Rapport intérimaire - Rapport No. 259, Novembre 1988

1. 332. The complaint is contained in communications from the International
   • Confederation of Free Trade Unions (ICFTU), dated 7 March, 27 April, 4 May, 17
   • June and 12 October 1988. The Government supplied its observations in
   • communications dated 28 June and 7 September 1988.
2. 333. El Salvador has not ratified either the Freedom of Association and
   • Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to
   • Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 334. In its communication of 7 March 1988, the ICFTU notes with concern the
2. continuing violations of trade union rights which occur nearly every day in El
3. Salvador. The communication states that in spite of major efforts to make the
4. country democratic during the past eight years, allowing a certain degree of
5. social action and the holding of elections in 1984, El Salvador continues to
6. be a country caught up in a civil war; a country marked by violence, poverty
7. and social isolation. The long-standing oligarchies and extreme right forces
8. are continuing - according to the communication - to exert - together with the
9. army - a disproportionate influence in political and economic life. The same
10. Government, elected in 1984, has not succeeded in subordinating the army to
11. civilian power. The economic situation is dramatic; unemployment is as high as
12. 70 per cent amongst the economically active population and the situation might
13. become worse with the recent legislation regulating the presence of illegal
14. Salvadorian workers in the United States. During the past seven years,
15. inflation has exceeded 300 per cent and there is a lack of basic foodstuffs
16. and a serious housing shortage (almost half the population live in makeshift
17. huts or rural shacks made out of any available material). In addition to all
18. this, the illiteracy rate is 60 per cent. According to the communication, the
19. Government's response to the acute economic crisis has been to adopt a series
20. of austerity measures and to wage a campaign of selective repression, designed
21. to lower the workers' morale and undermine their cause.
22. 335. The ICFTU communication goes on to say that the lack of an agreement to
23. end the civil war had resulted in bombings and expensive military operations
24. that lay waste to the fauna and flora, destroy infrastructure, mining
25. installations etc., and aggravate considerably the already disastrous economic
26. situation. As regards human and trade union rights, the security forces are
27. continuing to violate them in a selective way and death squads have once again
28. appeared on the scene. Murders and disappearances for political and trade
29. union reasons are continuing. Until now, no member of the security forces has
30. been tried for violating human rights. Salvadorian workers are entitled, under
31. the Constitution, to organise. However, trade union rights, such as the right
32. to establish trade unions, to bargain collectively and to strike, are
33. restricted in the private sector; the workers in public institutions, which
34. are not independent, do not enjoy these rights. In spite of these
35. constitutional guarantees, both the Government and right and left-wing
36. extremists are attempting, in various ways, to put pressure on and manipulate
37. workers and their organisations for political ends, thereby hindering the
38. consolidation of an autonomous trade union movement capable of defending and
39. promoting workers' interests.
40. 336. The ICFTU adds that there was an increase in the number of violations of
41. human and trade union rights during 1987; it encloses a report listing the
42. repressive measures taken by the armed forces, police and death squads during
43. the period from August to December 1987. (See Annex I.)
44. 337. Furthermore, the communication adds that the insurrectionary forces -
45. claiming to belong to the FMLN - which were involved in a campaign to paralyse
46. overland transport and sabotage the electoral process, attacked with machine
47. guns a bus transporting workers from the "IUSA" textiles factory, murdering
48. three trade unionists and leaving eight others seriously injured. According to
49. the communication, these events occurred on Friday, 19 February 1988 at 8
50. p.m.. in the village of San Martin, 20 kilometres from San Salvador. The
51. murdered trade unionists were the following: Custodia de Jesús Rivas, Xenia
52. Marisol López Molina and Rosa Cándida Martínez Marroquín; the seriously
53. injured were the following: María Angélica Mejías, Marta Romero Guillén, Elías
54. Segura Cerón and Hernán Eduardo Contreras (bus driver). All were members of
55. the trade union of that factory. The communication ends by stating that it is
56. up to the Government of El Salvador to guarantee the full respect of human and
57. trade union rights and that it must identify those responsible for violating
58. these rights and judge them, in order to guarantee the safety of its citizens.
59. 338. In a communication dated 27 April 1988, the ICFTU denounces the
60. disappearance of the trade unionist Fredy Torres, Secretary of Culture of the
61. Trade Union of Social Security Workers (STISS), who was arrested on 22 April
62. 1988 by heavily armed civilians. His present whereabouts are unknown and he
63. had previously received threats, supposedly from the national police. Not long
64. before he had been held responsible by the Director of the Social Security
65. Institute for the strike carried out at the beginning of 1988 by his trade
66. union and, in the Salvadorian context, such an accusation can bring serious
67. consequences.
68. 339. In a communication dated 4 May 1988, the ICFTU states that on 29 April
69. 1988, the trade unionist Adrián Chavarría Girón, Secretary of International
70. Relations Of the General Confederation of Workers (CGT) was murdered in San
71. Salvador. On the same day, there was an attack with explosives against the
72. headquarters of the National Union of Salvadorian Workers (UNTS), which caused
73. serious material damage.
74. 340. In a further communication dated 17 June 1988, the ICFTU states that on 8
75. June 1988, the trade unionist Domingo López Morales, First Secretary of
76. Disputes of the subsection of the building company trade union "José Nuila
77. Fuentes", affiliated to the Trade Union Federation of Salvadorean Workers
78. (FENASTRAS), was riddled with bullets and murdered in front of his family.
79. According to evidence given by his family, the murder was committed on the
80. Nacuilafa estate, in the municipality of Nejapa (18 kilometres from San
81. Salvador) by about 25 persons in uniform.
82. 341. The communication adds that on 6 June 1988, the co-operative member José
83. Parada was arrested by soldiers from the Jacuarán batallion, in San Francisco
84. Xavier, in the Department of Usulután. At the time he was arrested, he was in
85. possession of 400,000 colones belonging to the co-operative, which served as a
86. pretext for the soldiers to accuse him of being in contact with the guerrillas
87. in this heavily militarised area. The communication continues by stating that
88. on 29 May 1988, soldiers from the Third Brigade of the army carried out a
89. thorough search in the "GUAYOJO" co-operative, in the municipality of Matapán,
90. in the Department of Santa Ana, 70 kilometres to the east of El Salvador.
