Effect given to the recommendations of the committee and the Governing Body - REPORT_NO308, November 1997

Effect given to the recommendations of the Committee and the Governing Body

1. 35. The Committee examined this case at its meeting of November 1996 (see 305th Report, paras. 33-35) when it noted that the Government had not provided the information requested in March 1996 concerning the following recommendations:
   • - The Committee requests the Government to take the necessary steps to carry out an independent inquiry to look into the allegations concerning the death of the trade unionist, Mrs. Julia Esperanza Quintanilla (according to the complaint organization the management of the enterprise refused the trade unionist the possibility of seeking medical assistance), and in the event that these facts are confirmed, to bring appropriate action before the courts in order to determine responsibilities and punish the guilty. The Committee requests the Government to keep it informed in this respect.
   • - As regards the alleged arrests (by the security staff in the enterprise) of a member of the trade union executive, two workers of the Sanobang Wool Apparel El Salvador S.A. enterprise and Mr. Elisio Castro Pérez, secretary general of the trade union of the textile factory, Mandarín International, as well as the physical attacks on the trade union official of the same trade union, Mrs. Marta Rivas (both events allegedly occurred on 15 May 1995), the Committee requests the Government to take steps to carry out an inquiry into these allegations and, if it is ascertained that the trade unionists in question were unlawfully deprived of their freedom - even for a short period of time - and that Mrs. Rivas was physically attacked by the security guards of Mandarín International, to bring appropriate action before the courts so that the guilty should be duly punished. The Committee requests the Government to keep it informed in this respect.
   • - Concerning the allegations relating to the anti-union dismissals of 18 workers in the Gabo S.A. Enterprise, an executive member of the trade union and two workers of the Sanobang Wool Apparel El Salvador S.A. enterprise, and 150 trade union members in the Mandarín International Enterprise, the Committee requests the Government to take steps immediately to carry out an inquiry in the enterprises in question and, in the event of noting that alleged dismissals were based on the fact that those concerned were trade union officials or trade unionists or that they had carried out lawful trade union activities, to take steps to ensure that the dismissed workers might be immediately reinstated in their jobs.
   • - The Committee requests the Government to carry out as a matter of priority an inquiry concerning the threats made against trade unionists in two enterprises noted in the allegations in the free zones and to ensure that effective protection is provided for the workers in these enterprises. The Committee requests the Government to keep it informed in this respect.
2. 36. The Committee also noted that in November 1996 the Government stated that the trade union official, Mr. Huezo, was detained on charges of aggression against a national police officer as well as for the illegal occupation of the workplace, resistance to public authorities and abusive use of the right to strike and to work. In addition, there was a further charge against this trade unionist for false testimony, sequestration, murder threats, illegal detention, defamation and damages and interest, based on allegations filed in November 1994. The Committee requested the Government to keep it informed of the outcome of the legal proceedings under way against Mr. Huezo.
3. 37. In a communication of June 1997, the Government sent a large volume of documentation on the different stages of the legal proceedings on the illegal occupation of the workplace, resistance to public authorities and abusive use of the right to strike and to work against the trade union official Mr. Huezo.
4. 38. The Committee notes this information and requests the Government to keep it informed as to the final outcome of the proceedings as well as on the other charge against this official concerning false testimony, sequestration, murder threats, illegal detention, defamation and damages and interest. Finally, the Government urges the Committee to provide the information requested regarding the other allegations.