Effect given to the recommendations of the committee and the Governing Body - Report No 365, November 2012

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

1. 140. When it last examined this case, in June 2011, the Committee made the following recommendation on matters that were still pending [see 360th Report, para. 959]:
   • (a) The Committee requests the Government to take steps to ensure that in future an independent body with the confidence of the parties involved, rather than the administrative authority, is responsible for declaring strikes illegal, and to provide information on the legal basis on which the Ministry of Labour may declare a strike illegal.
   • (b) The Committee expects that the Constitutional Court will give a ruling quickly on the dismissal of ten workers from the SPCC, and requests the Government to take the necessary measures to give it effect without delay. The Committee requests the Government to keep it informed in this regard.
   • (c) As regards the appeal lodged with the Constitutional Court by eight workers dismissed from the Barrik Misquichilca SA mining company, the Committee expects that the judicial authority will give a ruling shortly and requests the Government to keep it informed in this regard.
   • (d) As regards the murders of Manuel Yupanqui and Jorge Huanaco Cutipa, concerning which the Committee had taken note of the investigations that were under way before the national police and the Public Prosecutor, the Committee notes the Government’s indication according to which it has requested information from the Ministry of the Interior. The Committee deeply regrets that the Government is unable to state that the investigations have resulted in the arrest of those responsible for the killings, and requests the Government to keep it informed in this regard.
2. 141. In its communication of 4 May 2012, in response to the Committee’s first recommendation the Government states that section 4 of Supreme Decree No. 034-91-TR authorizes the Ministry of Labour and Employment Promotion to rule on the unlawfulness of strikes by workers who are covered by the private labour regime.
3. 142. With regard to the dismissal of ten workers from the Southern Peru Copper Corporation, the Government states that the workers concerned filed an appeal which the judicial authority allowed, with suspensory effect, and that a constitutional action was also allowed by the Constitutional Court.
4. 143. With regard to the appeal filed with the Constitutional Court by eight workers dismissed from the mining company Barrik Misquichilca SA, the Government reports a ruling of 10 November 2011 in which the Constitutional Court allowed the constitutional action (amparo) brought by eight miners and ordered the mining company Barrick Misquichilca SA to reinstate the applicants in their posts.
5. 144. With regard to the fourth recommendation concerning the killing of two trade union officials, the Government reports on the action taken and adds that in the case of Mr Manuel Yupanqui Ramos’ death, it has not been possible to identify any suspected perpetrators or accomplices.
6. 145. The Committee notes with satisfaction that the ruling of 10 November 2011 orders the reinstatement of the eight workers dismissed from the Barrik Misquichilca mining company.
7. 146. With regard to the previous recommendation that: (1) the Government provide information on the legal basis on which the administrative authority may declare a strike illegal, and (2) an independent body have responsibility for declaring strikes illegal, the Committee takes note of the information supplied by the Government and notes in particular that the Ministry of Labour and Employment Promotion is authorized by section 4 of Supreme Decree No. 034-91-TR to rule on the unlawfulness of a strike by workers covered by the private labour regime. In this connection, the Committee reiterates its earlier conclusions in which it pointed out that responsibility for declaring strikes illegal should not lie with the Government but with an independent body.
8. 147. With regard to the appeals lodged by ten workers dismissed from the Southern Peru Copper Corporation, the Committee takes note of the information supplied by the Government and notes in particular that the court allowed the workers’ appeal with suspensory effect, and that the constitutional action was also allowed.
9. 148. Lastly, the Committee notes the information sent by the Government on the alleged murder of the trade union official Mr Manuel Yupanqui Ramos and trusts that further investigations will allow the facts to be clarified. The Committee once again draws the Governing Body’s attention to the serious and urgent nature of this aspect of the case and requests the Government to send information on the investigations into the alleged murder of the trade union leader Mr Jorge Huanaco.