Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 283, Juin 1992

Cas no 1478 (Pérou) - Date de la plainte: 09-NOV. -88 - Clos

1. 66. The Committee has examined these cases on several occasions, most recently at its May 1991 meeting, when it presented an interim report to the Governing Body. (See 278th Report of the Committee, paras. 210-220, approved by the Governing Body at its 250th Session (May-June 1991).) The Government sent new observations in communications dated 20 and 31 January 1992.
2. 67. Peru 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. Previous examination of the cases

1. 68. At its last examination of these cases, the Committee asked the Government to provide information concerning developments in and the outcome of the investigations into the death of the trade union leaders Saúl Cantoral and Consuelo García on 13 February 1989; to indicate whether the violent deaths and injuries of workers which resulted from a peasants' demonstration in Pucallpa (Department of Ucayali) on 9 February 1990 have been the subject of a judicial inquiry and, if so, to communicate the outcome of the inquiry; and to provide information on the disappearance of the teachers' trade union leader Juan Antonio Alarcón Guzmán, in the Department of Junín in December 1989, and in particular to state whether an inquiry to determine his whereabouts had been opened or was now in progress (see 278th Report, para. 220).

B. The Government's reply

1. 69. In its communications of 20 and 31 January 1992, the Government states that the investigations concerning the death of Saúl Cantoral and Consuelo García have not resulted in the identification of the parties responsible, although it is believed that the assassinations were committed by subversive groups operating clandestinely. The Government emphasises that for a number of years Peru has been experiencing social turmoil caused by subversion and terrorism, which have resulted in the loss of life amongst civilians and members of the armed forces.
2. 70. As regards the violent deaths and injuries of workers during a peasants' demonstration in Pucallpa (Department of Ucayali) on 9 February 1990, the Government repeats what it said on previous occasions, namely that the events occurred following the refusal by the Department's chief administrative officer (following the suspension of certain constitutional guarantees as a result of acts of terrorism) to allow the Ucayali Departmental Agrarian Federation to conduct a march, and that the demonstrators (who, according to the Government, included terrorists) attacked the police who were obliged to act in order to restore public order. In the same way, the Government states that investigations are being carried out with a view to ascertaining responsibilities.
3. 71. Finally, as regards the disappearance of Mr. Juan Anton Alarcón Guzmán, the Government states that his name does not appear in the detention registers of the competent authorities.

C. The Committee's conclusions

1. 72. The Committee notes the Government's statement that Peru has for a number of years been experiencing turmoil caused by subversion and terrorism, which have resulted in the loss of human lives. The Committee deplores the tragic situation prevailing in the country which is characterised by an institutional, economic and social crisis. However, the Committee must emphasise the serious nature of the allegations in this case which refer to the death and disappearance of trade union officials and trade unionists. It deeply deplores these events and once again draws the Government's attention to the fact that a climate of violence leading to the death or disappearance of trade union leaders and trade unionists is a serious obstacle to the exercise of trade union rights. Since the investigations do not always lead to identification of the culprits, the Committee considers that this situation means that serious violations of trade union rights may occur in conditions of impunity for the guilty parties, which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights.
2. 73. As regards the death of the trade union leaders Saúl Cantoral and Consuelo García, the Committee regrets that the inquiries made failed to identify the parties responsible. The Committee deplores the fact that in the case of the disappearance of Mr. Juan Antonio Alarcón Guzmán, the Government in its reply has limited itself to stating that his name does not appear in the detention registers of the competent authorities, whereas the complaint refers specifically to his disappearance. The Committee consequently requests the Government to take the appropriate measures to investigate and determine the whereabouts of the trade union leader, who has been missing since December 1989, and to keep it informed of progress in and the final outcome of the investigation. The Committee emphasises the need for this investigation to be carried out rapidly.
3. 74. As regards the violent deaths and injuries of workers during a peasants' demonstration in Pucallpa (Department of Ucayali) on 9 February 1990, the Committee notes that, according to the Government, terrorists were implicated in these acts and that an investigation is being carried out to determine responsibilities. It asks the Government to keep it informed of the outcome of the investigation. The Committee again emphasises the need for this investigation to be carried out rapidly.

The Committee's recommendations

1. 75. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Although the Committee notes that Peru is experiencing turmoil caused by subversion and terrorism, and an institutional, economic and social crisis, it once again emphasises the serious nature of the allegations which refer to the death and disappearance of trade union leaders and trade unionists, events which it deeply deplores. Since the investigations do not always lead to the identification of the culprits, the Committee considers that this situation means that serious violations of trade union rights may occur in conditions of impunity for the guilty parties, which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights.
   • (b) The Committee asks the Government to take the appropriate measures to investigate and to determine the whereabouts of the trade union leader Juan Antonio Alarcón Guzmán, who disappeared in the Department of Junín in December 1989, and to keep it informed of progress in and the final outcome of the investigation.
   • (c) The Committee asks the Government to keep it informed of the outcome of the investigations concerning the violent deaths and injuries of workers which occurred during a peasants' demonstration in Pucallpa (Department of Ucayali) on 9 February 1990.
   • (d) The Committee emphasises the need for these investigations to be carried out rapidly.