Interim Report - Report No 268, November 1989

1. 310. The Committee examined Case No. 1441 at its November 1988 meeting and submitted an interim report to the Governing Body. (See 259th Report of the Committee, paras. 332-359, approved by the Governing Body at its 241st Session (November 1988).)
2. 311. After Case No. 1441 was last examined, communications were received from: the International Federation of Plantation, Agricultural and Allied Workers (IFPAAW) (7 November and 18 December 1988); the United Trade Union Federation of El Salvador (FUSS) (2, 11 and 27 January, 15 February, 25 May and 21 August 1989); the International Confederation of Free Trade Unions (ICFTU) (6 March, 19, 26 and 28 September and 2 October 1989); and the Association of Salvadorian Telecommunications Workers (ASTTEL) (21 September 1989). The Government sent certain observations in a communication dated 6 March and 25 October (received on 30 October) 1989.
3. 312. The complaints concerning Case No. 1494 are contained in communications from the World Confederation of Organizations of the Teaching Profession (WCOTP) (17 April 1989), the World Federation of Trade Unions (WFTU) (17 April 1989) and the World Federation of Teachers' Unions (25 April 1989). The Government sent certain observations in a communication dated 7 August 1989.
4. 313. El Salvador has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 314. When it examined this Case at its November 1988 meeting, the Committee made the following recommendations on the allegations that were pending (see 259th Report, para. 359):
   • As regards the assassination of the trade union official Adrián Chavarría Girón, the Committee asks the Government to keep it informed of the results of the judicial inquiry being carried out and subsequent developments.
   • As regards the assassination of the trade unionist Domingo López Morales on 8 June 1988 and of the peasants José Atilio Rivas, Zoila Rivas, Jesús Cepeda (father), Jesús Cepeda (son), Francisco Alfaro, José Alfaro, Nocolás Flores, José María Flores, Teresa Argueta and Ulises Gibrián, the Committee requests the Government to have an independent judicial inquiry carried out to determine responsibilities, punish the guilty parties and prevent the repetition of such acts; likewise, to keep the Committee informed of any measures taken regarding the initiation of a judicial inquiry.
   • Finally, the Committee asks the Government to supply its observations on the following allegations: on the detention, on 6 June 1988, of the co-operative worker José Parada by soldiers of the Jucuarán batallion after he was found in possession of 400,000 colones belonging to the co-operative; on the search for arms of the Guayojo co-operative in the municipality of Matapán, Department of Santa Ana, and the subsequent arrest for five days of the co-operative members Rolando Aguirre Areola, Eugenio Galdanés and Orlando Areola López; on the arrest warrant which has been issued since 12 March 1988 against four FENASTRAS officials: Gerardo Díaz, Antonio Guatemala, Antonio Inglés and Juan Huezo, for alleged attacks against the Minister of Labour; on the detention order issued by the armed forces against nine officials of the National Association of Workers of the Supplies Control Institute (ASTIRA): Celestino Núñez, Francisco Aguilar, Manuel Pérez Avila, Gilberto Fuentes, Antonio Rivora, Rogelio Guevara, Pedro Benitez, Milton Retana and Oscar Retana; on the communication of the ICFTU dated 12 October concerning the arrest in Usulután on 11 September 1988 of the co-operative workers Alberto Olmedo, Bartolo Cornejo, Remberto Hernández Flores, Leonor Peña Sánchez, Antonio Pérez, Sebastián Espinoza, Edwin Andrade and N. Henríquez, and the search without warrant on 13 September 1988 of the premises of the National Union of Salvadorian Workers (UNTS) and the crèche of the FENASTRAS-San Miguelito Trade Union and the arrest on the UNTS premises of all the members of its executive committee and the arrest in the crèche of Roberto Campos, Laura Mira and her husband, as well as the student Otoniel Guevara. The Committee requests the Government to provide its observations on the search, carried out on 14 September 1988, of the premises of the National Association of Agricultural Workers (ANTA) and the arrest without warrant of 15 persons whose whereabouts are still unknown. Finally, the Committee asks the Government to send its observations on the allegations contained in Annex I of this Case to which it has not yet replied.
