Effect given to the recommendations of the committee and the Governing Body - REPORT_NO395, June 2021

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

1. 53. The Committee last examined this case, which concerns alleged acts of anti-union discrimination and persecution in the National Public Records Office, at its October 2015 meeting [see 376th Report, paras 89–91]. On that occasion, the Committee requested the Government to keep it informed of the result of the appeal filed by Mr Agustín Hermes Mendoza Champion (Mr Mendoza) against decision No. 23 of 2013, handed down at first instance, which partially upheld his appeal for amparo (remedy for the protection of constitutional rights) and, consequently, declared the administrative disciplinary proceedings instituted to be null and void.
2. 54. In this respect, the Committee takes note that, in communications dated 30 November 2017 and 3 August 2018, the Government indicates that the appeal for amparo (File No. 611-2012) lodged by Mr Mendoza challenging the validity of the administrative disciplinary proceedings instituted against him was rejected in the last instance in 2016. On that occasion, the Constitutional Court declared inadmissible the appeal for amparo lodged by Mr Mendoza against decision No. 47 of 2014, handed down at second instance, which declared the request to be unfounded, thus revoking decision No. 41 of 2014, handed down at first instance, which had partially upheld the request.
3. 55. Furthermore, since the last examination of the case and to date, the Committee has not received any information from the complainant organization, the Autonomous Confederation of Peruvian Workers. In these circumstances, and taking due note of the information provided by the Government, the Committee considers this case closed and will not pursue its examination.