91. Three co-operative members were arrested: Rolando Aguirre Areola, Chairman;
92. Eugenio Galdanés and Orlando Areola López, members. They were detained for
93. five days without any charge being brought against them; this search was
94. carried out on the grounds of looking for weapons - but none were found.
95. 342. The ICFTU communication further points out that since 12 March 1988,
96. there has been an arrest warrant against four FENASTRAS officials: Gerardo
97. Díaz, Secretary of the Organisation; Antonio Guatemala, Secretary-General of
98. the Banking Workers' Union (SIGEBAN); and Antonio Inglés and Juan Huezo, for
99. alleged attacks against Tadeo Bernal Lizama, Minister of Labour. The
100. communication adds that irrespective of whether the charge is true or not, the
101. arrest warrant against these persons is obviously intended to intimidate them
102. and restrict their trade union activities. The UNTS also denounced that the
103. former command of the armed forces had issued arrest warrants against nine
104. officials of the National Association of Workers of the Supplies Control
105. Institute (ASTIRA), in the Department of Santa Ana. The names of these
106. officials are: Celestino Núñez, Francisco Aguilar, Manuel Pérez Avila,
107. Gilberto Fuentes, Antonio Rivora, Rogelio Guevara, Pedro Benítez, Milton
108. Retana and Oscar Retana.
109. 343. In a further communication dated 12 October 1988, the ICFTU makes the
110. following allegations: the arrest on 11 September 1988 in Usulután of the
111. co-operative workers Alberto Olmedo, Bartolo Cornejo, Remberto Hernández
112. Flores, Leonor Peña Sánchez, Antonio Pérez, Sebastián Espinoza, Edwin Andrade
113. and N. Henríquez. Their whereabouts and place of detention are unknown. On 13
114. September 1988 the premises of the National Union of Salvadorean Workers
115. (UNTS) and the crèche of the FENASTRAS-San Miguelito trade union were searched
116. by the authorities without a warrant. At the UNTS premises all members of the
117. executive committee of this organisation were arrested. In the crèche Roberto
118. Campos, Laura Mira and her husband were illegally arrested, along with the
119. student Otoniel Guevara. During demonstrations on the same day, students,
120. teachers, university workers and peasants in San Salvador, Santa Ana and San
121. Miguel were attacked by members of the police forces. On 14 September 1988 the
122. premises of the National Association of Agricultural Workers (ANTA) were
123. searched and 15 persons were arrested without warrant; their whereabouts are
124. unknown.
125. 344. The ICFTU adds that on 21 September 1988 in the region of the San
126. Francisco canton in the Department of San Vicente, in the municipality of San
127. Sebastián, ten peasants were assassinated, allegedly by the armed forces. An
128. attempt was made to cover up this event by claiming that it was the result of
129. a supposed clash between peasants and guerrillas. Some eyewitnesses confirm
130. that members of the Fifth Brigade of the Army were responsible for these
131. deaths. The National Union of Peasant Workers (UNOC) held a press conference
132. to denounce these events and to demand that the Commander of the Armed Forces
133. investigate these tragic events and punish the authors of the crimes. The
134. names Of the assassinated peasants are: José Atilio Rivas, Zoila Rivas, Jesús
135. Cepeda (father), Jesús Cepeda (daughter), Francisco Alfaro, José Alfaro,
136. Nicolás Flores, José María Flores, Teresa Argueta and Ulises Gibrián.
137. B. Replies of the Government
138. 345. In a communication dated 28 June 1988, the Government, referring to the
139. communication from the ICFTU dated 7 March 1988, points out that the
140. accusations are biased since they only refer to cases of violations of freedom
141. of association and human rights allegedly committed by the army, the Ministry
142. of Labour and the Isidro Menéndez Judicial Centre; nevertheless, the ICFTU
143. refrains from denouncing those cases in which FMLN groups have been actively
144. involved. These same groups, by their acts of terrorist violence, undermine
145. the human rights of workers; a case in point was the bombing of a bus
146. transporting workers from the Textiles Industrias Unidas S.A. factory (IUSA)
147. with machine-guns last February, during a transport strike declared by the
148. FMLN. They also undermine economic and social rights by destroying workplaces,
149. thereby destroying the workers' jobs and increasing poverty in their homes. It
150. may also be pointed out that the sources of many of the accusations made by
151. the ICFTU come from the various press media which, in their turn, pass on the
152. information they are given during their constant press conferences by
153. organisations or persons who feel in particular that they are victims of
154. repression; the said media never check whether the information they receive is
155. false Or true. This is all part of a campaign by the complainants to distort
156. the truth of what is happening in the country at the international level; they
157. are merely trying to overwhelm various international and governmental bodies
158. with hundreds of accusations and complaints, so that they condemn the
159. Government of El Salvador at various international forums, including ILO
160. meetings. The aim of this behaviour is to mask the actual problems facing the
161. country, the way in which the population is coping with them and attempts made
162. by the Government to overcome them; above all, it sets out to cover up the
163. planners and perpetrators of the criminal and terrorist actions carried out by
164. the FMLN-FDR, with the backing of other governments and international
165. Organisations.
166. 346. The Government's communication states that as regards the accusations of
167. government repression against trade unions and grass-roots organisations, it
168. should be stressed that the right of all workers to freedom of association is
169. respected in El Salvador; this right is guaranteed by the Ministry of Labour
170. and Social Welfare in application of Decree No. 455 which, in section 12(4)
171. states that the National Labour Department shall be responsible for:
172. "promoting the establishment of worker's trade unions, assisting them to
173. develop and promoting the establishment of collective labour agreements". It
174. is also illogical to hold the Judicial Centre Isidro Menéndez responsible for
175. government repression since this is where the tribunals or courts in the
176. capital are situated. Furthermore, the judges presiding over these courts
177. cannot be considered as perpetrators of repression because they are only civil
178. servants who, under the Constitution, have the power to judge and execute
179. verdicts and their actions are within the framework of the law. Finally, as
180. regards the accusations of repression made against the army, it is necessary
181. to point out that during the past few years, the trade union organisations
182. have set out to create labour disputes, not only with the aim of achieving
183. wage increases but also of destabilising the Government with their political
184. intransigence, by making demands that it is unable to fulfill because of the
185. socio-economic and political crisis prevailing in the country. Furthermore,
186. several organisations have formed an alliance with the FMLN groups; it is for
187. this reason that they have been considered cover groups and their actions Part
188. of the FMLN-FDR's destabilisation programmes; this has been proved because
189. secret documents have been seized both from these organisations and FMLN
190. groups. It should also be pointed out that the organisations which declare
191. that they are repressed have - taking advantage of the constitutional right to
192. freedom of speech - resorted to street demonstrations accompanied by violent
193. terrorist acts such as the painting of walls and vehicles, the burning of
194. vehicles, attacks on public and private property, police provocation, etc.