2. 315. Annex I to the 259th Report to the Committee contained many allegations of infringements of trade union rights, amongst which the following should be highlighted:
   • Assassinations of trade unionists
     • - América Benítez and Gloria Benítez (CCTO) (15 August 1987);
     • - Eulalio Antonio Martínez Vázquez (ANIS-Sonsonate) (16 August 1987);
     • - Raúl Henríquez (ANTA) (19 August 1987);
     • - José Angel López Portillo (Co-operative San Antonio, El Barrillo, COACES, La Paz) (16 September 1987);
     • - José Germán Mira (member of the ANEPES leadership) (24 September 1987);
     • - Franklin Antonio Escobar (SETA) (29 September 1987);
     • - José Rolando Romero Villanueva (CO-AEAS) ( 3 October 1987);
     • - Porfirio González Hernández ("San Matías" Co-operative of El Jícaro-Ahuachapán) (7 November 1987);
     • - Gilberto Pérez Ramos (Union of ARCTEX factory) (6 December 1987);
     • - Manuel Oscar Quintanilla Moscote (director of CO-AEAS) (12 December 1987);
     • - Medardo Ceferino Ayala Pérez (ASTTEL) (18 December 1987);
     • - José Antonio Villalobos (ANDA) (28 December 1987).
   • Disappearances of trade unionists
     • - Jorge Salvador Ubau, Secretary-General of CCTU (1 September 1987);
     • - José Alex Cunza Quijano (AGEPYM) (September 1987);
     • - Leónidas Arévalo Fuentes (Co-operative Los Angeles, FEDECOOPADES, Zacamil) (20 December 1987).
   • Arrests
     • - Rodolfo Miranda and José Antonio Serrano (ANTMAG) (11 August 1987);
     • - Juan Trinidad Cruz, Irene Guevara Cruz and Miguel Beltrán (officials of FENACOA (Usulután)) (15 August 1987);
     • - Romel Antonio Arias Argueta, secretary of youth affairs (FESTIAVTSCES) (17 August 1987);
     • - Francisco Hidalgo Hernández (secretary of FENACOA) (17 August 1987);
     • - Ignacio Zeledón (ANIS-Sonsonate) (22 August 1987);
     • - Fermín Antonio Rauda, second trade union disputes secretary of the El Dorado oil refinery and member of the Relations Committee of the UNTS (22 August 1987);
     • - María Antonia Pérez (SISS) (27 August 1987);
     • - José Antonio Jovel Martínez (official of FEDECOOPADES-La Paz) (29 August 1987);
     • - Rafael Elías Preza, secretary of propaganda of the Trade Union of Agricultural Workers (31 August 1987);
     • - order of detention issued against the following STISSS officials: Guillermo Rojas, Juan Carlos Selva, Marta Elina García de Rodríguez, Ana Francisca Romero, Jorge Alberto Lara Alveño, Jorge Alberto Anaya, Oscar Miguel Marroquín, Eliseo Córdoba Aguilar, Adilio Dolores Fuentes, Pedro Caldámez Ardón, Alex Ric Muñoz and Roberto Granados (1 September 1987);
     • - Jesús Gregorio Ortega, Julio Humberto Lemus, Santos Basilio, Rafael Molina Guzmán and Arcángel Barrientos (ANC) (2 September 1987);
     • - David Eduardo Carias Campo, secretary of propaganda of the ANC National Executive Council (3 September 1987);
     • - Mercedes Nolasco (FENACOA) (4 September 1987);
     • - Nicolás Sánchez, member of the ANTA co-operative (6 September 1987);
     • - Pedro Juan Sánchez, Juan Antonio Hernández, Marcelo Antonio Hernández and Rosalio Ruiz Ramírez (FENACOA, Usulután) (7 September 1987);
     • - Carlos Elías Menjívar and Carlos Adalberto Menjívar (FEUS) (10 September 1987);
     • - Pedro Antonio Ramírez Lozano (ANDES, Ahuachapán) (28 September 1987);
     • - Carlos Alberto Rivera (ANDES) (30 September 1987);
     • - Rodolfo Andrés Prieto, Celia Mazín, Blanca Margarita Orellana, Manuel de Jesús Alfaro, Adalberto Martínez Martínez, Norma Luz Cepeda, Marlena González and Carlos Chávez (FENASTRAS and UNTS) (2 October 1987);
     • - José Alejandro Romero (AVICOLA) (9 October 1987);
     • - Manuel Antonio Nolasco (ANIS-Nahuizalco, Sonsonate) (12 October 1987);
