Report in which the committee requests to be kept informed of development - Report No 291, November 1993

228. The Committee has examined Cases Nos. 1273, 1441, 1494 and 1524 on several occasions, most recently at its meeting of May 1993, when it submitted an interim report (see the Committee's 288th Report, paras. 1-35, approved by the Governing Body at its 256th Session (May 1993)), which drew attention to the Government's persistent negative attitude, shown since February 1991 by its refusal to accept a direct contacts mission to the country and by its failure, in spite of the extreme seriousness of the allegations, to send the information requested by the Committee.

1. 228. The Committee has examined Cases Nos. 1273, 1441, 1494 and 1524 on several occasions, most recently at its meeting of May 1993, when it submitted an interim report (see the Committee's 288th Report, paras. 1-35, approved by the Governing Body at its 256th Session (May 1993)), which drew attention to the Government's persistent negative attitude, shown since February 1991 by its refusal to accept a direct contacts mission to the country and by its failure, in spite of the extreme seriousness of the allegations, to send the information requested by the Committee.
2. 229. Consequently, at said meeting the Committee once again urged the Government to send the information requested and to accept the mission in question; it also requested the Director-General of the ILO to contact the representatives of the Government of El Salvador at the next session of the International Labour Conference (June 1993), and to urge the Government to respect fully the Committee's recommendations. (See the Committee's 288th Report, paras. 8 and 35(f) and (g).)
3. 230. Following contacts at the Conference, the Minister of Labour and Social Welfare agreed to the direct contacts mission.
4. 231. In addition, the IFCTU submitted new allegations in the context of Case No. 1441 in a communication of 28 June 1993 (see the attached summary in the direct contacts mission report, para. 13).
5. 232. The Director-General of the ILO appointed Professor José Vida Soria, Professor of Labour Law at the University of Grenada, and President of the Committee of Experts of the European Social Charter, to carry out the direct contacts mission, assisted by a member of the Freedom of Association Branch of the ILO. The mission took place from 27 September to 1 October 1993.
6. 233. The Committee notes that the mission met with Dr. Juan Sifontes, Minister of Labour and Social Welfare, Dr. Carlos Mauricio Molina, Attorney-General for Human Rights, Dr. Estela Avila, Chief of the International Relations Office of the Ministry of Labour, as well as with representatives of Interoccupational Coordination (UNTS, UNOC, AGEPYM, CGT, FESINCONSTRAM, CTS, etc.) and of the National Association of Private Enterprise (NAPE). It also met with Dr. Augusto Ramirez Ocampo, Chief of the United Nations Observer Mission (ONUSAL) and with several senior officials from ONUSAL. The Committee also notes that the government authorities and the representatives of workers' and employers' organizations collaborated closely with the mission, and that government authorities gave every assistance.
7. 234. The Committee has also noted Professor José Vida Soria's mission report (see Annex I), as well as the Government's observations addressed to the Committee and to the mission concerning outstanding allegations.
8. 235. El Salvador has ratified neither the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), nor the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).
9. 236. In as much as the direct contacts mission report contained in the Annex summarizes not only the substance of outstanding allegations, but also the Committee's previous conclusions and recommendations, as well as the Government's observations and the new allegations, the Committee proceeds directly to its conclusions and recommendations.

A. A. The Committee's conclusions

• The Committee's conclusions
  237. 237 The Committee notes the report of the direct contacts mission and observes with interest the positive evolution in the trade union situation and in El Salvador's relations with the ILO, especially with the Committee on Freedom of Association: its acceptance of the direct contacts mission, its reply to a substantial number of allegations, the promise of further observations on the remaining allegations, and the creation of a tripartite Forum on Economic and Social Consultation which has already approved the ratification of 14 ILO Conventions (including the Rural Workers' Organizations Convention, 1975 (No. 141), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)) and undertaken to submit them to the Legislative Assembly, and which has been made responsible for bringing the country's labour and trade union legislation up to date and into line with ILO standards.
  238. 238 The Committee notes the mission's observation "that the violation of trade union rights over the past 12 years has been a constant feature of the general climate of violence in the country and has affected everyday life and almost all basic human rights" and that "the social partners and the Government were aware that the veritable war that the country had gone through during the past 12 years was much more than just a question of terrorism and violence". The Committee also notes that, according to the mission report, it is "practically impossible in many cases to distinguish what was a violation of freedom of association and human rights and what was the consequence of the spiral of violence" and that "following the recent peace agreement (January 1993), there is now a real desire on the part of all concerned to put the past behind them".
  239. 239 The Committee notes with interest that, according to the mission report, no persons are being detained for trade union activities and there have been no further searches of trade union premises; violence against trade unionists has declined substantially - in the last 12 months there have only been isolated acts of violence against trade unionists except in some instances where threats have been made. The Committee further notes the mission report's observation that "industrial relations are now moving decisively towards normality (establishment of trade unions, collective bargaining, strikes, etc.) although the trade union organizations have reported cases of anti-union discrimination to the mission".
  240. 240 Notwithstanding the current improvements in the situation, the Committee deplores once again the numerous and serious acts of violence to which the trade union movement and their leaders have been subjected in recent years and which have often resulted in loss of life or the violation of the most fundamental human and trade union rights. The Committee calls on the Government to ensure that such events are never repeated.
  241. 241 Regarding the alleged assassination of trade unionists, the Committee observes that the Government denies the one murder that was alleged to have taken place in 1993 and asserts, on the contrary, that Fredy Torres is taking part in the Forum on Economic and Social Consultation. The Committee notes that, according to the Government, trade unionists Miguel Angel Lazo and Carlos Rodríguez Domínguez died in confrontations with the air force while they were engaged in sabotage and that, in the case of the trade unionists who died in the 31 October 1989 attack on the FENASTRAS headquarters (Rosa Hilda Saravia, Luis Edgardo Vázquez, Vicente Salvador Melgar, Ricardo Humberto Cestoni, José Daniel López Melendez, Julia Tatiana Mendoza and Febe Elizabeth Velázquez), the investigations that have been carried out have failed to identify the guilty parties and the case has therefore been dropped (this is corroborated by the report of the Committee on Truth set up under the Peace Agreements). The Committee notes further that judicial investigations have been initiated into the murder of trade unionists Porfirio Vásquez, Pedro Pérez and Martín Ayala, and that in the latter case the perpetrators have been captured. The Committee once again deplores all the deaths of trade unionists that have occurred and requests the Government to keep it informed of developments in the investigations into the other instances of murder, assault and disappearance of trade unionists in recent years. In the Committee's opinion, the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights.
  242. 242 While observing with interest that no trade unionists are being held for union activities, the Committee notes that the Government denies that some of the alleged arrests ever took place or justifies them on the grounds that, at the time, the persons concerned were guilty of common law crimes (assault, illegal possession of weapons, etc.). The Committee also observes that the Government denies that the armed forces have threatened certain trade unionists and states specifically that in some cases there has been no official complaint regarding such threats. Although these allegations refer to events prior to January 1993 (Chapultepec Peace Agreement), the Committee deplores the large number of trade unionists who have been arrested in recent years, the threats that have been made and the climate of intimidation in which trade union activity has often taken place and trusts that such occurrences, which prevent the normal exercise of trade union rights, will not be repeated in the future.
  243. 243 With respect to the alleged acts of anti-union discrimination, the Committee notes that the Government denies the dismissal of trade unionist Blanca Lidia López, that in the case of the ADOC factory it merely states that some workers who had been dismissed accepted compensation (the complainants alleged that the dismissals were due to the establishment of a trade union) and that it does not refer to the dismissal of trade unionists José Abraham Ramírez Guadrón and José Simeón Coto in March 1993. The Committee feels compelled to observe that the mission report mentions that trade union organizations have denounced many instances of anti-union discrimination and comments that to a large extent they reflect shortcomings in the legal system. On this point the Committee draws the attention of the Government to the principle that nobody should be dismissed or suffer discrimination in their employment on account of their trade union activities. The Committee urges the Government, in its forthcoming revision of the Labour Code and in the future Act respecting industrial relations in the public administration (for which the Government has requested ILO technical assistance), to guarantee adequate protection against dismissal and other acts of discrimination for carrying out legitimate trade union activities, such as the establishment of a trade union.
  244. 244 Finally, with respect to the kidnapping of the six-month-old son of trade unionist Lucas Bernal Mármol on 21 April 1993, the Committee has taken note of the Government's observations of 15 May 1993 in response to the International Confederation of Free Trade Unions' request that the Director-General of the ILO intervene in this matter. The Committee expresses its strong reprobation with respect to this kidnapping as well as its serious concern in observing that, up to 15 May 1993, the investigations conducted by the Criminal Investigation Committee, which point to a number of people with a background of child stealing, have not led to the whereabouts of the child. The Committee calls on the Government to redouble its efforts to find the child and punish the kidnappers.
  245. 245 Noting that, as regards the ratification of the fundamental ILO Conventions on freedom of association, the outlook for the immediate future is negative, the Committee reminds the Government that the ILO may provide its help in order to provide information on their contents with a view to possible ratifications.