195. Confronted with this behaviour, the role of the army has been to remain
196. vigilant and guarantee the safety of private and public property, as well as
197. that of the population in general. By resorting to such action, these
198. organisations are not only endangering the life of their members but also that
199. of the population as a whole, which has shown its total disapproval of the
200. violent and irrational methods used to promote the trade union cause.
201. 347. The Government's communication concludes by stating that such acts of
202. provocation set out to provoke the army in order to create martyrs so that
203. they might then wage campaigns to distort reality, in which they denounce the
204. Government and the army as violators of Salvadorian human rights - especially
205. those of the working class. A photocopy of observations made by the Ministry
206. of Labour is enclosed, in response to the list of complaints submitted by the
207. ICFTU.
208. 348. In a further communication also dated 28 June 1988, the Government refers
209. to the ICFTU communication concerning the arrest of Fredy Torres, the
210. Secretary of Culture of the Trade Union of Workers of the Salvadorian Social
211. Security Institute (STISS). In this respect, it reports that according to a
212. news item in a local magazine, Mr. Torres, known as "Carlos", was arrested on
213. 22 April this year by members of the Fiscal Police on the suspicion that he
214. had committed acts of a terrorist nature, of setting fire to a bus on the No.
215. 29 bus route in San Salvador on 8 April; he was sent to the La Esperanza
216. prison and on 26 April was released by the Sixth Criminal Court of San
217. Salvador as no charges were held against him. The Government encloses a copy
218. of the local magazine containing the above-mentioned news item.
219. 349. In a further communication dated 7 September 1988, the Government
220. provides information on the murder of the trade union official Adrían
221. Chavarría Girón, Secretary of International Relations of the General
222. Confederation of Workers (CGT). In this respect, it states that given the
223. delicacy of the case in question, an inquiry is at present being carried out
224. by the executive unit of the Criminal Investigation Committee; information on
225. the findings of this inquiry will therefore be communicated in due course.

C. The Committee's conclusions

1. 350. The Committee observes that the complainant provides a general picture of
   • the economic, political and social situation of the country and includes in
   • the annex a list of alleged acts of repression carried out between August and
   • December 1987.
2. 351. The Committee also takes note of the general information provided by the
   • Government, in particular that the sources of many of the accusations made by
   • the ICFTU come from the various press media which pass on information they are
   • given by persons Or organisations claiming to be the victims of repression,
   • without ascertaining the truth Of such information. According to the
   • Government, this is all part of a campaign to distort the truth of what is
   • happening in the country at the international level by the complainants who
   • are trying to protect the authors of criminal and terrorist acts carried out
   • by the FMLN-FDR with the support of other governments and international
   • organisations.
3. 352. The Committee likewise takes note of the explanations given by the
   • Government regarding the accusations of repression by the Government and the
   • armed forces against trade unions and grass-roots organisations in which it
   • states that in recent years the trade union organisations have set out to
   • create labour disputes, not with the aim of achieving wage increases but of
   • destabilising the Government by means of political intransigence. Some
   • organisations have joined the ranks of the FMLN and act as cover groups and
   • their actions are part of the FMLN-FDR's destabilising programmes. As regards
   • the Government's comments, the Committee emphasises the principle that a
   • climate of violence which results in the assassination or disappearance of
   • trade union leaders is a serious obstacle to the exercise of trade union
   • rights; such acts require severe measures on the part of the authorities.
4. 353. As regards the allegation concerning the arrest of the trade unionist
   • Fredy Torres, on 22 April 1988, on suspicion of having committed terrorist
   • acts, the Committee observes that according to the Government he was released
   • by the Sixth Criminal Court as there were no charges against him. The
   • Committee recalls in this connection the principle that the arrest by the
   • authorities of trade unionists against whom no charges are subsequently
   • brought can result in restrictions on trade union rights. Governments should
   • take steps to ensure that the competent authorities receive appropriate
   • instructions to avoid the danger which detention measures pose to trade union
   • activities.
5. 354. The Committee takes note of the observations of the Government concerning
   • the assassination of the trade unionist Adrián Chavarría Girón that an inquiry
   • is being carried out by the executive unit of the Criminal Investigation
   • Committee and that the findings of this inquiry will be communicated in due
   • course.
6. 355. As regards the machine-gunning on 19 February 1988 of a bus belonging to
   • the IUSA undertaking which resulted in the deaths of the trade unionists
   • Custodia de Jesús Rivas, Xenia Marisol López Molina and Rosa Cándida Martínez
   • Marroquín and which caused serious injury to María Angélica Mejías, Marta
   • Romero Guillén, Elías Segura Cerón and Hernán Eduardo Contreras, the Committee
   • recalls the principle that a genuinely free and independent trade union
   • movement cannot develop in a climate of violence and uncertainty. It is the
   • responsibility of the governments to ensure that basic human rights are
   • respected.
7. 356. As regards the allegations made by the ICFTU in a list appended to its
   • communication of 7 March 1988 concerning government repression of trade unions
   • and grass-roots organisations during the period of August to December 1987,
   • the Committee notes the observations of the Government on some of the
   • allegations contained in this list (see Annexes I and II at the end of this
     • case).
