this debt is not recognised and that this is not an issue calling for a decision on its part. The Committee wishes to point out that it is not convinced by the allegations presented that the exercise of the trade union rights of the National Confederation of Trade Unions of Leather and Shoe Workers, ex FONACC, has been restricted, or that there has been any interference by the administrative authorities in the management and activities of the trade union. Therefore, the Committee considers that the legal aspects concerning the administration and status of the SOCORE enterprise are not trade union matters.
8. 300. Lastly, the Committee notes that the Government has not furnished observations concerning a number of allegations presented in this case, namely: threats made on 6 February 1987 against the lives of trade union leaders of the AGECH, of the Teachers' College in the Fifth District, of the Teachers' Trade Union of Viña del Mar and of the Trade Union of Workers in Commerce; the intervention of police forces on 25 March 1987 in a nation-wide mobilisation of workers convened by the National Grouping of Workers (CNT), which led to the injury and arrest of leaders of that organisation; the problems encountered by the workers of the Baby Colloky enterprise in signing a collective agreement, and the refusal of the enterprise to recognise the workers' representatives; the complaints submitted by the National Confederation of Trade Unions, Federations and Associations of Workers in the Private Sector concerning legal provisions which make the holding of trade union office incompatible with affiliation with a political party, as well as the requirement that trade union officials, upon their election, sign an affidavit concerning any political affiliation; the ineligibility of the President of the National Peasants' Confederation to occupy the office to which he was elected by the Congress of that organisationn, because he had been arrested and charged under the National Security Act for having participated in an industrial action as a trade union leader; the arrest and aggression by security forces of dozens of workers and trade unionists following the authorities' refusal to allow a national protest day convened by the CNT for 7 October 1987, and repeated threats against the lives of CNT leaders, in particular its President, Manuel Bustos, as well as the judicial summons, at the instigation of the Ministry of the Interior, of Manuel Bustos, Arturo Martínez and Moisés Labrana, trade union leaders of the CNT and their subsequent imprisonment in the Santiago Penitentiary after questioning by a Judge of the Supreme Court, on 20 October 1987.

The Committee's recommendations

1. 301. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The committee expresses its serious concern at the large number of complaints filed since its most recent examination of this case, which reflect the serious difficulties faced by the trade union movement and its leaders.
   • (b) As regards the allegations of several Chilean confederations concerning the visits by unidentified persons to the homes of leaders of the Catering Confederation and the El Surco Peasants' Confederation, and in light of the many allegations of this nature submitted since this case was opened, the Committee urges the Government to undertake judicial investigations with a view to identifying the parties responsible for such alleged actions against trade unionists, and to ensure the normal development of trade union activities in a climate free of intimidation and fear.
   • (c) As regards the proceedings against Beatriz Brikmann Scheihing for breach of Act No. 17798 on arms control, the Committe requests the Government to keep it informed of developments in these proceedings and the outcome of the case.
   • (d) As regards the searches carried out at the headquarters of the Confederation of Textile and Clothing Workers (CONTEVECH), the Committe requests the Government to keep it informed of the outcome of the judicial proceedings in progress concerning the illegal search of these trade union premises.
   • (e) As regards the arrest of three leaders of the Teachers' College and of nine teachers who participated in a demonstration in front of the Ministry of Education on 26 February 1987, the Committee recalls that the right to organise public demonstrations is an important aspect of trade union rights, and that public authorities should refrain from any form of intervention which undermines the right of trade unions to organise and hold public demonstrations in defence of their rights and claims.
   • (f) As regards the dismissal of teachers pursuant to Official Letter No. 1766 of the Ministry of the Interior, including the dismissal of a number of national and local trade union leaders, the Committee wishes to point out, in particular, the danger that the dismissal of trade union leaders, in this particular case within the context of an administrative reform of the educational system, and the consequent loss of trade union office, may restrict the freedom of action of the trade unions to which they belong and their right to elect their representatives freely. The Committee urges the Government to consider the possiblity, within the measures of flexibility instituted for the reintegration of teachers, of giving special attention to the case of teachers' trade union officials who had been dismissed throughout the country.
   • (g) As regards the communication of the National Confederation of Trade Unions of Leather and Shoe Workers (ex FONACC), the Committee wishes to point out that the legal aspects of the administration and status of the SOCORE enterprise are not trade union matters; it therefore considers that this question falls beyond its competence and that this aspect of the case does not call for further examination. (h) Lastly, the Committee urges the Government to send its observations on the allegations to which no replies have yet been received.