REPORT OF PROFESSOR JOSE VIDA SORIA ON THE DIRECT

1. CONTACTS MISSION TO EL SALVADOR FROM 27 SEPTEMBER TO 1
2. OCTOBER 1993 IN THE FRAMEWORK OF THE PROCEDURES OF THE
3. COMMITTEE ON FREEDOM OF ASSOCIATION
4. A. Introduction
5. At its meeting in May 1993 when it examined outstanding allegations of
6. violation of trade union rights in El Salvador (Cases Nos. 1273, 1441, 1449
7. and 1524), the Committee on Freedom of Association noted that the Government
8. had failed almost completely to comply in the procedure, having sent
9. observations on only a very small number of the serious allegations presented,
10. and having failed to reply to the Committee's repeated requests since February
11. 1991 to agree to a direct contacts mission (see 288th Report, paras. 8 and
12. 35). The Committee insisted on the need for the Government to send the
13. information requested and to agree to the mission.
14. During the 80th Session of the International Labour Conference (June
15. 1993), the Minister of Labour and Social Welfare informed the Director-General
16. of the ILO that his Government would agree to the direct contacts mission.
17. The Director-General appointed me as his representative; I express my
18. gratitude for the confidence thus placed in me.
19. The mission took place in El Salvador from 27 September to 1 October
20. 1993. I was accompanied by Mr. Alberto Odero, a member of the Freedom of
21. Association Branch.
22. During the course of the mission I met with Dr. Juan Sifontes, Minister
23. of Labour and Social Welfare, Dr. Carlos Mauricio Melina, Attorney-General for
24. Human Rights, Dr. Estela Avila, Head of the International Relations Office of
25. the Ministry of Labour, as well as with representatives of Interoccupational
26. Coordination (UNTS, UNOC, AGEPYM, CGT, FES INCONSRAM, CTS, etc.) and of the
27. National Association of Private Enterprise (NAPE). I also met with Dr.
28. Augusto Ramirez Ocampo, Chief of the United Nations Observer Mission (ONUSAL),
29. and with several senior officials from ONUSAL.
30. I wish to emphasize that I received every form of assistance from the
31. Ministry of Labour and Social Welfare and the International Relations Office
32. during the course of the mission, and that all authorities I interviewed, as
33. well as the representatives of employers' and workers' organizations, were
34. extremely cooperative, and for this I thank them sincerely.
35. B. Allegations before the Committee at its May 1993 meeting, the
36. Government's partial reply, the Committee's conclusions and recommendations,
37. and allegations presented subsequently by the International
38. Confederation of Free Trade Unions
39. Case No. 1273
40. The complainants' allegations which remained outstanding refer to the
41. serious death threats against Mrs. Castañeda and Mrs. Sigüenza (members of the
42. Coffee Union) in April 1988, the disappearance of trade unionist Alberto Luis
43. Alfaro in March 1988, the violent death of trade unionists Jesús Rodas
44. Barahona in April 1988 and Julio César Inglés Chinchilla in May 1988, and the
45. dynamite attack against the ASTTEL trade union premises in April 1988. The
46. Committee had also requested information on the judicial inquiry initiated in
47. July 1986 into the murder of trade union leader José Arístides Méndez.
48. Cases Nos. 1441 and 1494
49. The complainants' allegations referred to the assassination of the
50. teacher Vilma Chavez on 22 October 1990; to the arrest on 14 March 1991, by
51. members of the police force, of 15 employees, members of the General
52. Association of Employees of the Ministry of Finance (AGEMHA), who had gone on
53. strike (they included Inmar Rolando Reyes, Melvin Ovidio Portillo and Oscar
54. Bonilla Segovia); to the arrest by the police on 15 March, during a strike by
55. more than 4,500 workers of AGEMHA in pursuance of wage and labour claims, of
56. Ernesto Beltrán, Carlos Salvador Viscarra, Mario Alberto Aviles, Jorge Alberto
57. Quijano, Jesús Alvarado, Edgardo Orellano, Jorge Alberto Araujo, Tomás
58. Montenegro, Nelson Pineda, Ambrosio N.; the detention of Mrs. Vilma Guzmán of
59. the Seamstresses' Union; the arrest of Pedro Matozo, Juan Lico and Adalberto
60. Gonzales, grass-roots members of the National Association of Agricultural
61. Workers (ANTA); and the detention of 23 members of ANTA in the same canton of
62. Río Frío (Ahuachapán) on the San Francisco de Asís hacienda by members of the
63. National Guard and Military Unit No. 7. Other allegations which remained
64. outstanding were those relating to the searching of and attack against the
65. headquarters of FENASTRAS (November 1989), which left nine persons dead and
66. many injured; the assassination, on 23 February 1989, of Miguel Angel Lazo
67. Quintanilla (a member of ANDES) and Carlos Rodríguez Domínguez (a member of
68. FUSS); and the arrest, on 16 March 1989, of the leader of FENASTRAS, Juan
69. José Huezo.
70. Case No. 1524
71. The allegations of the complainant organization (FENASTRAS) which
72. remained outstanding at the March 1992 meeting referred to numerous murders
73. and disappearances of trade union leaders, arrests and detentions of trade
74. unionists and workers (the complainants supplied the names of 331 of them) and
75. 56 attacks on trade union headquarters. (See Annexes 1, 2 and 3.)
76. New allegations
77. In its communications of 17 December 1991 and 19 August 1992, the ICFTU
78. alleges within the context of Case No. 1441, that the general climate of
79. intimidation and violence continues to prevail in El Salvador, making it
80. dangerous or impossible to engage in lawful trade union activities. It
81. indicates that the Government is a party to the disinformation campaigns that
82. are intended to portray trade unions as allies of the armed opposition and
83. thus to make them the object of repression by paramilitary units and the armed
84. forces' death squads. Also, the ICFTU calls upon the Committee to renew its
85. efforts to obtain acceptance by the Salvadorean authorities of a direct
86. contacts mission as soon as possible. Finally, the complainant organization
87. indicates that between April 1990 and September 1991 trade union leaders,
88. trade unionists and workers were the object of numerous murders,
89. disappearances, detentions, physical assaults and death threats (see Annexes 1
90. and 2), and that trade union premises and the homes of trade union leaders
91. were searched (see Annex 3). The ICFTU also refers to acts of anti-union
92. discrimination in the ADOC enterprise (the dismissal of ten trade union
93. leaders and 40 workers who sought to set up a trade union), and at ARCA SA
94. (police repression of striking workers).
95. The Government's partial reply
96. In its communication of 26 May 1992, the Government stated that although
97. a number of steps had been taken (the dispatch of material to the FBI's
98. technical laboratory in the United States of America, statements by witnesses,
99. examination of the corpses, etc.) with a view to shedding light on the
100. dynamite attack against the headquarters of FENASTRAS in October 1989, and
101. taking into account the fact that no group had claimed responsibility for the
102. attack, it had been decided to shelve the case in view of the lack of success
103. in identifying those responsible.
104. The Committee's conclusions and recommendations (May 1993)
105. The Committee adopted the following interim conclusions and
106. recommendations at its meeting of May 1993 (see 288th Report, paras. 23-27 and
107. 29-35):
108. The Committee notes, once again, the Government's manifest
109. lack of cooperation in observing the Committee's procedure and, specifically,
110. the inexplicable failure to send almost any of the information
111. repeatedly requested by the Committee so as to enable it to determine the
112. veracity of the outstanding allegations. The Committee has made use of urgent
113. appeals that have been ignored, and finds itself obliged, in view of the
114. time that has elapsed since the allegations were presented, to examine these
115. cases once again without having the Government's observations in respect of
116. the large majority of the allegations presented by the complainants.
117. The Committee once again reminds the Government that the aim of
118. the whole procedure is to ensure respect for trade union rights, both in
119. law and in practice. The Committee is convinced that whilst this procedure
120. protects governments against unreasonable accusations, governments on their
121. side should formulate, so as to allow objective examination, factual
122. replies to the allegations brought against them (First Report, para. 31,
123. approved by the Governing Body in March 1952).
124. The Committee deplores and emphasizes the seriousness of the
125. outstanding allegations and the new allegations which refer to the
126. murder and disappearance of a large number of trade union leaders, as well as
127. to death threats, physical attacks, arrest and detention of workers and
128. trade unionists, the searching of trade unionists' homes, the searching and
129. sacking of trade union premises and acts of anti-union discrimination.
130. The Committee takes note of the Government's observations to the
131. effect that it has been decided to shelve the case relating to the
132. investigation into the criminal act of setting off explosives in the
133. headquarters of FENASTRAS in October 1989 which left nine persons dead
134. and many injured, a decision which was taken in view of the
135. impossibility of identifying the authors of this criminal act and since
136. no group had claimed responsibility for it. The Committee considers it
137. unacceptable in such circumstances that the investigation has been
138. shelved because of the fact that the inquiries undertaken by a special
139. (non-judicial) ad hoc commission failed to produce positive results. The
140. Committee stresses the obligation on the Government to undertake the
141. necessary measures so as to identify and punish those responsible for
142. this condemnable attack so that the application of rapid and efficient
143. justice serves in the re-establishment of peace.
144. As regards the new allegations presented by the ICFTU, the
145. Committee takes note of the Government's remarks to the effect that the
146. judicial inquiries are currently under way into the murder of Porfirio
147. Vásquez and Miguel Angel Martínez. The Committee deplores these murders and
148. expresses the hope that the judicial procedures that are under way will
149. serve to clarify the facts and lead to the punishment of the guilty parties.