   • 357. As regards the allegations made by the ICFTU concerning the assassination
8. on 8 June 1988 of the trade unionist Domingo López Morales and the peasants
   • José Atillo Rivas, Zoila Rivas, Jesús Cepeda (father), Jesús Cepeda
   • (daughter), Francisco Alfaro, José Alfaro, Nicolás Flores, José María Flores,
   • Teresa Argueta and Ulises Gibrián on 21 September 1988, the Committee deplores
   • the fact that the Government has not sent any observations on these
   • allegations. It draws the Government's attention to the principle that trade
   • union rights can only be exercised in a climate that is free from violence,
   • pressure or threats of any kind against trade unionists and it is for
   • governments to ensure the respect of this principle; furthermore, it recalls
   • that a genuinely free and independent trade union movement can only develop
   • where fundamental human rights are fully respected and guaranteed.
9. 358. Finally, the Committee observes that the Government has not provided
   • observations on the following allegations: the arrest on 6 June 1988, of the
     • co-operative worker José Parada by soldiers from the Jucuaran battalion, in
   • San Francisco Xavier, when he was found to be in possession of 400,000 colones
   • belonging to the co-operative; the thorough search for arms carried out in the
   • Guayojo co-operative in the municipality of Matapan, Department of Santa Ana,
   • and the subsequent arrest for five days of the co-operative workers Rolando
   • Aguirre Areola, Eugenio Galdanés and Orlando Areola López; the arrest warrant
   • which has been issued since 12 March 1988 against four FENASTRAS officials:
   • Gerardo Díaz, Antonio Guatemala, Antonio Inglés and Juan Huezo for alleged
   • attacks against the Minister of Labour and the arrest order issued by the
   • armed forces against nine officials of the National Association of Workers of
   • the Supplies Control Institute (ASTIRA): Celestino Núñez, Francisco Aguilar,
   • Manuel Pérez Avila, Gilberto Fuentes, Antonio Rivora, Rogelio Guevara, Pedro
   • Benítez, Milton Retana and Oscar Retana; the ICFTU communication dated 12
   • October concerning the arrest in Usulután on 11 September 1988 of the
     • co-operative workers Alberto Olmedo, Bartolo Cornejo, Remberto Hernández
   • Flores, Leonor Peña Sánchez, Antonio Pérez, Sebastián Espinoza, Edwin Andrade
   • and N. Henríquez, the search without warrant on 13 September 1988 of the
   • premises of the National Union of Salvadorean Workers (UNTS) and the crèche of
   • the FENASTRAS-San Miguelito trade union and the arrest on the premises of the
   • UNTS of all the members of the executive committee of this organisation, the
   • arrest in the crèche of Roberto Campos, Laura Mira and her husband and the
   • student Otoniel Guevara. Nor has the Government made any observations on the
   • search carried out, on 14 September 1988, of the premises of the National
   • Association of Agricultural Workers (ANTA) and the arrest without warrant of
10. 15 persons whose whereabouts are still unknown.

Z. ANNEX I

• GOVERNMENT REPRESSION AGAINST UNIONS AND GRASS-ROOTS ORGANISATIONS
• Date: 7 August 1987
• Organisation: UNTS
• Author of repression: Salvadorian Salvation Army (death squad)
• Repressive action: Threats against Guillermo Rojas and Julio Portillo.
• Date: 7 August 1987
• Organisation: ANTMAG
• Author of repression: Agriculture Ministry
• Repressive action: Unjustified dismissal of 200 workers; threat to dismiss
  3. 3,000 more.
• Date: 10 August 1987
• Organisation: STISSS (Zacamil, Sonsonate, Santa Ana, Usulután)
• Author of repression: National Police and government forces
• Repressive action: Militarisation of workplace.
• Date: 11 August 1987
• Organisation: ANTMAG
• Author of repression: National Police
• Repressive action: Captured Rodolfo Miranda and José Antonio Serrano.
• Date: 11 August 1987
• Organisation: McDonald's employees
• Author of repression: Judicial Centre Isidro Menéndez
• Repressive action: Order to capture employees for having taken over the
• restaurant in order to avoid losing their jobs.
• Date: 13 August 1987
• Organisation: STISSS
• Author of repression: National Police Third Infantry Brigade National Guard
• Repressive action: Militarisation of the clinics of ISSS in San Jacinto, Santa
• Anita and Atlacatl, and of the San Miguel hospital.
• Date: 13 August 1987
• Organisation: UNTS
• Author of repression: Treasury Police
• Repressive action: Break-in and search of offices.
• Date: 14 August 1987
• Organisation: ATCEL
• Author of repression: Seventh Infantry Brigade
• Repressive action: Captured 8 workers.
• Date: 14 August 1987
• Organisation: STISSS (San Miguel)
• Author of repression: National Police
• Repressive action: Militarisation of installations.
• Date: 15 August 1987
• Organisation: CCTO
• Author of repression: Government forces
• Repressive action: Assassination of América Benítez and Gloria Benítez; 3
• wounded.
• Date: 15 August 1987
• Organisation: FENACOA pre-cooperative "La Méndez" (Usulután)
• Author of repression: Atonal Battalion
• Repressive action: Captured leaders Juan Trinidad Cruz, Irene Guevara Cruz and
• Miguel Beltrán.
• Date: 16 August 1987
• Organisation: ANIS (Sonsonate)
• Author of repression: Civilian Defence
• Repressive action: Assassination of Eulalio Antonio Martínez Vásquez.
• Date: 17 August 1987
• Organisation: FESTIAVTSCES
• Author of repression: National Guard
• Repressive action: Captured Romel Antonio Arias Argueta, secretary of youth
• affairs.
• Date: 17 August 1987
• Organisation: FENACOA pre-cooperative
• Author of repression: Civilian Defence, Sixth Infantry Brigade
• Repressive action: Captured secretary Francisco Hidalgo Hernández.
• Date: 17 August 1987
• Organisation: "Workers of the "Harrison" construction company
• Author of repression: Labour Ministry-owners
• Repressive action: Allows unjustified dismissal of 600 workers for organising
• partial strikes
• Date: 19 August 1987
• Organisation: ANTA
• Author of repression: Civilian Defence, National Guard
• Repressive action: Assassination of Raúl Henríquez.
• Date: 22 August 1987
• Organisation: ANIS (Sonsonate)
• Author of repression: Civilian Defence, Sixth Military Detachment
• Repressive action: Captured Ignacio Zeledón.
