Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

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

1. 113. The Committee last examined this case at its June 2004 meeting, and on that occasion made the following recommendations [see 334th Report, paras. 661-680]:
   • (a) The Committee requests the Government to confirm the reinstatement of the 574 workers of the telecommunications sector who were dismissed, including the five workers of the subcontractor, Telefónica de Gestión de Servicios Compartidos S.A. TGSC, according to the court ruling. The Committee requests the Government to keep it informed in this respect.
   • (b) Regarding the allegations presented by the ICFTU concerning police repression in the framework of the strike that took place from July to September 2002 and in which many unionists were arrested and many others injured and two union headquarters damaged, the Committee expresses its concern at the gravity of the allegations. It requests the Government to carry out an independent investigation without delay into the allegations and if proven to be guilty, to punish the guilty parties and ensure that such interference does not occur in the future. The Committee requests the Government to keep it informed in this respect.
2. 114. The Government sent its observations in communications dated 28 January, 16 and 21 February, 3 March and 19 April 2005, referring to a number of legal actions initiated by workers at the Telefónica del Perú enterprise who were dismissed for participating in or supporting a strike that took place between July and September 2002.
3. 115. The Committee takes note of this information. It also notes, however, that the dismissals to which the Government refers resulted from the strike called in response to the collective dismissal of 574 workers in the telephone sector. The Committee recalls that the Constitutional Court, in its ruling of July 2002, ordered the reinstatement of the 574 worker, and that, in its previous examination of the case, it had requested the Government to inform it whether these workers had been reinstated. The Committee observes that the Government does not provide this information. The Committee accordingly requests the Government once again to inform it whether the 574 workers dismissed from the telephone sector have been reinstated, as the Constitutional Court ordered, and whether an independent inquiry has been held into the allegations made by the ICFTU concerning police repression during the strike that took place between July and September 2002, and to send the results of the inquiry.