150. The Committee requests the Government to inform it of the result of the
151. judicial inquiries undertaken.
152. The Committee draws attention to the fact that the Government has
153. not replied to the remaining outstanding allegations, nor to the large
154. majority of the new allegations presented by the ICFTU in Cases Nos.
155. 1441 and 1494.
156. As regards the large number of violent deaths (43), disappearances
157. (17), physical assaults and death threats against trade union leaders and
158. trade unionists (see Annexes 1 and 2), the Committee once again deplores
159. these acts, which directly undermine the most basic human rights and the
160. development of a free and independent trade union movement. The
161. Committee draws the Government's attention to the fact that a situation
162. which gives rise to a climate of violence such as that which encourages the
163. murder, kidnapping or disappearance of trade union leaders and persons
164. is totally incompatible with the principles of freedom of association. In
165. these circumstances, the Committee requests the Government urgently
166. to order a judicial inquiry aimed at shedding light on the murder and
167. disappearance of, and the physical assaults and death threats against trade
168. union leaders and trade unionists, to punish the guilty parties and to
169. avoid a recurrence of such acts. In the Committee's opinion, the absence of
170. judgements against the guilty parties creates, in practice, a situation
171. of impunity, which reinforces the climate of violence and insecurity,
172. and which is extremely damaging to the exercise of trade union activities.
173. The Committee requests the Government to keep it informed of all
174. investigations undertaken.
175. As regards the numerous arrests and detentions of trade union
176. leaders and trade unionists (390 in all), the Committee draws the Government's
177. attention to the fact that the arrest and detention of trade unionists
178. on the grounds of trade union activities constitute a serious infringement of
179. freedom of association and a serious obstacle to the exercise of trade
180. union rights. The Committee once again requests the Government to
181. release all those who might have been detained on the grounds of trade union
182. activities and to provide information on the situation of all trade
183. union members and leaders referred to in these cases, indicating whether they
184. are currently detained, on trial or free.
185. As regards the 22 instances of searches, carried out with
186. violence, of trade union premises and homes of trade unionists, as
187. alleged by the complainants (see Annex 3), the Committee considers these acts
188. to be inexcusable and points out that any search of trade union premises
189. or unionists' homes, without a court order, constitutes an extremely
190. serious infringement of freedom of association. It emphasizes that the
191. resolution concerning trade union rights and their relation to civil
192. liberties adopted by the International Labour Conference at its 54th Session
193. (1970), provides that the right to adequate protection of trade union
194. property constitutes one of the essential civil liberties for the normal
195. exercise of trade union rights. The Committee urges the Government to
196. undertake judicial inquiries into the violent searches carried out against
197. trade union premises and the homes of trade unionists, with the aim of
198. identifying and punishing the guilty parties in an exemplary manner so
199. as to avoid a recurrence of such acts. The Committee requests the Government
200. to supply it as soon as possible with all the relevant information it
201. has at its disposal.
202. As regards the new allegations concerning acts of anti-union
203. discrimination at the ADOC works (the dismissal of ten trade union leaders and
204. 40 wnrkers for attempting to establish a trade union) and at ARCO S.A.
205. (police repression of striking workers), the Committee notes that the
206. Government has neither supplied its observations on these allegations
207. nor put forward reasons to justify this omission, and again requests the
208. Government to send its comments in the shortest possible time.
209. The Committee draws attention to the Government's persistent
210. negative attitude, shown since February 1991 by its refusal to accept a direct
211. contacts mission to the country and by its failure, despite the extreme
212. seriousness of the allegations, to send the information required by the
213. Committee. The Committee deplores the Government's unacceptable
214. attitude. It urges it once again to send the information and accept the
215. mission in question, and recommends to the Governing Body to give the widest
216. publicity to the present report, particularly in El Salvador.
217. The Committee requests the Director-General of the ILO to contact
218. the representatives of the Government of El Salvador at the next session
219. of the International Labour Conference (June 1993), and to urge the Government
220. fully to abide by the Committee's recommendations.
221. ANNEX 1
222. Murdered trade unionists
223. Name Date of murder
224. 1. Rosa Hilda Saravia de Elías (31.10.89) STITAS and FENASTRAS
225. 2. Luis Gerardo Vásquez (31.10.89) member of SIGEBAN
226. 3. Vicente Salvador Melgar (31.10.89) member of SETA
227. 4. Ricardo Humberto Cestoni (31.10.89) member of SETA
228. 5. José Daniel Meléndez (31.10.89) member of SOICSCES
229. 6. Julia Tatiana Mendoza Aguirre (31.10.89) member of STITGASC
230. 7. Febe Elizabeth Velásquez (31.10.89) member of FENASTRAS
231. 8. Miguel Angel Lazo (19.3.89) member of ANDES
232. 9. María Cristina Gómez (4.4.89) member of ANDES
233. 10. Pablo Obducio Vargas (11.5.89) member of SICAFE
234. 11. Carlos Rodríguez Domínguez (4.3.89) member of FUSS
235. 12. José Joaquín González (20.6.89) member of COACES
236. 13. Gregorio Ascencio Portillo (2.8.89) no information
237. 14. Gregorio Nuñez (2.8.89) member of ASID
238. 15. Rodolfo Andrés Prieto (12.11.89) General Secretary of SETA
239. 16. Simón Massin (12.11.89) member of UNTS
240. 17. Juan Antonio Inglés (12.11.89) member of STITAS
241. 18. Leonardo Beltrán (12.11.89) member of SIDPA and General
242. Secretary of the Cooperative of Municipal Employees of Santa Ana
243. 19. Héctor Gómez (12.11.89) member of ANTRAM
244. 20. Julia del Carmen Ponce Flores (31.12.89) member of "La Reforma"
245. Cooperative, La Magdalena, Santa Ana
246. 21. Angel María Flores Aragón (31.12.89) member of "La Reforma"
247. Cooperative, La Magdalena, Santa Ana
248. New allegations:
249. Name Date of murder
250. 22. Profirio Vásquez (12.1.91) member of the 4 de Junio
251. Cooperative Association
252. 23. 12 rural workers (30.6.91) Río Frío, Department of San
253. Vicente
254. 24. Martín Ayala Ramírez and (8.7.91) both were members of Leticia
255. Campos (seriously the Salavadorian Communal injured) Movement (MCS)
256. 25. Pedro Pérez, Islao Ortiz (13.7.91) National Association of and two
257. members Rural Workers (ANC)
258. 26. Miguel Angel Martínez (24.9.91) member of the Building Industry
259. Trade Union (SURC)
260. 27. Miguel Angel Alvarenga (22.7.92) leader of FENASTRAS and Second
261. Secretary (Disputes) of the Trade Union of Workers in the Tourism and
262. Gastronomic Industry and Similar and
263. Related Activities
264. 28. Iván Ramírez (31.7.92) First Secretary (Disputes) of
265. FENASTRAS and Labour Adviser of SOICSES
266. 29. Nazario de Jesús Gracias (3.3.92) member of the IRA trade union
267. ANNEX 2
268. Trade unionists who have disappeared
269. Name Date
270. 1. Mateo Díaz Bernal (24.2.89) member of FECORAO
271. 2. Salvador Miranda (24.2.89) member of FECORAO
272. 3. Amilcar Pérez (17.3.89) affiliated to SETA
273. 4. Nicolás Aviles Urbina (22.9.89) member of ANTA
274. 5. Manuel de Jesús (11.11.89) member of FUSS
275. Molina Gómez
276. 6. Manuel de Jesús Guevara (14.11.89 member of SETA
277. 7. Jorge Alberto Sosa (19.1.90) member of SICAFE
278. 8. Adán Chacón (19.1.90) member of SICAFE
279. 9. Mariano de Jesús Carranza (19.1.90) member of SICAFE
280. Menéndez
281. 10. Sara Cristina Chan Chan (19.8.89) member of FENASTRAS
282. 11. Seven rural workers (8.91) from Soledad Viuda de Alas, Soyapango
283. New allegations: Physical assaults and death threats against trade union
284. leaders, trade unionists and workers:
285. 1. Workers from the Ministry of Public Works were violently attacked by
286. army personnel on 20 December 1990;
287. 2. Members of the General Association of Employees of the Ministry of
288. Finance who had declared a strike were attacked by the police on 20 March
289. 1991;
290. 3. Norma and Virginia Guirola de Herrera, both workers in the Institute for
291. Research and the Training and Development of Women, were threatened and
292. ordered by the "Condor Group" to leave their work premises on 8 June 1991;
293. 4. Salvadorean participants in the Trade Union Training Seminar organized
294. by the Interamerican Regional Organization of Workers of the ICFTU (ORIT) were
295. subjected to threats by the "Salvadorean Anti-Communist Front (FAS)" from 17
296. to 21 June 1991;
297. 5. Amanda Villatorio, Vice-President of the Womens' Committee of ORIT,
298. national coordinator of UNOC-CTD and member of the Legislative Assembly, was
299. threatened by the FAS on 16 July 1991;
300. 6. The rural workers of Soledad Viuda de Alas, Soyapango, were brutally
301. beaten by military forces in August 1991;
302. 7. MCS leader Mario Chávez and members of the cooperative association of
303. the department of La Libertad were threatened by the colonel of the artillery
304. brigade during the months of August-September 1991;
305. 8. Pedro Regalado Orellana and Fredy Vásquez, both SUTC leaders, were
306. threatened by the FAS on 24 September 1991;
307. 9. Death threats against Juan José Huezo, Secretary-General of FENASTRAS
308. (August 1992).
