Effect given to the recommendations of the committee and the Governing Body - REPORT_NO365, November 2012

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

1. 164. The Committee last examined this case at its November 2011 meeting, when it made the following recommendations on matters still pending [see 362nd Report, para. 1334]:
   • (a) The Committee awaits the information announced by the Government on the implementation of the agreement reached in July 2007 between the Ministry of Labour and the enterprise concerned in regard to the dismissal of three trade union officials, which would appear to refer to their reinstatement.
   • (b) The Committee requests the Government to indicate whether trade union official Mr Tito Alfredo Matos Galarza has lodged a judicial appeal against the ruling of the court of first instance convicting him of breach of the peace in the form of rioting. The Committee also requests the Government to indicate whether this union official instituted judicial proceedings concerning his dismissal in 2007.
2. 165. In its communication of 6 August 2012, the Government states, with regard to recommendation (a), that the company has fulfilled its commitments under the agreement reached at an out-of-court meeting on 9 July 2007. The Compañía Minera Atacocha SA presented the contracting companies, AESA e IESA, with three workers mentioned in the complaint, for hiring by them. The Government further states that there is a firm judicial decision establishing that Atacocha has fulfilled the commitments it made.
3. 166. The Government states, with regard to recommendation (b), that Mr Matos Galarza has been acquitted of the charges against him.
4. 167. The Committee takes note of the information received with regard to its previous recommendations. It takes note with interest of the court decision to acquit the union official Tito Alfredo Matos Galarza.