• Date: 22 August 1987
• Organisation: FESTIAVTSCES
• Author of repression: National Guard
• Repressive action: Captured Fermín Antonio Rauda, second disputes secretary of
• Union of the oil factory "El Dorado" and member of the relations commission of
• the UNTS.
• Date: 22 August 1987 (Endnote 1)
• Organisation: STISSS
• Author of repression: Labour Ministry-owners
• Repressive action: Allows psychological pressure against and dismissal of
• Cristina Torres Prezo who committed suicide.
• Date: 24 August 1987
• Organisation: Workers of Port El Triunfo (Usulután)
• Author of repression: National Marine
• Repressive action: Attempt to displace workers on strike; 3 beaten.
• Date: 27 August 1987
• Organisation: STISSS and COFENASTRAS
• Author of repression: National Police
• Repressive action: Captured and psychologically tortured María Antonia Perez
• when in the administrative offices of ISSS.
• Date: 29 August 1987
• Organisation: FEDECOOPADES, "Los Angeles" co-operative (La Paz)
• Author of repression: Battalion
• Repressive action: Captured and tortured José Antonio Jovel Martínez, leader.
• Date: 29 August 1987
• Organisation: STISSS
• Author of repression: Sixth Penal Judge
• Repressive action: Order to capture 12 leaders.
• Date: 31 August 1987
• Organisation: Poultry Union
• Author of repression: Government forces dressed as civilians
• Repressive action: Captured Rafael Elías Preza, secretary of propaganda.
• Date: 1 September 1987
• Organisation: AGEMHA
• Author of repression: Finance Ministry
• Repressive action: Order of detention against six leaders.
• Date: 1 September 1987
• Organisation: STISSS
• Author of repression: Sixth Judge
• Repressive action: Order of detention against the leaders: Guillermo Rojas,
• Juan Carlos Selva. Marta Elina García de Rodríguez, Ana Francisca Romero,
• Jorge Alberto Lara Alveño, Jorge Alberto Anaya, Oscar Miguel Marroquín, Eliseo
• Córdoba Aguilar, Adilio Dolores Fuentes, Pedro Galdámez Ardón, Alex Ric Muñoz
• and Roberto Granados.
• Date: 1 September 1987
• Organisation: CCTU
• Author of repression: Government forces
• Repressive action: Captured and disappeared Jorge Salvador Ubau, secretary
• general.
• Date: 2 September 1987
• Organisation: Fishing co-operatives
• Author of repression: Marine Infantry Battalion
• Repressive action: Threats against co-operative members; 3 workers beaten.
• Date: 2 September 1987
• Organisation: ANC
• Author of repression: Second Infantry Brigade
• Repressive action: Captured Jesús Gregorio Ortega, Julio Mumberto Lemus,
• Santos Basilio, Rafael, Molina Guzman, Arcángel Barrientos.
• Date: 3 September 1987
• Organisation: ANC (Santa Ana)
• Author of repression: Second Brigade
• Repressive action: Captured David Eduardo Carias Campo, secretary of
• propaganda of the national executive council; threatened.
• Date: 4 September 1987
• Organisation: FENACOA
• Author of repression: Government forces
• Repressive action: Captured Mercedes Nolasco.
• Date: 6 September 1987
• Organisation: ANTA co-operative "Fe en el Maíz"
• Author of repression: Government forces
• Repressive action: Captured Nicolás Sánchez, member.
• Date: 7 September 1987
• Organisation: FENACOA (Usulután)
• Author of repression: Sixth Infantry Brigade
• Repressive action: Captured Pedro Juan Sánchez, Juan Antonio Hernández,
• Marcelo Antonio Hernández, Rosalio Ruiz Ramírez.
• Date: 10 September 1987
• Organisation: FEUS
• Author of repression: National Police
• Repressive action: Captured Carlos Elías Menjívar and Carlos Adalberto
• Menjivar.
• Date: 11 September 1987
• Organisation: AGEPYM
• Author of repression: Government forces
• Repressive action: Disappeared José Alex Cunza Quijano, employee of the
• Ministry of Health.
• Date: 11 September 1987
• Organisation: SI-CAFE (Ahuachapán)
• Author of repression: National Guard
• Repressive action: Displaced 600 workers; militarisation.
• Date: 16 September 1987
• Organisation: Co-operative San Antonio, El Barillo, COACES (La Paz)
• Author of repression: First Infantry Brigade
• Repressive action: Captured, tortured and assassinated director José Angel
• López Portillo; threats against members of the leeadership council since July.
• Date: 22 September 1987 (Endnote 1)
• Organisation: PEZCA S.A. Union
• Author of repression: Labour Ministry-owners
• Repressive action: Threats against 100 workers of losing their jobs; owners
• are dismantling the machines and equipment in order to not reach an agreement
• with the union about the labour dispute.
• Date: 22 September 1987
• Organisation: ANTMAG
• Author of repression: Agriculture and Livestock Ministry
• Repressive action: Dismissed 136 workers, therefore not fulfilling the
• agreements between the union and the Ministry.
• Date: 24 September 1987
• Organisation: ANEPES
• Author of repression: Death squad "National Anti-communist Command"
• Repressive action: Assassinated José Germán Mira, member of the leadership.
• Date: 26 September 1987
• Organisation: Transportation workers
• Author of repression: Government forces
• Repressive action: Captured two workers.
• Date: 26 September 1987
• Organisation: AGEPYM
• Author of repression: Government forces
• Repressive action: Disappeared Alex Cunza Quijano, 25 years old, public
• employee.
• Date: 28 September 1987
• Organisation: ANDES (Ahuachapán)
• Author of repression: Government forces dressed as civilians
• Repressive action: Captured Pedro Antonio Ramírez Lozano.
• Date: 29 September 1987
• Organisation: SETA
• Author of repression: Government forces
• Repressive action: Assassinated employee Franklin Antonio Escobar, 30 years
• old, when a letter bomb exploded.
• Date: 30 September 1987
• Organisation: ANDES
• Author of repression: Municipal Police
• Repressive action: Captured Carlos Alberto Rivera.