309. New allegations: Detentions:
310. Name Date of detention
311. 1. Four members of the (30.4.90) Buena Vista Cooperative
312. 2. María Isabel García Ayala (1.5.90) member of the Association of
313. Independant Workers of los Arenales
314. de las Cañas, Tiaca
315. 3. Gregoria Antonia Avalos (21.6.90) official of the Teachers' Union
316. ANDES
317. 4. Rodolfo García Ayala (3.7.90) trade unionist
318. 5. Luis Felipe Díaz (22.6.90) President of the Flor de Primavera
319. Cooperative Association
320. 6. Lucio Sánchez (24.8.90) UCS official
321. 7. Juan Antonio Serrano (16.11.90) Secretary (Disputes) of Moltavo the
322. Salvadorean Association of Workers in the Institute for the Regulation of
323. Supply (ASTIRA)
324. 8. Luis Barrios, Manuel Pérez (15.3.91) members of the General and Jorge
325. Araujo Menjívar Association of Employees of the Ministry of Finance
326. 9. Víctor Méndez López (9.5.91) member of the National Union for the
327. Meat Industry (SNIC)
328. 10. Ruiz Ascencio (14.9.91) member of SNIC
329. 11. 23 rural workers (17.5.91) Department of Auhuachapán
330. 12. Luis Arcenio Sorto (8.91) employee of the Institute for the
331. Regulation of Supply
332. 13. Wuilfredo Hernández Quijano (21.8.91) member of CODYDES
333. 14. Miseal Hernández and (8.9.91) members of the cooperative Rodil
334. Antonio Pireda of the Department of La Libertad
335. ANNEX 3
336. Searching of trade union premises
337. Trade union premises searched Date of search
338. 1. Offices of ASTTEL (11.3.89)
339. 2. Premises of UNTS (21.3.89)
340. 3. Premises of FENASTRAS (26.3.89)
341. 4. Premises of FUSS (26.3.89)
342. 5. Premises of UNTS (26.3.89)
343. 6. Premises of SIGEBAN (sacked) (12.4.89)
344. 7. Premises of FUSS (20.4.89)
345. 8. Premises of FESTIAVSCES (20.4.89)
346. 9. Premises of CODYDES (20.4.89)
347. 10. Premises of ASID (15.5.89)
348. 11. Premises of FENASTRAS (25.5.89)
349. 12. Premises of FUSS (25.5.89)
350. 13. Premises of SOICSCES (sacked) (6.6.89)
351. 14. Building of the "El Soto" (5.7.89) Cooperative (sacked)
352. 15. Offices of ANTA (13.7.89)
353. 16. Offices of FENASTRAS (surrounded (28.7.89) by the national police,
354. entrance being refused to an international delegation)
355. 17. Offices of ANTMAG (9.9.89)
356. 18. Offices of ANTMAG (sacked) (24.9.89)
357. New allegations:
358. 19. The home of Arturo Magama (1.5.90) UNOC leader
359. 20. The home of Luis Felipe Díaz (10.9.91) President of the Flor de
360. Primavera Cooperative Association
361. 21. Premises of the El Palmital (10.9.91) Cooperative Association
362. in Ozathlán
363. 22. Premises of the Salvadorean (10.9.91) Women's Movement
364. Recent allegations submitted by the ICFTU on 28 June 1993
365. In its communication of 28 June 1993 the ICFTU alleges that:
366. - on 7 October 1992 Messrs. Juan José Huezo (General Secretary of FENASTRAS)
367. and Mark Anner (Legal Counsel of FENASTRAS) were detained by the police for
368. three hours and threatened with death at the International Airport of El
369. Salvador;
370. - on 16 October 1992 Mr. Felipe Vázquez Miranda (Finance Secretary of
371. FENASTRAS) was stabbed as he was leaving the Federation's premises;
372. - in October 1992 Mrs. Blanca Lidia López (Disputes Secretary of the
373. Trade Union of Compañía Florenzi SA de CV) was dismissed owing to her trade
374. union activities;
375. - on 27 October 1992 unidentified persons attempted to abduct Mrs. Sarahi
376. Molina de Huezo (Secretary for Youth and Women's Affairs of FENASTRAS);
377. - the police has laid siege to the plants of Chaparrastique, Chanmico,
378. La Magdalena and San Francisco, with a view to intimidating the workers and
379. getting them to withdraw their demands. Likewise, it alleges that Mr.
380. Ovidio Tejada Bruno (General Secretary of the National Sugar Industry Trade
381. Union (SINA)) has received death threats;
382. - on 21 February 1993 Mr. Fredy Torres (member of the Salvadorean Social
383. Security Institute Trade Union) was murdered;
384. - on 21 April 1993 the six-month-old son of Mr. Lucas Bernal Mármol
385. (official of the Democratic Workers' Trade Union) was kidnapped;
386. - on 23 March 1993 Mr. José Abraham Ramírez Guadrón (official of the
387. trade union of the Fábrica Minerva SA de CV) was dismissed without being
388. notified of the reasons for his dismissal. Subsequently, Mr. José Simeón Coto
389. (a member of the executive committee of the aforementioned trade union)
390. was also dismissed.
391. C. Context and mandate of the mission
392. Between 1980 and 1991 the Republic of El Salvador was engulfed in a civil
393. war which left several thousands of members of the military and civilians
394. dead. The members of both warring parties engaged in an ever-mounting number
395. of very serious violations of human rights which led to even more excessive
396. actions. The many and extraordinarily complex causes of the conflict
397. reflected ideological, political, economic and social tensions which had been
398. building up for many years, and ultimately exploded in the last years of the
399. Cold War.
400. Trade union rights, which were already severely restricted by law, were
401. even further curtailed during this period following the declaration of a state
402. of siege and the rather close relations between a number of trade union
403. organizations and the guerillas. Consequently, much trade union activity was
404. clandestine or took place abroad. Violations of basic human rights were also
405. directed against many trade unionists. This explains why, between 1988 and
406. 1992, national and international trade union orgaizations submitted to the
407. Committee on Freedom of Association of the Governing Body of the ILO a number
408. of extremely serious complaints, alleging the murder, disappearance, torture
409. and assaults against the physical integrity and detention of trade unionists
410. and trade union leaders, as well as attacks against trade union premises and
411. acts of anti-union discrimination. The purpose of this direct contacts
412. mission is to gather general information and precisions on the allegations
413. pending before the Committee on Freedom of Association for the period 1988-92,
414. to provide the Committee with enough information to enable it to reach
415. conclusions in these matters. This report of the direct contacts mission will
416. not consider or examine violations of trade union rights by the FMLN, inasmuch
417. as the complaints submitted to the Committee on Freedom of Association have
418. only been presented against the Government of El Salvador and since, according
419. to the Committee's procedure, only complaints against governments alleging the
420. violation of trade union rights are admissible.
421. It should be recalled that in 1986 similar complaints led to another
422. direct contacts mission which was carried out by Professor Andrés Aguilar; his
423. report provided the Committee on Freedom of Association with enough
424. information to enable it to examine the various allegations and formulate
425. conclusions and recommendations (see the Committee's 243rd Report, Cases Nos.
426. 953, 973, 1016, 1150, 1168, 1233, 1258, 1269, 1273 and 1281 (El Salvador),
427. paras. 366 to 418 (where the direct contacts mission report is contained as an
428. annex), approved by the Governing Body at its 232nd Session (March 1986)).
429. D. The peace agreements, the report of the Commission on the Truth,
430. and the amnesty laws
431. Under the auspices of the United Nations and with the invaluable
432. collaboration of several persons, between 1989 and 1992 the warring parties
433. signed several agreements which culminated in the Peace Agreement of
434. Chapultepec of 16 January 1992, which put an end to the conflict. The United
435. Nations is entrusted with the task of verifying the implementation of all
436. agreements, which cover a number of questions, including certain commitments
437. for the effective respect of human rights and trade union rights.
438. The Mexico Agreements, signed on 27 April 1991, merit special mention, for
439. the parties decided to set up the "Commission on the Truth", which had "the
440. task of investigating serious acts of violence that have occurred since 1980
441. and whose impact on society urgently demands that the public should know the
442. truth as quickly as possible", and of making "legal, political or
443. administrative recommendations" on the basis of its investigation, with the
444. parties undertaking "to carry out the Commission's recommendations".
445. Since the Commission on the Truth examines in its report some of the
446. allegations pending before the Committee on Freedom of Association (the attack
447. on the headquarters of FENASTRAS on 31 October 1989), and recommends the
448. ratification of Conventions Nos. 87 and 98 of the ILO, I have found it useful
449. in my report to refer to the relevant paragraphs of the report prepared by the
450. Commission on the Truth.
451. Concretely, the Commission on the Truth states in its recommendations on
452. the "protection of human rights" that "certain decisions should also be taken
453. at the international level to reinforce the country's adherence to global and
454. regional systems for the protection of human rights. To that end, the
455. Commission recommends that El Salvador: ratify the following international
456. instruments ... Conventions Nos. 87 and 98 of the International Labour
457. Organization ..."
458. The report of the Commission on the Truth describes the assault against
459. FENASTRAS headquarters on 31 October 1989:
460. The National Trade Union Federation of Salvadorean Workers
461. (FENASTRAS) is an independent federation formed in 1974 to strengthen trade
462. unions and promote the interests of Salvadorean workers. It has 25,000
463. individual members and 16 member trade unions. It is the largest industrial
464. trade union federation in El Salvador. Its main office is located 200
465. metres away from the National Police in San Salvador.
