Effect given to the recommendations of the committee and the Governing Body - REPORT_NO353, March 2009

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

1. 211. In its previous examination of the case in November 2007, the Committee made the following recommendations on questions that remained pending [see 348th Report, para. 1112]:
   • (a) The Committee requests the Government to indicate whether trade union officer Mr Armando Enrique Bustamante Bustamante has been regularly employed by the San Martín Mining Company SA since September 2006.
   • (b) The Committee requests the Government to inform it of the outcome of the proceedings (which are currently before the court of appeal) to nullify the dismissal filed by trade union officers Mr César Augusto Elías García and Mr José Arenaza Lander and expects that the judicial authority will take the principles mentioned in the conclusions fully into account. The Committee expects that the judicial authority will hand down a ruling in the near future.
2. 212. In its communication of 3 March 2008, the Autonomous Confederation of Peruvian Workers (CATP) sent new information in connection with this case. According to the CATP, the General Secretary, the Press and Propaganda Secretary, and the Legal Affairs Secretary of the Trade Union of Workers of the San Martín Mining Company SA (César Augusto Elías García, Armando Bustamante and José Arenaza Lander) were evicted from their accommodation on 20 August 2006 by order of the company’s human resources general manager, who stated that they no longer belonged to the company. According to the CATP, the union officials in question have received death threats and threats of assault from hired thugs with direct links to company managers.
3. 213. In its communications dated 3 March and 10 September 2008, the Government states that an application to overturn the dismissals is now being considered by the 19th Labour Court, the respondents in the case being the San Martín Mining Company SA and Peru LNG SRL, and the petitioner being José Antonio Arenaza Lander. The court handed down a ruling on 27 June 2008 upholding the application to overturn the dismissal. On 10 July 2008, the company lodged an appeal against that ruling and, on 6 August 2008, the appeal was found to be admissible. The Government states that it will continue to provide information on developments.
4. 214. The Government states further that, in the 7th Labour Court, dismissal annulment proceedings are underway between the San Martín Mining Company SA and Peru LNG SRL, as the respondents, and César Augusto Elías García, as the petitioner. On 3 June 2008, a ruling was given upholding the application to annul the dismissal, and the parties were duly informed. On 20 July 2008, an appeal was lodged against that ruling and, on 26 June 2008, that appeal was found to be admissible. The Government states that it will continue to provide information on developments.
5. 215. The Committee takes note of the lower court rulings in favour of the trade union officials César Augusto Elías García and José Arenaza Lander (who had been dismissed), and of the fact that the company has lodged appeals. The Committee recalls that this case was presented in September 2006, and emphasizes that an excessive delay in the administration of justice is tantamount to a denial of justice. The Committee trusts that the appeals now under way will be concluded within a short time, and requests the Government to communicate the results of those proceedings.
6. 216. The Committee regrets that the Government has not indicated whether since September 2006 the trade union leader Armando Enrique Bustamante has been hired regularly by the company, and once again requests it to provide this information.
7. 217. Lastly, the Committee requests the Government without delay to send its observations on the allegations contained in the CATP’s communication dated 3 March 2008.