     • - Mirna Noemí Moreno Chicas, Nelson Cañas and José María Cañas Romero (UNTS) (17 October 1987);
     • - Celedonio Umania and Arturo Umania (ANTA, Santa Ana, Agua Fuerte canton) (19 October 1987);
     • - Rigoberto Orellana López (President of the Coponte co-operative (San Miguel)) (20 October 1987);
     • - Isabel Ordóñez (ANTA) (20 October 1987);
     • - Blanca Rosa Mendoza de Benítez, teacher in the French school in Mejicanos (ANDES) (27 October 1987);
     • - José Sánchez Maravilla Pérez (FSR) (31 October 1987);
     • - Juan Francisco García Catalán and Luis Alvarenga (ASSTEL) (11 November 1987);
     • - Mariano Fernández, Ausencio Granados and Alcides Majano (UNC Santa Ana farm - San Miguel) (17 November 1987);
     • - Eugenio Alas (Co-operative San Pedro de los Apoyos (Santa Ana)) (16 November 1987);
     • - Neftalí Pérez, Antonio Lazo Pineda, Simón Alvarado and Lizandro Majano (UNC, San Miguel) (16 November 1987);
     • - Humberto Martínez, Lizandro Alvárez and Rafael Rivera (UNC, Morazán) (16 November 1987);
     • - Reynaldo García Castro (Secretary-General of the ANC), Carlos Rodríguez (Secretary-General of ANTA), Rosario Acosta, Pedro Campos (members of the ANTA Executive Committee) and Salvador Ruiz (15 December 1987).
   • New allegations
3. 316. The International Federation of Plantation, Agricultural and Allied Workers (IFPAAW) alleges the following:
   • - On 14 September 1988, members of the Fiscal Police and infantry brigades illegally broke into the premises of the National Association of Agricultural Workers (ANTA) in San Salvador and imprisoned 18 persons, who were released three days later. On this occasion, office equipment and money were stolen. Similarly, between April and June 1988, the army of El Salvador and the police arrested 39 members of ANTA for short periods without bringing any charge whatsoever against them.
   • - On 28 October 1988, Andrés Martínez and Adán Santos were arrested without a warrant in San Antonio, La Juanta canton, Metapán, Department of Santa Ana, by members of the Second Infantry Brigade; on 29 October 1988, María Cristina Mejía, Rufina Figueroa and Herculano Méndez were arrested. Herculano Méndez is an ANTA official.
   • - On 12 November 1988, Eliodoro Pineda, Cecilio Aguilar Sorto (a minor), and Hosé Hernán Benítez Aguilar were arrested without a warrant by members of the Military Detachment No. 4, with its headquarters in San Francisco Gotera, Moarazán, and were later executed. The three bodies were later found with signs of having been cruelly tortured. The father of José Hernán Benítez Aguilar, also a member of ANTA, has received death threats. ANTA believes that these acts were a reprisal because of the campaign carried out by harvest workers to obtain an increase in their minimum wage, which, it should be recalled, has not been increased since 1979.
4. 317. The United Trade Union Federation of El Salvador (FUSS) alleges the following facts:
   • - On 16 December 1988, Rosa Imelda Medrano, worker at the Occidente University Centre and member of the Association of Workers of the University of El Salvador, ADUES, Santa Ana Section, was assassinated. The murder was committed at 7.30 p.m. by members of the Second Infantry Brigade, which has its headquarters in this city of Santa Ana, when the person in question was returning from a meeting held by the University of El Salvador in the capital to demand an increase its budget.
   • - At midnight on 22 December 1988, Roberto Gómez Aguirre, caretaker of the University of El Salvador, was murdered at the entrance to the physics department inside the university campus. This murder was committed by members of a security group, assumed to be the national police.