466. At approximately 12.30 p.m. on 31 October 1989, a worker who was
467. a member of FENASTRAS noticed someone propping a sack against the outside
468. wall of the FENASTRAS cafeteria. He smelt gunpowder and ran inside to warn
469. his companions. Another witness, a scrap dealer, noticed two young men
470. entering FENASTRAS grounds through the door in the access wall. One of
471. them was carrying a suitcase in a jute sack. Through the door in the
472. wall, he saw one of them "crouch down as if he was setting light to
473. something". As he came out, he shouted that they had planted a bomb and
474. the two of them ran off northwards.
475. Outside, someone yelled "bomb!" and people began running. At that
476. moment, the bomb exploded. The building was enveloped in smoke and powder
477. and the offices were destroyed. More than 40 people were injured and the
478. following were killed: Ricardo Humberto Cestoni, trade unionist; Carmen
479. Catalina Hernández Ramos, FENASTRAS cook; José Daniel López Meléndez,
480. trade unionist; Julia Tatiana Mendoza Aguirre, trade unionist and
481. daughter of a leader of the Frente Democrático Revolucionario (FDR)
482. assassinated in 1980; Vicente Salvador Melgar, trade unionist; María
483. Magdalena Rosales, student and daughter of a trade union leader; Rosa
484. Hilda Saravia de Elias, FENASTRAS cook and trade union member; Luis
485. Edgardo Vásquez Márquez, trade unionist; and Febe Elizabeth Velásquez,
486. International Secretary of FENASTRAS and a member of the Executive
487. Committee of the Unidad Nacional de Trabajadores Salvadoreños (UNTS).
488. FENASTRAS members and the main trade unions blamed the armed forces.
489. UNTS accused the Ministry of Defence of "summarily executing" the workers in
490. retaliation for an FMLN attack on the Armed Forces Joint Staff the
491. previous day.
492. The Commission on the Truth stated in its conclusions that "there is full
493. evidence that the attack on the FENASTRAS offices was carried out using a bomb
494. which persons unknown placed outside the building", and that "there is
495. substantial evidence that the competent authorities of El Salvador did not
496. carry out a full and impartial investigation of the attacks on the offices of
497. FENASTRAS".
498. Since the Committee on Freedom of Association has requested the opening of
499. judicial investigations on the various acts of violence against trade
500. unionists and trade union leaders and against trade union premises, I consider
501. it necessary to inform the Committee that the following laws of amnesty have
502. been approved by the Salvadorean Legislative Assembly: the Amnesty Act for
503. National Reconciliation of 28 October 1987; the National Reconciliation Act,
504. of 23 January 1992; and the General Amnesty Act for the Consolidation of
505. Peace, of 20 May 1993. These laws grant total amnesty, particularly "to
506. persons having participated in political crimes or in ordinary offences
507. related to political crimes ..." According to the information communicated to
508. the Commission, it is very probable that some of the crimes committed against
509. trade unionists and which have been the subject of the allegations before the
510. Committee, have been covered by the amnesty.
511. E. Information provided to the mission by the Government and by
512. workers' and employers' organizations
513. (a) Information on pending allegations
514. Throughout the mission, the Ministry of Labour and Social Welfare provided
515. the mission with its own files and other documents that it was able to obtain
516. on the pending allegations. Following discussions with the mission, the
517. Government provided a report which is summarized below:
518. The Government of the Republic of El Salvador reaffirms its determination
519. to continue with the peace process. The search for peace has in one way or
520. another always been present in the life of Salvadoreans; therefore, whenever
521. complaints have been made of alleged violations, steps have been taken to
522. carry out meticulous investigations and obtain data and information which are
523. transmitted to the respective organizations.
524. It is for these reasons that the Government emphatically denies that it
525. has committed any acts of repression against the trade union movement or
526. carried out any searches of trade union premises; on the contrary, the
527. establishment of workers' occupational associations is promoted and they are
528. assisted in their development, thus encouraging the conclusion of collective
529. agreements and contracts.
530. As regards the alleged arrests of unionized workers, inquiries are still
531. under way to determine whether these arrests are - or were - made as a result
532. of common law offences or trade union activities; no trade unionist is being
533. held in our prisons simply on account of being a member of any occupational
534. association.
535. A sum of money was recently stolen from FENASTRAS which published the list
536. of the names of the persons allegedly implicated in this robbery who were
537. members of FENASTRAS. The case is being heard in the Seventh Criminal Court.
538. Irrespective of the fact that the accused are members of FENASTRAS, they will
539. have to answer to the charges brought against them. This does not constitute
540. trade union persecution.
541. It is important to state that our country has embarked upon a democratic
542. system based upon participation. On 17 February of this year the sectors
543. represented in the Forum on Social and Economic Consultation signed before the
544. nation an agreement of principles and commitments. The text of this document
545. expressed the common desire to respect, inter alia, the principle of the
546. supremacy of the Constitution. In order to guarantee that the Labour Code of
547. El Salvador is overhauled in a responsible way and that the technical and
548. legal content is of a high level, to bring it into line with the Constitution
549. of the Republic and international labour standards - thus endowing the country
550. with modern labour legislation - the ILO has been requested to assist in the
551. preparation of a document setting out the proposals for a revision of the
552. Labour Code in the light of the commitments agreed upon.
553. There is consensus in the Forum on Social and Economic Consultation to
554. ratify Conventions Nos. 10, 77, 78, 81, 88, 99, 111, 122, 129, 131, 138, 141,
555. 142 and 144.
556. The objective of the Government is to ensure the well-being of the
557. population. It intends upholding a State based on the rule of law, which must
558. necessarily be regulated by the legal standards set forth in particular in the
559. political Constitution of the Republic as well as in national legislation and
560. international treaties signed and ratified by El Salvador.
561. The Government makes the following observations on the new allegations
562. concerning physical attacks and death threats against trade union leaders,
563. trade unionists and workers:
564. - Arrest of four members of the Buena Vista Cooperative on 30 April 1990.
565. Reply:
566. The report sent on 13 July 1992 by the Ministry of Defence and Public
567. Safety states that these persons were not arrested by the police in this
568. town.
569. - Abduction of María Isabel García Ayala, member of the Association of
570. Independent Workers of Los Arenales de las Cañas (TIACA).
571. Reply:
572. A careful review of the files showed that María Isabel García Ayala
573. was not detained at the Ministry of Defence.
574. - On 21 June 1990, Gregorio Antonio Avalos, an official of the teachers'
575. union ANDES, was arrested and detained for a prolonged period.
576. Reply:
577. The Ministry of Defence and Public Safety stated that Gregorio Antonio
578. Avalos Marroquín was arrested for having been caught in the act of
579. distributing subversive propaganda and on the suspicion of being a member
580. of the commando group Urbano; he was released and handed over to Mrs.
581. Anne Kaeiser, a delegate of the International Committee of the Red Cross on 18
582. November 1990.
583. - Arrest of the trade unionist Rodolfo García Ayala on 3 July 1990.
584. Reply:
585. On 3 July this person was arrested by the armed forces of San Nicolás
586. district, Apopa, San Salvador, on charges of having made serious threats,
587. assaulting and inflicting injuries on an unidentified person on 20 June 1990.
588. This person was placed before the justice of the peace of Apopa within the
589. statutory period.
590. - On 22 June 1990, Luis Felipe Díaz, President of the Flor de Primavera
591. Cooperative Association, was taken from his house in Ishuatán by members of
592. the Civil Defence.
593. Reply:
594. A careful review of the files shows that Mr. Luis Felipe Díaz was not
595. detained at the Ministry of Security.
596. - On 24 August 1990, Luis Sánchez, a UCS official, was detained for three
597. hours and his house was searched by military staff.
598. Reply:
599. A review of the files showed that Luis Sánchez was not detained by the
600. Ministry of Defence.
601. - On 16 November 1990, Juan Antonio Serrano Montalvo, Secretary (Disputes)
602. of the Salvadorean Association of Workers in the Institute for the Regulation
603. of Supply (ASTIRA) was arrested.
604. Reply:
605. On 16 November 1991 Juan Antonio Serrano Montalvo was arrested by the
606. armed forces in Santa Martha housing estate No. 2, passage 4, block 17,
607. opposite house No. 104, on a charge of carrying firearms; he was handed over
608. to his brother Marlon Serrano, at 5 p.m. on 18 November 1991, once the
609. corresponding report had been drawn up and no evidence found against him.
610. - On 12 January 1991, Porfirio Vásquez, a member of the Cooperative
611. Association, was murdered in Candelaria de la Frontera, by gunmen hired by
612. the landowner Tomás Ramírez Magaña.
