Effect given to the recommendations of the committee and the Governing Body - Report No 404, October 2023

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

1. 65. The Committee last examined this case, which concerns allegations of violations of freedom of association of members of two public sector trade unions, at its meeting in October 2022 [see 400th Report, paras 624–651]. On that occasion, the Committee trusted that, in the framework of the examination of the criminal complaint against Mr Guillermo Huamán Llacsahuanga, General Secretary of the National Union of Workers of the Peruvian National Migration Authority (SINTRAMIG), the competent authorities would take full account of freedom of association, and requested the Government to keep it informed of the outcome of the examination and of any decision taken in this respect. The Committee also trusted that the Government would take the necessary measures to ensure that SINTRAMIG members could fully exercise their right to collective bargaining with a view to renewing the agreement signed in 2019 with the Superintendence.
2. 66. With regard to the recommendation concerning the examination of the criminal complaint against Mr Huamán (recommendation (a)), the Government, by a communication dated 19 December 2022, transmitted an official communication dated 2 December 2022, issued by the Third Corporate Criminal Prosecutor’s Office of Cercado de Lima – Breña Rímac – Jesús María, which stated that: (i) on 24 February 2021 the Prosecutor decided not to formalize the complaint against Mr Huamán and those responsible for the alleged commission of the crime of falsification of documents; and (ii) this decision was appealed before the Fourth Superior Criminal Prosecutor’s Office of Lima, which, in turn, declared the appeal unfounded on 26 May 2021, and returned the proceedings to the original Prosecutor’s Office for archiving.
3. 67. With regard to recommendation (b) in which the Committee trusted that the Government would take the necessary measures to ensure that SINTRAMIG members could fully exercise their right to collective bargaining with a view to renewing the agreement signed in 2019 with the Superintendence, by a communication dated 10 February 2023, the Government states that: (i) SINTRAMIG submitted its 2019 statement of claims on 29 November 2018; (ii) the negotiating commission was formed on 17 July 2019 and held its last session on 5 December 2019, at which certain compromises were agreed upon; (iii) the pandemic interrupted negotiations from March to June 2020; (iv) in April 2021, SINTRAMIG submitted a new statement of grievances for that year, which led to confusion and legal disagreements, as the 2019 statement of grievances was still pending; (v) the National Superintendency of Migration, in a notification of 16 August 2021, requested the file to be archived due to inconsistencies; (vi) although, in accordance with the provisions of Law No. 31188 on Collective Bargaining in the State Sector, it was not possible to negotiate the lists prior to its entry into force, such as those of 2019 and 2021, the conciliation was concluded, granting food benefits through electronic cards for all SINTRAMIG affiliated staff at the national level.
4. 68. The Committee takes note of the information provided by the Government regarding the criminal complaint against Mr Huamán Llacsahuanga, which is currently shelved. The Committee also takes note of the information provided by the Government concerning the conciliation process carried out with SINTRAMIG PERU, which concluded with the granting of a food benefit in the form of electronic cards for all personnel affiliated to SINTRAMIG PERU at the national level. On the basis of the above and having received no further information in this respect, the Committee, while confident that, under Law No. 31188, the members of SINTRAMIG will be able to fully exercise their right to collective bargaining, considers that the present case is closed and does not require further examination.