   • - Walter Vides, member of the Press and Propaganda Commission of the Committee of Unemployed and Dismissed Workers of El Salvador (CODYDES) was arrested on 2 December 1988. It has been suggested that members of the National Guard were responsible for this action.
   • - Jaime Alejandro Estévez Ortiz, member of the National Association of Workers in the Ministry of Agriculture (ANTMAG) and his friend Vilma Gladis Vásquez, of the State and Municipal Workers' Co-ordination Council (CCTEM), were arrested by the National Guard in their home on 24 December 1988.
   • - On 22 December 1988, three members of the regional branch of the National Association of Agricultural Workers (ANTA) were arrested by members of the Second Infantry Brigade, which has its headquarters in the town of Santa Ana. One of these trade union members is the Finance Secretary of ANTA. The arrest occurred when the army were searching the headquarters of the regional branch, which is located in the residential area of Santa Lucía, in the above-mentioned town. Furthermore, all the furniture and equipment on the premises were removed.
   • - On 18 December 1988, at 10 a.m., in the Colón Park in the town of Santa Ana, members of the Second Infantry Brigade and the Fiscal Police which have their headquarters in this town, dressed in uniform and civilian clothing, violently broke up a meeting organised by the Co-operative Associations Confederation of El Salvador (COACES) and the National Peasants' Union (UNC). The aggressors seized audio equipment installed on this occasion by these organisations, as well as video equipment, cameras, tape recorders, etc. An unspecified number of persons were beaten up and arrested.
   • - Officials receive many threats and are sometimes persecuted, and trade union demonstrations are put down violently.
   • - On 26 January 1988, the authorities detained Margarita Eugenia Navarro and Alfredo Lemus, members of the National Trade Union Federation of Salvadorian Workers (FENASTRAS).
   • - On 15 February 1989, soldiers from the "Urban Anti-communist Maximiliano Hernández Martínez Commandos" carried out an attack against the premises of FENASTRAS and the National Unity of Salvadorian Workers (UNTS).
5. 318. The International Confederation of Free Trade Unions (ICFTU) points out that the headquarters of FENASTRAS and the UNTS were attacked with explosives, which caused severe material damage to the building and destroyed the furnishings. There was no loss of life although some light injuries were incurred. The ICFTU adds that on 22 February 1988, FENASTRAS and UNTS called a workers' assembly which met in the same place where these events occurred. As a result, the army surrounded the area and blocked the street in which the headquarters are located with tanks. About 200 workers were inside the destroyed headquarters.
6. 319. In its latest communications, the United Trade Union Federation of El Salvador (FUSS) alleges the following facts:
   • - Alberto Monge and Carlos Palacios, textile workers, were murdered in Soyapango (San Salvador) on 10 May 1989. On that day, one of the death squads sent a message to all the communications media in the country, threatening to murder any persons organised in trade unions and other peoples' organisations.
   • - Pablo Obdulio Vargas, disputes secretary of the Chalchuapa subsection of the Trade Union of the Coffee Industry (SICAFE) and official of the Occidente Workers' Committee (CTO) of the UNTS, was murdered by heavily armed persons in civilian clothing at 7.30 a.m. in the town of Chalchuapa, Department of Santa Ana, on 11 May 1989.
   • - Santiago Menéndez, of the "2nd of May" Agrarian Reform Co-operative, was arrested on 11 May 1989 by heavily armed men in civilian clothing at 5 a.m. in his home in the town of Nejapa, municipality of San Salvador. His family and friends have asked the police and military authorities about his whereabouts and all of them deny that he is in their hands; they fear therefore for his life.
   • - Francisco Pérez Martínez, member of the Executive Committee of the UNTS and Organisational Secretary of the Trade Union Federation of Workers in the Food, Clothing, Textile and Allied Industries of El Salvador (FESTIAVTSCES), was kidnapped on 25 May 1989 at 9 a.m. by members of the Fiscal Police dressed in civilian clothing, who violently detained him at 5th Avenue North and 17 Poniente Street in this town, pulling him into a coffee-coloured, twin-cabined truck with polarised windows and bearing the number plate 25518, which was headed in an unknown direction. The authorities deny that Mr. Pérez is in their hands, but unofficially it is known that he is being held at premises belonging to the Fiscal Police.