613. Reply:
614. The Court of the First Instance in Chalchuapa ordered the arrest of
615. Ramírez Magaña on a charge of usurpation; this order was reversed by the
616. Criminal Court of Occidente, which established that Mr. Ramírez neither
617. organized nor financed Porfirio Vásquez's murder.
618. - On 9 May 1991, Víctor Méndez López, a member of the National Union for
619. the Meat Industry (SNIC), was arrested by members of the national police at
620. his workplace in the municipal market of San Salvador.
621. Reply:
622. There is no information on this incident in our files. No complaint
623. was lodged on the matter and we therefore do not know if it actually occurred.
624. - On 14 September 1991, Ramírez Ascencio was arrested and subjected to
625. brutal torture.
626. Reply:
627. There is no record in our files that Ramírez Ascencio was arrested by
628. the armed forces.
629. - Martín Ayala Ramírez was murdered and Leticia Campos seriously injured
630. on 8 June 1991.
631. Reply:
632. The inquiries carried out established the identity of the persons involved
633. in this case and of the instigators. Marta Abigail Contreras was arrested on
634. 3 September 1991 and referred to the competent courts on 7 September 1991;
635. in her extrajudicial statement she acknowledged her guilt and gave a number of
636. details which implicated José Luis Anaya and Gilberto Antonio Contreras.
637. The latter stated that they committed the crime on the night of 7 July 1991;
638. after tying the guard to a post and inflicting multiple injuries on Martín
639. Ayala's wife, Leticia de Ayala, José Luis Anaya and Gilberto Contreras then
640. cut Martín Ayala's throat. After their arrest these persons were brought
641. before the magistrate in the Isidro Menéndez Judicial Centre and admitted
642. that they had carried out the crime, thus clearing the national police and
643. the armed forces of any involvement.
644. - On 13 July 1991, Pedro Pérez and Islao Ortéz were murdered by an army
645. unit in Cacaopera, Morazán.
646. Reply:
647. The information available in the files is as follows: according to an
648. interview carried out with María Anastasia Pérez, the mother of the victim,
649. her son died on 17 August 1991. She heard on the Chaparrastique radio
650. station that her son's body had been found on the road from San Miguel to
651. La Unión. In her statement, she added that he had been assassinated by his
652. employer, although she did not not know his name; at no moment did she
653. accuse the armed forces as they had no grounds for committing the crime.
654. The inquiry is continuing.
655. No information is available on Islao Ortéz.
656. - Amanda Villatoro, Vice-President of the Women's Committee of ORIT,
657. national coordinator of UNOC-CDT and member of the Legislative Assembly, who
658. was threatened by the FAS on 16 July 1991.
659. Reply:
660. No information is available on this matter in our files. The armed
661. forces have denied these accusations.
662. - Norma and Virginia Guirola de Herrera, both workers in the Institute
663. for Research in the Training and Development of Women, who were threatened and
664. ordered by the "Cóndor Group" to leave their work premises on 8 June 1991.
665. Reply:
666. It has been established that at no time did the armed forces place
667. under surveillance or threaten members of this Institute.
668. - Salvadorean participants in the Trade Union Training Seminar organized
669. by the Inter-American Regional Organization of Workers of the ICFTU (ORIT)
670. were subjected to threats by the "Salvadorean Anti-Communist Front (FAS)" from
671. 17 to 21 June 1991.
672. Reply:
673. The inquiries carried out were not able to establish the accuracy of
674. these claims.
675. - The rural workers of Soledad Viuda de Alas, Soyapango, were brutally
676. beaten by military forces in August 1991.
677. Reply:
678. The inquiries carried out established that at no time did members of
679. the security forces of this country mistreat the population of this
680. community; on the contrary, the inhabitants were very grateful for this
681. transfer, as the armed forces helped those who wanted to move to the new
682. housing financed by the "Construcciones Canadá" enterprise, which owns the
683. Finca Victoria building.
684. - Mario Chávez, leader of the MCS and members of the cooperative association
685. of the department of La Libertad were threatened by the colonel of the
686. Artillery Brigade during the months of August and September 1991.
687. Reply:
688. The data are as follows. The fifth section of the Artillery Brigade
689. carried out intelligence work in 1990 to counter the activities of Mario
690. Chávez, suspected of conducting a campaign to discredit the armed forces; at
691. no time were orders given to make threats of any kind against Mario Chávez
692. Martinez.
693. - Pedro Regalado Orellana and Fredy Vásquez, both SUTC leaders, were
694. threatened by the FAS on 24 September 1991 (in a subsequent communication
695. the ICFTU reported the murder of the latter leader).
696. Reply:
697. The Ministry of Defence has no information on the alleged threats by
698. the FAS against Pedro Regalado Orellana and Fredy Vásquez.
699. - In October 1992, Blanca Lidia López (Disputes Secretary) of the subsection
700. of the trade union of the "Florenzi SA de CV" industrial enterprise was
701. dismissed for her trade union activities.
702. Reply:
703. On 6 October 1992 Rosa Aminta Ramírez, in her capacity as authorized
704. representative of the Florenzi SA enterprise, requested the dismissal of the
705. above-mentioned worker on disciplinary grounds; this request was turned
706. down because it had not been drawn up in due legal form.
707. As regards the allegations by complainants which remain pending from Cases
708. Nos. 1494, 1659, 1524, 1693, 1441 and 1273, the Government also refers to its
709. previous statements.
710. In the event of the information on the above-mentioned cases not having
711. been received, the Secretariat of State is prepared to send the latest
712. findings obtained from the inquiries conducted.
713. Observations of the Government of El Salvador on Case No. 1494
714. Reply of the Government of El Salvador. Following the inquiry carried out
715. into the complaint submitted to the ILO by the World Confederation of
716. Organizations of the Teaching Profession (WCOTP) for alleged violations of
717. freedom of association in El Salvador, following the murder of Miguel Angel
718. Lazo Quintanilla, Disputes Secretary of the National Association of Educators
719. in El Salvador, the Government states that according to a document received by
720. the Secretariat of State on 19 July 1989, General Juan Rafaél Bustillo,
721. Commander of the Air Force of El Salvador. Miguel Angel Lazo Quintanilla and
722. Carlos Rodríguez Domínguez died as a result of an armed conflict with units of
723. the paratroop battalion of the Air Force of El Salvador, when they were
724. carrying out acts of sabotage with other armed terrorists and creating panic
725. among the population; after the clash, the weapons of these persons were
726. confiscated; it is completely false that their bodies bore any signs of
727. torture, since they died in combat.
728. As regards the case of the teacher Cristina Gómez, her arrest and murder
729. were mainly intended to discredit the air force.
730. It is important to reiterate that replies have been given to the various
731. requests received and that new methods have been applied to obtain information
732. from the different services concerned, which have been communicated as soon as
733. possible. The information on this case was sent on 14 February 1990.
734. Observations of the Government of El Salvador on Case No. 1524
735. The allegations of the International Confederation of Free Trade Unions
736. (ICFTU) and the Single Trade Union Federation of El Salvador (FUSS) which are
737. pending refer to a criminal explosion which occurred at the headquarters of
738. the National Trade Union Federation of El Salvador (FENASTRAS) on 21 October
739. 1989. After referring to its previous reply, the Government states that, with
740. a view to obtaining more information that might shed light on this repugnant
741. act, the Government was one of the first to condemn the attack and has made
742. every effort to gather any information to clarify this case. The most recent
743. information provided by the Government Attorney's Office is as follows:
744. The Government Attorney's Office opened an inquiry, No. 216-DH-89, through
745. the Human Rights Unit, thus intervening in the criminal proceedings being
746. carried out in Criminal Court No. 2 of the city under Case No. 359/89; the
747. text of the report on the case stipulates as follows:
748. Reference 216-DH-89 - Case No. 359/89, Criminal Court No. 2 of San
749. Salvador: Mr. Government Attorney: On the basis of criminal law, I refer
750. to the inquiry into the deaths of Julia Tatiana Aguirre Mendoza, Rosa Hilda
751. Saravia de Elías, Ricardo Humberto Cestoni, José Daniel López Meléndez,
752. Vicente Salvador Melgar, Luis Edgardo Vásquez Márquez, Febe Elizabeth
753. Velásquez, María Magdalena Rosales Sánchez, Carmen Catalina Hernández
754. Ramos and Juan Tejada, from injuries caused by the explosion of a device
755. in the National Trade Union Federation of Salvadorean Workers; the
756. explosion occurred on 31 October 1989 and the case is known as the
757. FENASTRAS case. EXTRAJUDICIAL PROCEEDINGS: These proceedings were
758. monitored by the Committee of Inquiry on Criminal Acts which sent a report
759. to the Court dated 30 May 1990, stating that the evidence collected in the
760. inquiry had been sent to the FBI technical laboratory in the United
761. States; however, the laboratory found no explosive residue which would
762. have helped to identify the material used because of the time which had
763. elapsed between the date of the incident and the date of access to the
764. scene of the crime, which had been altered. JUDICIAL PROCEEDINGS: The
765. judicial proceedings carried out consisted of the identification of the
766. bodies and injuries of the survivors and statements by the injured persons
767. who were unable to identify those who had placed the explosive device;
768. Mrs. María Julia Hernández was summoned to give a statement but was unable
769. to give any relevant information. It was therefore not possible to
770. determine the names of the participants in this attack and no group
771. claimed responsibility for it event. The last part of this document
772. includes the report of the appointed prosecutor, which states that he
773. received notification on 27 May of the current year of the court's
774. decision to close the case, since the committee of inquiry had been unable
775. to identify the persons responsible for the crime. It is therefore my
776. humble opinion that this unit should also close the case.
