Effect given to the recommendations of the committee and the Governing Body - REPORT_NO401, March 2023

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

1. 24. The Committee last examined this case concerning alleged anti-union dismissals at its June 2021 session [see 395th Report, paras 30–33]. On that occasion, the Committee once again requested the Government to provide information on the developments in the judicial proceedings concerning the dismissal of trade union leaders which were still pending and expressed the firm hope that these cases would be resolved as soon as possible.
2. 25. By communications dated 29 September 2021, 14 October 2022 and 29 November 2022, the Government transmitted the information provided by the Supreme Court of Justice concerning the six pending cases of dismissal of trade union leaders, indicating the following:
   • (i) In relation to the cases of Messrs Rigoberto Cruz Vásquez, José Andrés Chevez Luna and Wagner Cubillo Palacios, the Second Chamber of the Supreme Court of Justice, confirmed the first instance judgement in favour of the said persons on 9 January 2019 and on 29 July 2022 ordered the definitive archiving of the proceedings since there were no pending matters to be dealt with or sums to be settled.
   • (ii) With regard to the case concerning Mr Vladimir Torres Montiel, the proceedings have been closed as the parties reached conciliatory agreements. The case of Mr Carlos José Padilla has been closed at the request of the parties and the corresponding payments have been made to him. Finally, as regards Ms Graciela Reyes Umaña, in one proceeding the applicant withdrew her application (decision of 15 March 2014). The Government informs that one proceeding is still pending and that it is awaiting further details from the Supreme Court of Justice.
3. 26. The Committee notes that five of the six pending judicial proceedings have been resolved, with three court decisions in favour of the trade union leaders and two cases in respect of which conciliatory agreements have been reached between the parties and the corresponding payments have been made. With regard to the case of Ms Graciela Reyes Umaña, the Committee takes note, on the one hand, of the withdrawal of the claim in one of the 2014 judicial proceedings and, on the other hand, of the Government’s indication that it is still awaiting information from the Supreme Court of Justice regarding another pending judicial proceeding. The Committee also notes that the complainant organizations have not sent any additional information regarding this particular case since the complaint was lodged with the Committee in December 2016. Taking into consideration that five of the six pending cases have been resolved as described above, the Committee trusts that the case of Ms Reyes Umaña will be resolved as soon as possible and taking into account the considerations that the Committee has expressed in its previous conclusions and recommendations in this regard. In view of the foregoing, the Committee considers that this case is closed and will not pursue its examination.