   • - Jorge López, member of the Executive Committee of the UNTS and Secretary-General of the General Association of Employees of the Finance Ministry (AGEMHA) was arrested on 26 May 1986 at 7 a.m. by members of both the Fiscal Police and the National Guard who had encircled the headquarters of the UNTS. On this occasion, José Basilio Chévez, secretary of international relations of the Salvadorian Association of Telecommunications Workers (ASTTEL) was also arrested. Similarly, Danilo Umanzor, a worker who was accompanying the two previous persons, was also arrested. Officially, the whereabouts of these three colleagues are unknown and none of the above-mentioned authorities acknowledge holding them. Unofficially, the UNTS assumes that the High Command of the army and the Nationalist Republican Alliance Party (ARENA) are preparing a campaign against the two UNTS Executive Committee officials who were arrested, accusing them of taking part in a plot to destabilise the situation in order to boycott the taking over of the new Chairman, Alfredo Cristiani.
   • - On 26 May 1989, police and military authorities encircled the headquarters of the UNTS and the FEA SIES, encircled and searched the premises of the Co-operatives Associations Confederation of El Salvador (COACES), arresting José Gil Magaña, Alfredo Pérez and Hugo Nelson Quintanilla, searched the headquarters of FENASTRAS and encircled and searched the headquarters of the FUSS and the headquarters of the Association of Peasant Communities.
   • - José Antonio Alfaro, relations secretary of the Salvadorian Association of Workers of the Institute of Supplies Control (ASTIRA), was arrested at 7 a.m. on 17 July 1989 in the town of Santa Ana, by persons dressed in civilian clothing who were travelling in a green jeep without number plates.
   • - The FESTIAVTSCES officials, Abraham Rivas, Misael Venegas and Rufino Ardón, were arrested at 12 a.m. on 27 July 1989 by members of the Fiscal Police who were dressed in civilian clothing and strongly armed; during these events, which occurred in the municipality of Mejicanos, San Salvador, the first official was injured. Three days later, the officials were released.
   • - Juan José Avila Mendoza, grass-roots member of the Poultry Workers' Trade Union (STIAHCES), was arrested by unknown persons at 8 a.m. on 28 July 1989 near Ciudad Arce. No law enforcement body has assumed responsibility for his arrest.
   • - Sergio Antonio Rodríguez, FENASTRAS activist, was arrested on 1 August 1989 by members of the National Guard dressed in civilian clothing in the town of Apopa, San Salvador. The National Guard denies his arrest.
   • - Salvador López Magaña, trade union militant of SOICES, was arrested at 11 a.m. on 3 August 1989 on the La Coruña district, Soyapango, San Salvador, by members of the airforce and, later, transferred to the prison of San Vicente.
   • - Rafael Zepeda González, grass-roots member of the SETA trade union and former finance secretary of the same union, was arrested in Los Planes de Renderos, San Salvador, at 10.45 a.m. on 5 August 1989 by heavily armed civilians who were travelling in a coffee-coloured twin-cabined vehicle with polarised windows and the number plates 19-187. At present, Mr. González is in the prison of Mariona.
   • - Filipo Enoc Villalta, of ASTAC, in charge of cultural and artistic training, was arrested at 8 a.m. on 8 August 1989 by members of the Fiscal Police on the San Antonio de Ayutuxtepeque estate, San Salvador; however, no law enforcement agency claims responsibility for his arrest.
   • - Alice Sigüenza, member of ASTAC, was arrested at 8 a.m. on 10 August 1989 in her home in Mejicanos, San Salvador, by members of the Fiscal Police in uniform, who first searched her house.
   • - Pedro García and Jorge Corea, grass-root members of ATRAME, were arrested between 9 and 10 a.m. on 15 August 1989 in San Marcos, San Salvador, by members of the national police.
   • - Francisco Mejía, first disputes secretary of STITAKCES, a member of FESTIAVTSCES, was arrested by members of the national police on 16 August 1989.
7. 320. The FUSS concludes by pointing out that there is a wave of repression against the trade union and humanitarian movement, led by the High Command of the armed forces and the Nationalist Republican Alliance Party (ARENA) and its death squads.