• Date: 1 October 1987
• Organisation: Workers of the El León factory
• Author of repression: Municipal Police
• Repressive action: Captured Alberto Rivera, worker.
• Date: 2 October 1987
• Organisation: FENASTRAS
• Author of repression: National Police
• Repressive action: Captured 10 members of the propaganda commission.
• Date: 2 October 1987
• Organisation: UNTS
• Author of repression: Civilian Defence
• Repressive action: Captured 7 members of UNTS, 2 leaders of FENASTRAS, Rodolfo
• Andrés Prieto, Celia Mazín, Blanca Margarita Orellana, Manuel de Jesús Alfaro,
• Adalberto Martínez Martínez, Norma Luz Cepeda, Marlena González and Carlos
• Chavez.
• Date: 3 October 1987
• Organisation: CO-AEAS
• Author of repression: Government forces
• Repressive action: Assassinated and tortured José Rolando Romero Villanueva,
• employee.
• Date: 9 October 1987 (Endnote 1)
• Organisation: Union of the Etiquetas y Elásticos Factory
• Author of repression: Labour Ministry-owners
• Repressive action: Factory closed in order to destroy the union, leaving 75
• without work.
• Date: 9 October 1987
• Organisation: AVICOLA
• Author of repression: National Police
• Repressive action: Captured José Alejandro Romero.
• Date: 12 October 1987
• Organisation: ANIS Nahuizalco (Sonsonate)
• Author of repression: Military Detachment No. 6
• Repressive action: Captured Manuel Antonio Nolasco.
• Date: 17 October 1987
• Organisation: SETA
• Author of repression: Security of ANDA
• Repressive action: Free mobilisation within the workplaces restricted for the
• unions.
• Date: 17 October 1987
• Organisation: ASIES
• Author of repression: National Police dressed as civilians
• Repressive action: Captured Mirna Noemi Moreno Chicas, Nelson Cañas and José
• María Cañas Romero, all belonging to the UNTS.
• Date: 19 October 1987
• Organisation: ANTA (Santa Ana)
• Author of repression: Fifth Infantry Brigade
• Repressive action: Captured Celedonio Umania and Arturo Umenia in Agua Fuerte
• canton.
• Date: 20 October 1987
• Organisation: Co-operative Coponte (San Miguel)
• Author of repression: Atlacatl Battalion
• Repressive action: Captured Rigoberto Orellana López, president.
• Date: 20 October 1987
• Organisation: ANTA
• Author of repression: Atlacatl Battalion
• Repressive action: Captured Isabel Ordoñez.
• Date: 27 October 1987
• Organisation: ANDES
• Author of repression: Government forces dressed as civilians
• Repressive action: Captured Blanca Rosa Mendoza de Benítez, professor of the
• French school in Mejicanos.
• Date: 31 October 1987
• Organisation: FSR
• Author of repression: National Police dressed as civilians
• Repressive action: Assassinated José Germán Mira, member of the leadership.
• Date: 7 November 1987
• Organisation: "San Matias" co-operative of El Jicaro (Ahuachapán)
• Author of repression: Government forces
• Repressive action: Assassinated and robbed Porfirio González Hernández.
• Date: 9 November 1987 (Endnote 1)
• Organisation: Workers of Mike-Mike
• Author of repression: National Police
• Repressive action: Militarised factory.
• Date: 11 November 1987
• Organisation: ASTTEL
• Author of repression: National Police
• Repressive action: Captured Juan Francisco García Catalán and Luis Alvarenga.
• Date: 11 November 1987
• Organisation: UNC Santa Ana farm (San Miguel)
• Author of repression: Third Brigade
• Repressive action: Militarised the farm; captured Mariano Fernández, Ausencio
• Granados and Alcides Majano.
• Date: 12 November 1987 (Endnote 1)
• Organisation: Union Mike-Mike
• Author of repression: National Police
• Repressive action: Captured 2 leaders, made threats.
• Date: 16 November 1987
• Organisation: Co-operative San Pedro de Los Apoyos (Santa Ana)
• Author of repression: Second Infantry Brigade
• Repressive action: Captured Eugenio Alas.
• Date: 16 November 1987
• Organisation: UNC, La Trinidad farm (San Miguel)
• Author of repression: Government forces
• Repressive action: Militarised; captured Neftalí Pérez, Antonio Lazo Pineda,
• Simón Alvarado and Lizandro Majano.
• Date: 16 November 1987
• Organisation: UNC, Alejandria farm (Morazán)
• Author of repression: Detachment No. 4
• Repressive action: Captured Humberto Martínez, Lizandro Alvarez and Rafael
• Rivera.
• Date: 26 November 1987
• Organisation: UTC and SIGEBAN, CODYDES
• Author of repression: Fiscal Police
• Repressive action: Straffing of a demonstration; wounded Rafael Constansa,
• member of CODYDES.
• Date: 26 November 1987 (Endnote 1)
• Organisation: STITAS - Mike-Mike factory
• Author of repression: Labour Ministry
• Repressive action: Union declared illegal.
• Date: 26 November 1987 (Endnote 1)
• Organisation: Multipesca company (La Unión)
• Author of repression: Government forces, Labour Ministry-owners
• Repressive action: Company stopped; workers stay inside the company;
• militarised, death threats, workers' action declared an illegal strike.
• Date: 6 December 1987
• Organisation: Union of ARCTEX factory FESINCONSTRAN
• Author of repression: Government forces
• Repressive action: Assasinated Gilberto Pérez Ramos.
• Date: 6 December 1987
• Organisation: Co-operative Las Hojas ANIS (Sonsonate)
• Author of repression: Government forces
• Repressive action: Threats.
• Date: 9 December 1987
• Organisation: ANDES
• Author of repression: Government forces
• Repressive action: Threats against Francisco Ortiz, Germán Gregorio Limón,
• Gloria Nova de Iraheta and Alfonso Padilla Costo.
• Date: 9 December 1987 (Endnote 1)
• Organisation: Workers of the cement factory Maya
• Author of repression: Labour Ministry-owners
• Repressive action: Allow lay-off of two union leaders and closing of the
• business, leaving 56 without work; union office closed.