777. Signed on behalf of this Institution by Carlos Solórzano Trejo, Miguel
778. Armando Guerra Quevedo, Saúl Rigoberto Zelaya Castillo, Alvaro Henry
779. Campos, José Eduardo Pineda Valenzuela, Ricardo Marcial Zelaya Larreynaga,
780. Jorge Carlos Figeac Cisneros, Edwar Sidney Blanco Reyes and Julio César
781. Sánchez.
782. Signed JULIO CESAR MURCIA SANCHEZ, authorized representative, San
783. Salvador, 20 June 1991. Initialled JCN.
784. Summary of the inquiry into the attack on 31 October 1989 against the
785. FENASTRAS premises, based on the report drawn up by the Committee of Inquiry
786. on Criminal Acts
787. Background. At 1 p.m. on 31 October 1989, persons unknown caused a device
788. to explode in the FENASTRAS premises situated in the 10th Avenue North and
789. Delgado Street in this city; detectives from the Committee of Inquiry went to
790. the scene of the crime but were unable to inspect the premises because they
791. were prevented from doing so by members of FENASTRAS.
792. Evidence collected. At 9.25 a.m. on 8 November 1989, detectives and
793. explosives experts, along with the Judge of Court No. 2 of the city, carried
794. out a visual inspection of the FENASTRAS premises in the presence of
795. representatives of the Embassy of the United States and technical explosives
796. staff of the FBI; they noted that the explosion had occurred in the corridor
797. between the protection wall and the wall of the FENASTRAS premises at a
798. distance of one meter from the metallic door of the main entrance, resulting
799. in a crater measuring approximately 80 centimetres across and 30 centimetres
800. deep. After observing that all the evidence had been destroyed and that only
801. samples of dust and pieces of metal from the main door remained, the FBI
802. laboratory reported that since the scene of the event had not been left
803. intact, it was impossible from the scant evidence available to identify the
804. explosive materials used.
805. On-the-spot investigation. Persons interviewed at the scene of the attack
806. stated that a few minutes before the explosion two unknown persons had been
807. seen driving a yellow pick-up truck and that one of them placed the bomb,
808. while the other kept guard. The door inside which the explosive was placed
809. remained open and unguarded, and at the time of the explosion various members
810. of FENASTRAS were inside the premises. It was established that the injured
811. persons included Mark Sebastian Anner Tony, of United States nationality, who
812. works as an adviser of Febe Elizabeth Velasquez; he was not interviewed as he
813. had left the country. It was also established that vehical P-152509, which
814. was damaged by the explosion, was the property of Christopher John Norton, a
815. North American; at the time of the explosion, he was inside the premises
816. conferring with the trade union official, Bernabe Recinos; it would seem that
817. he heard comments that a trade unionist had seen someone enter the premises
818. and place a packet near the main door, and that this person had subsequently
819. left for an unknown destination.
820. Gloria Amaya Albarado, the owner of a house opposite the FENASTRAS
821. premises, said that she was at home at the time of the explosion but had seen
822. no one suspicious placing a bomb.
823. Santos García Romero, owner of a footwear business situated in 10th Avenue
824. North, No. 116, said that on 31 October 1989, when she was in her business
825. premises, she saw a child with the nickname of "Zanate" running along the
826. street and crying: "A bomb". She hid herself at the back of her shop until
827. after the explosion.
828. Tránsito Pérez de Colorado, the owner of a food store opposite the
829. FENASTRAS premises, said that she heard an unknown woman saying that something
830. was happening because people were running; she started to do the same after
831. hearing the explosion in the FENASTRAS premises.
832. José Rolano Méndez Amaya, the owner of a shoe-repair shop adjacent to the
833. FENASTRAS premises, said that at the time of the events he was not in his
834. shop; however his employee, José Candelario Moreno, told him that just before
835. the explosion he was standing outside the shop and saw two unknown persons
836. running towards the north and he presumed that it was these persons who had
837. committed the attack since the bomb exploded when they were still running.
838. This account tallied with a statement made by Victor Manuel Ramírez Medina,
839. the owner of a scrap-iron business on the south side of the FENASTRAS
840. premises, who said that around 12 p.m., on a day the date of which he could
841. not remember, he heard the voice of a man who called out: "There is a bomb";
842. and this man was running towards the north by the house called Los Coquitos
843. accompanied by another man. After the explosion an unknown person came up to
844. Ramírez Medina to ask him if he had seen anything and he replied that he had
845. seen a man who had mentioned a bomb; the unknown person then threatened to
846. take him away if he did not say any more but he insisted that that was all he
847. knew, and added that he did not see whether the man who had spoken about the
848. bomb had gone out through the door of the FENASTRAS premises.
849. Jorge Alexander Ramírez Hernández, a child, said that he had seen a yellow
850. pick-up truck near a house but he could not give more details about the
851. vehicle.
852. Elias Misael Arteaga Alfaro, a child, stated that on the day of the
853. explosion, the date of which he could not remember, around 12.15 p.m., he was
854. walking along the pavement opposite FENASTRAS when he heard a large blast and
855. was thrown towards the centre of the street. His legs felt numb and he could
856. see other persons injured, although before the explosion he had seen no one
857. running and had heard no one warning of any danger.
858. It was not possible to interview members of FENASTRAS - because of the
859. terrorist offensive taking place at that time - although contact had been made
860. with Sabas de Jesus Vargas Reyes, legal advisor of the Federation.
861. Other information: A photocopy was obtained of an anonymous communiqué
862. sent to a radio station in this city which indicated that a family called
863. Palacios Villatoro had been assassinated in the Hondables de Corinto district
864. in the Department of Morazán. The explosive device used to kill them consisted
865. of 1 lb of TNT and 7 feet of slow-burning fuse which was placed on the second
866. floor of a building - which the anonymous communiqué said was affiliated to
867. the UNTS; police carrying out an investigation in the Hondables district
868. discovered that terrorists had assassinated a family with the name Villatoro
869. in the small village of Altos de Aguacate, although no further details were
870. obtained.
871. A terrorist being held in a criminal detention centre in the country
872. stated, after being questioned, that he had been recruited in December 1985 by
873. a terrorist known as William who had entrusted him with the mission of
874. educating the masses; at the end of 1988 he was called upon to join the camp
875. of El Sillón de Chalatenango hill, where a meeting was held on 17 February
876. 1989 attended by the terrorist commanders Dimas Rodriguez, el Choco, German
877. and Mary to examine a number of points concerning the offensive being planned
878. for 11 November. He heard that it had been decided to make Febe Elizabeth
879. Velasquez a martyr in order to win the support of the people and that the
880. attack would be held on 8 November 1989 - although he did not know the reasons
881. why the date had been brought forward. The death of Febe Elizabeth had been
882. ordered by the general command of the FMLN because she was misappropriating
883. funds belonging to the organization; the Commander Dimas entrusted the
884. terrorist known as Alberto with carrying out the attack, because he had access
885. to FENASTRAS and was known to Febe Elizabeth; the media reported that on 29
886. December 1989 Carlos Salvador Carcamo Centeno, known as Cacho Roberto, who was
887. a commander of the FPL, stated - after his arrest - that the attack against
888. FENASTRAS had been committed by the FMLN to incriminate the Government and
889. bring about an insurrection. This was reiterated by the terrorist Juan
890. Alberto Flores Zepeda, a former member of the executive committee of the UNTS;
891. upon his arrest by the rural police, he said that the attack against FENASTRAS
892. was part of a strategic plan organized by the FMLN to sabotage the dialogue
893. which had just begun and was intended to bring about a popular uprising and
894. justify in the eyes of the international community the armed struggle for
895. power.
896. As regards the yellow pick-up truck which was seen at the place of the
897. crime, inquiries were made at the complaints office of the national police;
898. the only information available was that a yellow pick-up truck with
899. registration plates P-577691 - a 1978 Izusu model belonging to Luis Antonio
900. Gomez Ramos - had been stolen and found on 31 of the same month without any
901. mention of the place or time the same information was obtained at the
902. Department of Traffic, except that the number plates were P-57-769.
903. On 19 October 1990, the National Guard arrested the soldier Saul Ernesto
904. Arias Ferrufino, who had deserted during a military operation; he admitted,
905. during questioning, that he belonged to the Revolutionary Party of Rural
906. Workers (PRTC) which is affiliated to FENASTRAS and participated in the attack
907. against the Federation, all of which was subsequently refuted in
908. interrogations and polygraphic, psychological and psychiatric examinations
909. carried out later.
910. Observations of the Government of El Salvador on Case No. 1441
911. Arrest of Juan José Huezo, a member of FENASTRAS, on 16 March 1989. The
912. Judge of the Fourth Penal Court certifies the following:
913. The Judge of the Fourth Penal Court of this Judicial District certifies:
914. following the criminal proceedings taken against Gerardo Diaz Henriquez,
915. Roberto Antonio Morales Guatemala, Juan Antonio Ingles and Juan José
916. Huezo, the accused were given a sentence of two years' imprisonment after
917. being found guilty of the offence of violating the workplace and one
918. year's imprisonment for inflicting second degree injuries on the person of
919. Lazaro Tadeo Bernal. On 31 July 1990, Juan José Huezo was released following
920. the conditional suspension of the sentence. On 10 June 1992 the
921. undersigned, in accordance with section 1 of the Act respecting national
922. reconciliation (amnesty) declared that the sentence against Mr. Huezo, as
923. well as the first three persons mentioned in this certificate, was hereby
924. annulled.
