Effect given to the recommendations of the committee and the Governing Body - REPORT_NO305, November 1996

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

1. 33. The Committee examined this case at its March 1996 meeting (see 302nd Report, paras. 142 to 160). At this occasion, the Committee presented the following recommendations:
   • (a) 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 complainant organization the management of the enterprise refused to 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.
   • (b) The Committee requests the Government to inform it whether Mr. Juan José Huezo is still in prison and, in the affirmative, to explain what charges have been brought against him. Similarly, the Committee requests the Government to release him immediately if his detention is connected with his trade union activities. The Committee requests the Government to keep it informed in this respect.
   • (c) As regards the alleged arrests (by the security staff in the enterprise) of a member of the trade union executive and two workers of the Sanobang Wool Apparel El Salvador SA enterprise and Elisio Castro Pérez, Secretary-General of the trade union of the textile factory, Mandarin 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 Mandarin 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.
   • (d) Concerning the allegations relating to the anti-union dismissals of 18 workers in the Gabo SA enterprise and 150 trade union members in the Mandarin 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 the 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 if they so desire. The Committee requests the Government to keep it informed of any development in this regard.
   • (e) 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 take strong measures to provide effective protection for the workers in these enterprises. The Committee requests the Government to keep it informed in this respect.
2. 34. In a communication dated 17 July 1996, the Government states that Mr. Huezo was detained on charge of aggression against a national police officer as well as for illegal occupation of the workplace, resistance to public authorities and abusive use of the right to strike and to work. In addition, the Government indicates that Mr. Huezo was released on 20 April 1996 since the penalties in case he is found guilty of such offences is less than three years of prison. There would still be an additional charge against this trade unionist based on allegations of, inter alia, false testimony, sequestration, murder threats, illegal detention, defamation and damages and interests, filed in November 1994.
3. 35. The Committee notes this information and requests the Government to keep it informed of the legal proceedings against Mr. Huezo. The Committee notes that the Government, on the other hand, has not provided any information with regard to the other allegations examined, and hopes that the Government will do so in the near future.