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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 32. In a previous examination of the case (see 309th Report, paras. 56-68, adopted by the Governing Body at its March 1998 (271st) Session), certain allegations remained pending with regard to the dismissal of, or legal proceedings instituted against, trade union leaders. On that occasion, the Committee made the following recommendations (see 309th Report, para. 68):
- -- With regard to the dismissal, without court authorization, of trade union leaders in Rhona SA (Mr. Araos Herrera) and Brink's (Messrs. Cea Valenzuela, Silva Pérez and Muñoz Llanos) and, given that Chilean legislation requires prior court authorization for the dismissal of trade union leaders and that such authorization was not sought in the present case, the Committee deplores the dismissal of the four trade unionists listed by the complainant and urges the Government immediately to take measures for their reinstatement. It requests the Government to keep it informed of the outcome of the current legal action.
- -- Regarding the clearance of the Senate chambers, the temporary detention of Luis Pereira, Nicolás Soto and Luis Mesina, trade union leaders, and the initiation of criminal action against them on "contempt of authority" charges, the Committee, whilst noting the Government's statement that these facts were provoked by "gross" insults directed at certain senators during the debate on a Bill as well as by disorderly behaviour designed to interrupt the speakers, requests the Government to keep it informed of the outcome of the current action taken against these union leaders.
- 33. In its communication dated 22 July 1998, the Government states that Mr. Eduardo Araos Herrera and Rhona SA came to a settlement in the case before the Labour Tribunal of Viña del Mar; in accordance with this agreement, the enterprise paid all of the employment benefits which had been the subject of the action (US$30,000) and Mr. Araos Herrera renounced his employment and any other legal action in connection with the employment relationship between the two parties. With regard to the dismissals of the trade union leaders, namely Messrs. Sergio Antonio Cea Valenzuela, Sergio Silva and Jorge Muñoz, the Government forwarded extensive documentation and details regarding the various court decisions rejecting these unionists' complaints and indicates that the ruling handed down by the First Labour Tribunal of Valparaíso, rejecting the evidence regarding their status as workers and trade union leaders, is at present under appeal. The Committee requests the Government to keep it informed of the outcome of the appeal proceedings.
- 34. With regard to the detention and prosecution on charges of "contempt of authority" of the leaders of the Confederation of Bank Employees' Trade Unions, Messrs. Luis Pereira Concha, Nicolás Soto Reyes and Luis Mesina Marín, the Government reports that the proceedings have been stayed and, consequently, no sentence has been pronounced. The Committee takes note of this information.
