Rapport intérimaire - Rapport No. 177, Juin 1978

1. 335. On the dates shown below the following organisations forwarded communications containing allegations of infringements of trade union rights in Ecuador: the International Confederation of Free Trade Unions (21 October and 4 November 1977), the Federation of Coastal Agricultural Workers (FTAL) (25 October 1977), the Permanent Unitary Committee of the Workers of Guayas (27 October 1977) and the World Federation of Trade Unions (9 November 1977). The Government forwarded its observations in two communications, dated 6 January 1978.
2. 336. Ecuador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1949 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
3. 337. The various complaints submitted under this case relate primarily to incidents which occurred on the occasion of workers strikes at the AZTRA sugar refinery and the San Rafaël farm of the VALDEZ SA sugar company.

A. A. The complainants' allegations

1. 338. The complainants alleged, first, that on 18 October 1977 200 policemen armed with firearms and tear gas bombs had surrounded the AZTRA sugar refinery plant at La Troncal in the province of El Cañar where workers were on strike in accordance with the law. According to the trade union organisations this attack caused the death of around 100 people (workers and close relatives who were on the spot) and injuries to many others. The official number of dead acknowledged by the Government was 24. The people in question were drowned while attempting to cross an irrigation canal in their efforts to avoid the bullets and tear bombs. In addition, the complainants stated that many people had been killed by bullets. According to the Federation of Coastal Agricultural Workers, the exact number of deaths could not be established since, during the night, 50 bodies had been removed by the police and thrown into the boilers in the refinery. Furthermore, many persons had disappeared. Immediately following these events, the trade union leaders of the refinery were arrested or prosecuted. Of the persons arrested the complainants named the following: Brunmel Reyes, refinery workers' adviser, Santiago Espinoza, President of the FETLA, Cesareo Valverde Flores, General Secretary of the Provincial Federation of the Workers of Guayas (FPTG-CTE), whose life was in danger owing to the grave state of his health, and Julio Chang Crespo, President of the Federation of Free Workers of Guayas. Warrants had also been issued for the arrest of the members of the Unitary Committee of the three trade union centrals of the province. At Quito, José Chávez, President of the Ecuadorian Confederation of Free Trade Unions (CEOSL), had also been arrested. The Permanent Unitary Committee of Guayas stated that these persons were being held without trial.
2. 339. The ICFTU in its complaint described the events which had led up to the strike by workers of the AZTRA refinery. It explained that the collective agreements in force in the Ecuadorian sugar industry prior to 18 August 1977 stipulated that in the event of an increase in the selling price of this foodstuff, the workers would be entitled to a percentage of this increase in the form of an addition to their wages. At its session on 16 August 1977, the Cabinet decided to raise the price of sugar on the home market by more than 54 per cent. On 18 August a joint agreement of the Ministers of industry, Commerce, Integration, Agriculture and Animal Husbandry confirmed the Government decision, specifying that "the difference between the current and the previous prices of sugar would not be allotted to an increase in the workers' wages". In protest against this decision which, according to the ICFTU, infringed the provisions contained in their collective agreements, the workers of the AZTRA refinery occupied the plant in question.
3. 340. The WFTU alleged that on 12 October 1977 a group of 50 persons assisted by the rural police had opened fire on strikers at the "San Rafaël" farm. Six workers had been killed and a certain number of them wounded. According to a press cutting forwarded by the WFTU and communicated to the Government, the workers on this farm had been on strike for three months. The group of persons directed by the co-proprietor of the farm burst into the room in which the workers were assembled, assailing them with blows and discharging their arms.
4. 341. As regards the events at the AZTRA refinery, the Government stated that a group of extremists had incited the workers with a view to achieving their terrorist objectives of driving the country into chaos. It enclosed with its communication two press cuttings containing statements made by the Under-Secretary of State for Labour regarding this case. The Under-Secretary's statements showed that a statement of claims had been submitted on 20 September to the Inspector of Labour at Cañar. The employer's reply was received on 4 October. On 11 October the Inspector of Labour asked the employer to submit the two draft agreements mentioned in his reply. Moreover, the Ministry of Labour, in its capacity as arbitrator, summoned the two parties for mediation on 20 October, to which the latter signified their agreement on 17 October. Nevertheless, the following day (18 October) the trade union leaders and members of the works Committee occupied the plant, chained and padlocked the doors and forced the seasonal workers to stop work. A document was then presented to the Labour Inspectorate in which it was stated that since the Tribunal had not given a decision within the time laid down by law, a strike had been called. Thus, continued the Under-Secretary of State, the strike was called after the premises had been occupied. It was also recalled that section 473 of the Labour Code obliged workers employed in the production, sale or distribution of essential foodstuffs to give notification of the work stoppage ten days in advance.
5. 342. As regards the intervention of the forces of law and order, the Under-Secretary of State declared that following a request of the management with a view to protecting the goods and rights of the undertaking, the Ministry of Labour had passed on the case to the ministry of the Interior. The latter then addressed a communication to the police authorities. Before intervening, the police called for the evacuation of the undertaking, the request being transmitted personally and directly by police officers. The latter were hoping to talk with the trade union leaders but these failed to appear. The most hot-headed workers indicated over the loudspeaker that they would not obey the orders of the police. A good many of the workers had already evacuated the area when the instigators of the strike appeared carrying sticks and arms thus preventing more than 900 men from leaving. When they attempted also to attack the sugar reserves the police were obliged to throw tear gas bombs. There was a rush towards the exit and in the resulting total confusion many workers fell into the irrigation canal surrounding the plant.
6. 343. The Government stated that following these events an agreement had been concluded on 19 December 1977 ending the dispute and meeting the workers' demands. The agreement was signed by the General Director of the AZTRA company and by the General Secretary and three secretaries of the works Committee. With a view to settling the dispute, the firm undertakes to pay the workers a sum corresponding to a share in the increase in the price of sugar.
7. 344. As regards the events that occurred at the San Rafaël farm, the Government stated that on 29 June 1977 the workers in this undertaking had presented a statement of demands aimed at revising a collective agreement in force. The legislation provides that demands of this type are filed away, which was done in the present case. The workers' leaders occupied the farm and called an indefinite strike, disregarding the law. The labour authorities declared this strike illegal in accordance with Decree No. 1475, dated 26 May 1977, and Decree No. 105, dated 3 June 1977. The employer submitted a request for the agreement of the labour authorities to his dismissing the workers on the grounds of repeated and unjustified offences and their failure to work for a period of more than three days. This request was examined by the authorities. The employer also requested the intervention of the police with a view to safeguarding private property. The police intervened, therefore, solely at the request of the person concerned and in accordance with the law.