925. Pedro Regalado Orellana and Fredy Vásquez, leaders of the SUTC, were
926. threatened by the Air Force (FAS) on 24 September 1991 (in a subsequent
927. communication the ICFTU reported the murder of the latter).
928. Reply:
929. No information is available in the Ministry of Defence on the alleged
930. threats made by the FAS. It should be noted that death threats are a
931. matter of private law and that no complaints have been submitted to date to
932. the respective courts.
933. The allegation made by the ICFTU concerning the assassination of Fredy
934. Vásquez is completely false since Fredy Vásquez is attending the meetings of
935. the Forum on Social and Economic Consultation.
936. Acts of anti-union discrimination in the ADOC factory (dismissal of trade
937. union leaders and 40 workers who tried to set up a trade union).
938. Reply:
939. On 4 May 1992 the following persons appeared before the General Labour
940. Directorate: the workers Oscar Armando Lucha Noyola, William Neftalí
941. Valenzuela Saravia, Carlos Marcelino Saldaña Martínez, Mirian Estela Velis
942. Guardado, Gloria de Doradeo and Will Mauricio Pérez Guevara, who stated that
943. they had received the following amounts of money: C17,548.17; C8,755.26;
944. C14,503.49; C24,194.95; C849.92 and that the ADOC SA enterprise was exempt of
945. any responsibility in respect of labour payments and benefits; note was taken
946. of the resignation of the workers Miguel Angel Mejía Mauricio, David
947. Sánchez Pineda and Angela Gladys Hernández Chacón, who stated that they had
948. voluntarily left their work and that the enterprise ADOC SA owned them no
949. normal or overtime wages or any kind of labour benefits such as holiday
950. pay, end-of-year bonus, weekly rest payments, compensatory rest periods or
951. public holidays.
952. The trade union organizations interviewed generally repeated the
953. allegations brought before the Committee; without giving further details,
954. they said that the authorities had not shown any interest in investigating the
955. assassinations and other allegations properly.
956. The interview with employers' representatives did not deal specifically
957. with the pending allegations although they emphasized that the climate of
958. violence had also affected employers. They mainly mentioned present trends in
959. industrial relations.
960. (b) Information on the present trade union situation, on new developments
961. and on relevant instruments
962. As noted earlier, the mission first examined the allegations pending
963. before the Committee (its findings are summarized in the preceding section).
964. However, it was clear from the beginning that it would not be enough for the
965. Committee to restrict itself to this information and that it must have an
966. overall view of the present trade union situation and likely developments in
967. the immediate future, especially as since most of the allegations refer to
968. events that took place several years before.
969. The mission was able to gather information on the Forum on Social and
970. Economic Consultation in which each of the parties has emphasized those
971. matters which it considers to be the most important. In particular, the trade
972. unions have advocated the ratification of international labour Conventions and
973. the adoption of its draft Labour Code.
974. As regards the ratification of international labour instruments, the Forum
975. approved the ratification of 14 ILO Conventions, which will be submitted to
976. the Legislative Assembly. However, there are serious obstacles as regards the
977. ratification of Conventions Nos. 87, 98 and 151 respecting freedom of
978. association and collective bargaining which the Government and the employers
979. see as incompatible with the Constitution.
980. Regarding the revision of the Labour Code, the proposed Bill on industrial
981. relations in the public sector and other pieces of labour legislation, the
982. Government is already receiving technical assistance from the ILO. As to the
983. Labour Code, it appears to be the Government's intention to use the Forum to
984. combine the Government's own Bill with the draft proposed by the trade unions
985. and to send the text to the Legislative Assembly.
986. The trade union organizations told the mission that serious and repeated
987. acts of anti-union discrimination and administrative red tape continued to
988. hinder the establishment of trade union organizations. They presented the
989. mission with a long list of such acts and pointed out that the authorities
990. often failed to carry out the proper investigations.
991. F. The mission's conclusions
992. The mission noted that the violation of trade union rights over the past
993. 12 years has been a constant feature of the general climate of violence in the
994. country and has affected everyday life and almost all basic human rights. The
995. mission realized that the social partners and the Government were aware that
996. the veritable war that the country had gone through during the past 12 years
997. was much more than just a question of terrorism and violence. It is therefore
998. practically impossible in many cases to distinguish what was a violation of
999. freedom of association and human rights and what was the consequence of the
1000. spiral of violence.
1001. The mission also noted that, following the recent peace agreement (January
1002. 1993), there is now a real desire on the part of all concerned to put the past
1003. behind them. The main concern now is not to harp on past events but to
1004. construct the present and the future, without however forgetting just how
1005. serious previous developments had been. The mission found a society which is
1006. trying to forget the past by making use of its freedom of expression, its
1007. capacity for dialogue and the exercise of its other democratic freedoms.
1008. Mention should also be made in this respect of the work carried out by the
1009. United Nations and the United Nations observer mission, ONUSAL.
1010. Emphasis should likewise be placed on the new sense of dialogue and
1011. collaboration shown by the Ministry of Labour - a marked change from the past
1012. - which may be contributing to the consolidation of a new climate of trade
1013. union relations. The Government indicated to the mission that it would keep
1014. sending the necessary information concerning the issues raised in the
1015. complaints.
1016. The present situation is characterized by several objective facts.
1017. Firstly, no persons are being detained for trade union activities and there
1018. have been no further searches of trade union premises; violence against trade
1019. unionists has declined substantially - in the last 12 months there have been
1020. no acts of violence against trade unionists except in a few isolated instances
1021. where threats may have been made. Furthermore, industrial relations are now
1022. moving decisively towards normality (establishment of trade unions, collective
1023. bargaining, strikes, etc.), although the trade union organizations have
1024. reported to the mission cases of anti-union discrimination and of obstacles
1025. and delays in their establishment (which to a large extent reflect
1026. shortcomings in the legal system which it is proposed to correct by means of a
1027. revision of the Labour Code and an Act respecting industrial relations in the
1028. public sector, for which the ILO technical assistance has been requested);
1029. there has also been considerable reticence on the part of some employers and
1030. probably certain deficiencies on the part of the trade unions as well. All
1031. this may be explained by the lack of any political or social stability over
1032. the last 12 years.
1033. Although it is possible to make some forecasts concerning the future of
1034. industrial and trade union relations in El Salvador, mention should first of
1035. all be made of the Forum on Social and Economic Consultation. All the
1036. information obtained by the mission suggest that the Forum is at present at an
1037. impasse, though there have been compromises. However, no one has spoken out
1038. against the Forum; on the contrary, all the parties have given it their
1039. support. Although the Forum's achievements so far are very limited, the mere
1040. fact of its continuing existence, openly backed by all sectors, is probably
1041. the clearest indication of a substantial change in labour and trade union
1042. relations in this country. Without doubt this institution is the best
1043. guarantee in the immediate future of a genuine dialogue (such as never existed
1044. before) conducive to normal industrial relations. It must be noted that the
1045. forthcoming political elections in 1994 may result in the suspension of the
1046. activities of the Forum from the end of November of this year. The trade
1047. union organizations are very apprehensive about this, which they think could
1048. spell the end of the Forum itself. However, the employers' organizations and
1049. the Ministry have reaffirmed their desire to pursue the dialogue if the Forum
1050. is suspended.
1051. As regards the immediate ratification of Conventions Nos. 87, 98 and 151,
1052. as proposed by the trade union sector, the outlook for the immediate future
1053. appears to be negative. Their alleged incompatibility with the Constitution
1054. is an obstacle which, rightly or wrongly, will prevent their immediate
1055. ratification, although no one has actually denied their usefulness. In the
1056. view of the mission, judgements which have been made on these and other
1057. international labour Conventions have not always been based on a proper
1058. knowledge of the principles established in this respect by the ILO supervisory
1059. machinery. The Government nevertheless stated that it would try to modernize
1060. the labour legislation and bring it into conformity with the ILO standards, on
1061. the occasion of its revision.
1062. During the mission the idea was mooted that a tripartite seminar be
1063. organized to explain to the Government and the social partners exactly what
1064. the consequences would be if relevant Conventions were ratified. This idea
1065. was received enthusiastically by all sectors.
1066. In all events, it can be said that a new stage has been initiated in the
1067. relations between this country and the ILO, as can be seen from the fact that
1068. the Forum on Consultation approved the ratification of 14 major international
1069. labour Conventions and undertook to have them submitted to the Legislative
1070. Assembly, that the direct contacts mission was accepted and that the
1071. Government provided the mission with extensive information on the allegations
1072. made.
1073. Finally, after this description of the past situation and of the future
1074. outlook, it must be emphasized that they remain to some extent fragile, and
1075. that the consolidation of progress achieved so far will to a large extent
1076. depend on support from the international community, and in our case from the
1077. ILO, and on the efforts of the parties.
1078. 12 October 1993. José Vida Soria.