• Date: 11 December 1987 (Endnote 1)
• Organisation: INPEP Union
• Author of repression: Labour Ministry-owners
• Repressive action: Allow threats against the union due to its support for the
• work stoppage.
• Date: 12 December 1987
• Organisation: CD-AEAS
• Author of repression: Government forces
• Repressive action: Assassinated the director, Manuel Oscar Quintanilla
• Moscote; captured Luis Portillo, treasurer.
• Date: 15 December 1987
• Organisation: ANC, ANTA, San José La Lima (La Libertad) farm
• Author of repression: Cavalry Battalion
• Repressive action: Militarisation, capture of Reynaldo García Castro, general
• secretary of ANC, Carlos Rodríguez, general secretary of ANTA, Rosario Acosta,
• Pedro Campos (members of the executive committee of ANTA) and Salvador Ruiz.
• Date: 17 December 1987
• Organisation: Association of Workers of canton El Rodeo (Ahuachapán)
• Author of repression: Civilian Defence
• Repressive action: Captured secretary general.
• Date: 18 December 1987
• Organisation: ASTTEL
• Author of repression: Government forces dressed as civilians
• Repressive action: Assassinated Medardo Ceferino Ayala Pérez, 30 years old.
• technician of ANTEL Roma, when leaving his home in Zacamil.
• Date: 18 December 1987 (Endnote 1)
• Organisation: Workers of COPINAP
• Author of repression: Labour Ministry-owners
• Repressive action: Allow threat of dismissal of 100 workers for "supposed"
• lack of raw materials, when the negotiation of the collective contract had
• ended; 22 workers already dismissed.
• Date: 20 December 1987
• Organisation: Co-operative Los Angeles, FEDECOOPADES (Zacamil)
• Author of repression: Military Detachment of Engineers, National Police
• Repressive action: Captured and disappeared Leonidas Arévala Fuentes,
• treasurer.
• Date: 22 December 1987
• Organisation: FENACOA
• Author of repression: Government forces
• Repressive action: Death threats against José Luis Camacho, secretary general,
• after participating in a television programme where he criticised the agrarian
• reform.
• Date: 24 December 1987
• Organisation: ANTA (Ahuachapán)
• Author of repression: Civilian Defence
• Repressive action: Captured leader Rivera and others.
• Date: 28 December 1987
• Organisation: ANDA
• Author of repression: Government forces
• Repressive action: Assassinated José Antonio Villalobos, employee.
• EXPLANATION OF ACRONYMS
• AGEMHA: General Association of Employees of the Finance Ministry
• AGEPYM: General Association of Municipal Employees
• ANC: National Peasants' Association
• ANDA: National Association of Sewage Workers
• ANDES: National Association of Salvadorian Teachers - 21 June
• ANEPES: Association of El Salvador Public Servants
• ANIS: National Indigenous Association of El Salvador
• ANTA: National Association of Agricultural Workers
• ANTEL: National Association of Telecommunications Workers
• ANTMAG: National Association of Workers in the Ministry of Agriculture
• ANTMOP: National Association of Workers in the Ministry of Public Works
• ANTRAM: National Association of Municipal Workers
• ASEBIL: Association of Ticket-sellers for the National Lottery
• ASID: Salvadorian Association of Democratic Aborigines
• ASIES: Independent Trade Union Association of El Salvador
• ASTIRA: Salvadorian Association of Workers of the Institute of Supplies
• Control
• ASTTEL: Salvadorian Association of Telecommunications Workers
• ASTUR: Salvadorian Association of Tourism Workers
• ATCEL: CEL Workers Association (Hydroelectrical Central of Rio Lempa)
• CAFENASTRAS: Women's Committee of FENASTRAS
• CCS: Salvadorian Peasants' Central Organisation
• CCTEM: State and Municipal Workers Co-ordination Council
• CCTO: Oriente Workers' Co-ordination Council
• CEL: (See ATCEL)
• CNR: Repopulation National Co-ordination
• COACES: Co-operative Associations Confederation of El 5alvador
• COVEBIL: Lottery Tickets Vendors Co-operative
• CST: Co-ordination of Solidarity with Workers
• FECORAO: Federation of Co-operatives of Agrarian Reform. Oriente
• FECORAPCEN: Federation of Co-operatives of Agrarian Reform, Paracentral Region
• FEDECOOPADES: Federation of Co-operative Associations of Agricultural
• Production of El Salvador
• FENACOA: National Federation of Agricultural Co-operatives
• FENASTRAS: National Trade Union Federation of Salvadorian Workers
• FESINCONSTRAN: Federation of Construction Unions
• FESTIAVTSCES: Trade Union Federation of Workers in the Food, Clothing, Textile
• and Allied Industries of El Salvador
• FESTRAS: Trade Union Federation of Salvadorian Workers
• INAZUCAR: National Sugar Institute
• INPEP: National Institute for State Pensions
• INSAFOCOOP: Salvadorian Institute for Co-operative Promotion
• IRA: Institute of Supplies Control
• ISTA: Salvadorian Institute for Agrarian Transformation
• SETA: Trade Union of Workers in the ANDA Company
• SETIVU: Trade Union of Workers in the Urban Living Institute
• SICAFE: Trade Union of the Coffee Industry
• SIDPA: Trade Union of the Sweets and Pastry Industry
• SIGEBAN: General Trade Union of Bank Employees
• SITINPEP: Trade Union of Workers in the National Institute of State Pensions
• SITRLONG: Trade Union of Workers in the National Lottery
• SOICES: Trade Union of Workers in the El Salvador Construction Industry
• STIMMES: Trade Union of Workers in the Mechahical and Metal Industries of El
• Salvador
• STISSS: Trade Union of the Salvadorian Social Security Institute
• STITAS: Trade Union of Workers in the Textile and Allied Trades
• SUCEPTES: Society of Postal Workers of El Salvador
• UNC: National Peasants' Union
• UNTS: National Unity of Salvadorian Workers
• UTC: Union of Workers in Dispute
• ANNEX II
• GOVERNMENT OBSERVATION ON THE LIST OF COMPLAINTS SUBMITTED TO THE ILO
  1. 1 Date: 17 August 1987.
• Organisation: Workers of the "Harrison" construction company.