B. B. The Committee's conclusions

1. 345. The Committee notes that the grave events referred to by the complainants occurred on the occasion of strikes organised in undertakings belonging to the sugar industry. In the Government's view these strikes were illegal because, in the case of the AZTRA undertaking, the notice required by the legislation had not been given and, in the case of the San Rafaël farm, the demands were aimed at the revision of a collective agreement in force. In addition, the strikes in question had been accompanied by the occupation of the premises.
2. 346. Both cases led to police intervention resulting in the loss of human life, particularly heavy at the AZTRA refinery. The Committee notes the statement of the Under-Secretary of State for Labour describing the events that occurred at this refinery. It appears that the description given by him conflicts widely with the statements of the complainants as to the type of action taken by the police, the number of dead, the fact that persons were injured and the cause of death. On this last point, the complainants state that some people were killed by bullets and others were drowned while fleeing from the forces of law and order. According to the Government, the deaths were caused by drowning in the midst of total confusion. Moreover, the Government gives no details about the police intervention at the San Rafaël farm whereas the complainants indicated that the workers assembled in the undertaking had been attacked by an armed group composed partly of members of the rural police.
3. 347. The Committee is obliged express its profound concern at the particularly grave nature of the events which occurred in these two undertakings, the more so since the explanations given by the Government do not make sufficiently clear the nature of the police intervention in these cases. Judging from the information available it does not appear that the attitude of the workers in the undertaking surrounded by the police was such as would have justified an intervention of the forces of law and order of such a type as to cause a heavy loss of human life. As regards the AZTRA undertaking, the Committee notes moreover that, two months following these events, an agreement was signed which appears to have met the demands submitted by the workers, the rejection of which had caused the strike.
4. 348. The Committee also observes that the complainants refer to the arrest of several trade union leaders. Since the Government has not replied to these allegations, the Committee would like the Government to forward information on the present position of these persons, and, in particular, as regards those still being detained and whether they have been brought before the courts.