8. 321. In their communications of September and October 1989, the ICFTU and ASTTEL present allegations concerning the search of union headquarters, the detention, kidnapping or disappearance of a very high number of trade union leaders and members, the torture and rape of female unionists.
   • The Government's reply
9. 322. In its communication of 19 June 1989, the Government supplies a number of memoranda from the Ministry of Defence and Public Safety on the allegations submitted by the ICFTU to the Committee in November 1988. The Ministry of Defence and Public Safety points out that the allegations made in the complaints submitted by the ICFTU and the FUSS to the ILO are totally devoid of truth and obviously an attempt to spread false information and constitute a campaign on the part of Salvadorian subversive elements to discredit the Government and the armed forces of the Republic. After carrying out an inquiry, it was proven that the Second Infantry Brigade was not at all involved in the events described in the complaints.
10. 323. The Government adds that staff belonging to the General Directorate of the National Guard arrested Mrs. Celia Yaneth Medrano Hernández at about 7 a.m. on 28 June 1989 and that when she was arrested, a certain amount of propaganda with Marxist-Leninist tendencies was confiscated from her. The lady in question has been studying journalism at university since 1986 and, on the day of her arrest, was acting as a reporter for the Communications Secretariat of the National University. According to her statement, she is obliged, for her studies and work schedule, to participate in all the marches or demonstrations carried out by various groups representing university students. As no major evidence could be brought against her and out of deference to the General Directorate of the National Guard and because of a personal intervention from the Vice-Rector of the National University, she was released and handed over at 4 p.m. on the same day of her arrest to the university authority requesting her release.
11. 324. The Government denies that the General Directorate of the National Guard arrested Mrs. Margarita Eugenia Navarro and Mr. Alfredo Lemus. It is for this reason that an inquiry is being carried out to examine the truth of the charges brought before the ILO. The Government points out that it has taken the necessary steps and will continue taking them in the immediate future to comply with the request for information connected with the present case, paying particular attention to the new aspects of the complaints submitted, especially as regards the alleged continuation of attacks against trade unionists and co-operative members on the part of the army. In so doing, it will aim to contribute towards an impartial inquiry into the allegations.
12. 325. In its communication of 25 October 1989, the Government sent certain observations refuting the allegations contained in the ICFTU and ASTTEL letters of September and October 1989.

B. The Committee's conclusions

1. 331. First, the Committee expresses its grave concern at the extreme seriousness of the allegations which refer mainly to 35 murders since 1987, disappearances and more than 100 detentions of trade union officials, trade unionists and co-operative members, as well as to various acts of violence and intimidation (threats, breaking into and searching of trade union premises and a bomb attack against one of these premises).
2. 332. The Committee can only deeply deplore and reprove the violent deaths and disappearances. It urges the Government to open judicial inquiries into these murders and disappearances and to send it as soon as possible all available information, in particular relating to the situation of the detainees and the reasons for their detention and on the stage of inquiries into the whereabouts of those who have disappeared.
3. 333. The Committee urges the Government to adopt strong measures to guarantee that trade union rights may be exercised under normal conditions, i.e., in a situation where fundamental human rights are respected and in a climate that is free from violence, pressure or threats of any kind.
4. 334. The Committee notes that the Government points out that the trade unionist Celia Yaneth Medrano Hernández was released on the same day that she was arrested, that it denies that the Civil Guard arrested the trade unionists Alfredo Lemus and Margarita Eugenia Navarro and that an inquiry is being carried out on this matter. Similarly, the Committee notes the Government's statements that the trade union officials Miguel Lazo Quintanilla and Carlos Rodríguez Domínguez died as a result of an armed conflict with the airforce when they were carrying out acts of sabotage and that their bodies bore no signs of torture. The Committee would nevertheless stress that the Government did not refer to the press cuttings - supplied by the complainants - stating that the bodies of the trade union officials in question showed signs of torture and that Lazo Quintanilla had been arrested on the day preceding his murder by members of the airforce. The Committee requests the Government to send its observations on this matter and to set up a judicial inquiry to ascertain the facts, determine responsibilities and punish those responsible.