Definitive Report - Report No 208, June 1981

1. 38. The Committee examined this case at its meeting in February 1981 when it presented an interim report to the Governing Body which requested certain information from the Government. The Government furnished additional information in a communication dated 3 April 1981.
2. 39. Costa Rica has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1948 (No. 98).

A. Previous examination of the case

1. 40. The allegations concerned the labour dispute which occurred in the Costa Rica Banana Company during the months of July and August 1980. At its examination of the case during its meeting of February 1981, the Committee left pending the question of the arrest of dozens of trade union leaders, including the alleged arrest of Edwin Oviedo, General Secretary of the Union of Workers of El Golfillo. The Government replied that the authorities had never arrested citizens for the mere fact of holding trade union office. The Committee recommended the Governing Body to ask the Government to provide precise information on the reasons for the arrests mentioned by the complainant and on the present situation of the arrested trade unionists.

B. Reply of the Government

1. 41. In its communication of 3 April 1981, the Government states that as a result of the disturbances which occurred during the banana conflict, several citizens were arrested, including workers in the banana company, trade union leaders and other individuals for having committed various offences which resulted in a breach of the peace (riot, disobedience, contempt, public incitement, etc.). The Government repeats that the trade union militants, amongst others, were not arrested because of their trade union status but because they had committed punishable acts. The Government goes on to say that all the persons arrested were quickly released and now enjoy absolute liberty pending a decision by the courts on their alleged guilt.
2. 42. As regards the trade union leader Edwin Oviedo, the Government states that he was arrested on charges of obstruction of public services, riot, disobedience and contempt; however, since there was insufficient evidence upon which to base a judgement of innocence or guilt, he has now been released and enjoys absolute liberty.

C. Conclusions of the Committee

1. 43. As concerns the arrest of the trade union leader Edwin Oviedo, the Committee notes that as a result of insufficient evidence upon which to convict him of the offences with which he was charged, he has been released and now enjoys absolute liberty.
2. 44. As concerns the other leaders arrested as a result of the dispute in the banana company, the Committee notes the statement by the Government that they have been released pending an investigation by the courts of the allegation that they committed offences punishable under ordinary law.