• Author of complaint: Universidad de América Central (University of Central
• America).
• Object of complaint: Ministry of Labour and Social Security and Employers.
• Complaint: Authorisation of unjustified dismissal of 600 workers, for
• organising partial strikes.
• Observations: 1. "HARRISON" CONSTRUCTION COMPANY.
• In the records kept by the Service of Collective Labour Relations, there is no
• mention of any dispute - either collective or contractual - in the "Harrison"
• construction company.
  2. 2 Date: 22 August 1987.
• Organisation: STISSS.
• Author of complaint: YSKL Salvadorian Radio Company.
• Object of complaint: Ministry of Labour and Social Security and Employers.
• Complaint: Allowing psychological pressure against Cristina Torres Prezo who,
• after being dismissed, committed suicide.
• Observations: 2. CRISTINA TORRES PREZO- STISSS.
• The Ministry did not intervene at all in the case of the worker in question;
• even less did it authorise or exercise psychological pressure so that she
• would be dismissed from her job.
  3. 3 Date: 22 September 1987.
• Organisation: PEZCA S.A. Union.
• Author of complaint: YSKL Salvadorian Radio Company.
• Object of complaint: Ministry of Labour and Social Affairs and Employers.
• Complaint: Threats against 100 workers of losing their jobs. Owners are
• dismantling the machines and equipment in order not to reach an agreement with
• the union on the labour dispute.
• Observations: 3. SEVERAL FISHING COMPANIES ADMINISTEREO BY PEZCA S.A.
• The General Trade Union of Workers in the Fishing Industry and Affiliated
• Activities submitted a petition alleging that the companies Frutos del Océano,
• Pesquera del Mar Mariscos San Simón and Productos Cocinados del Mar,
• administered by Pezca S.A. negotiated a collective agreement with Pezca S.A.
• without fulfilling the requirements laid down by law, since most of the
• workers belong to the aforementioned trade union. At a later date, this trade
• union submitted another written complaint stating that the employers had
• indicated that they wanted to remove production maintenance machines and
• equipment, acting on instructions from the operations manager of Pezca S.A.:
• they also claimed to be changing their operational bases - both as regards
• vessels and the plant - in order to thwart the workers who were holding a
• legal strike. In addition, 42 workers were dismissed without compensation. At
• a meeting attended by both parties, the trade union emphasised that in order
• to reach a solution to the labour problem. the agreement must be global to
• incorporate both Pezca S.A. and the companies engaged in fishing and capturing
• marine species which are governed by the administrative policies of Pezca
• S.A.: in exchange for this, the trade union would refrain from collective
• disputes of an economic nature - on condition that within the global agreement
• there would be a commitment to revise the collective agreement on 1 December
  1988. 1988 For its part, the company replied that the trade union had not concluded
• a collective agreement with any of the companies.
  4. 4 Date: 9 October 1987.
• Organisation: Union of the Etiquetas y Elásticos factory.
• Author of complaint: YSKL Salvadorian Radio Company.
• Object of complaint: Ministry of Labour and Social Affairs and Employers.
• Complaint: The factory was closed in order to destroy the union, leaving 75
• workers unemployed.
• Observations: 4. ETIQUETAS Y ELASTICOS, S.A.
• The conflict started in April 1987 after the company had dismissed several
• trade union officials on the grounds that there was overproduction. Given this
• situation, there were various conciliatory meetings between the company and
• the workers, which led to the following agreement: the company compensated 75
• workers with the equivalent of 60 per cent (of their wages) including the
• trade union officials, whose trade union rights were not recognised;
• furthermore, they were not paid for the days they had not worked during the
• month of September 1987; 236,597.16 colones were allocated for this purpose
• and the workplace was closed down and reopened in another place with a
• different name.
  5. 5 Date: November 1987.
• Organisation: STITAS - Mike Microphones factory.
• Author of complaint: UNTS.
• Object of complaint: Ministry of Labour and Social Security.
• Complaint: The UNTS trade union was declared illegal.
• Observations: 5. CASE - MIKE-MIKE AND TME TRADE UNION OF WORKERS IN THE
• COTTON, SYNTHETICS, FINISHED FABRICS AND AFFILIATEO INDUSTRIES (INDICATO DE
• TRABAJADORES OE LA INDUSTRIA TEXTIL DE ALGODON, SINTETICOS, ACABADOS TEXTILES
• SIMILARES Y CONEXOS).
• A subsection, Mike-Mike, of the abovementioned trade union was set up within
• the undertaking; it was rejected by the undertaking on the grounds that its
• industrial activities had nothing whatsoever to do with textiles or similar
• products but with the leather industry and leather substitutes. The National
• Oepartment of Social Organisations, which regulates trade union activities,
• carried out an inspection of the company so as to have a clear idea of the
• allegation made. It noted that the company was involved in the manufacture of
• wallets, briefcases, suitcases, etc., and used various raw materials - i.e.
• combined leather products and leather substitutes - in its production process;
• similarly, it was established that on the basis of the International Standard
• Industrial Classification of all Economic Activities, published by the ILO,
• the Mike-Mike company is classified as belonging to the leather manufacturing
• industry producing leather goods, leather substitutes and skins. Previously,
• the Oepartmental Office of San Salvador (under the Ministry of the Interior)
• issued a licence to operate to the company in question, classifying it as a
• factory producing leather articles. On the basis of the abovementioned
• findings of the National Department of Social Organisations of this Ministry,
• it was decided to cancel the registration of the subsection in question, since
• it had been registered before being refuted by the enterprise.
  6. 6 Date: November 1987.
• Organisation: Multipesca S.A. (La Unión).
• Author of complaint: UNTS.
• Object of complaint: Government forces, Ministry of Labour and Social Affairs,
• Employers.
• Complaint: The company suspended operations. The workers refused to leave the
• company. Militarisation, death threats, workers declared an illegal strike.
• Observations: 6. MULTIPESCA, S.A.
• The trade union of the fishing industry stopped work because of a lack of
• supplies of raw materials, requesting the company to pay its workers the
• salaries that had accrued during the time work was stopped; for its part, the
• company stated its intention not to take the economic measures needed to meet
• the trade union's demands because it had not received raw materials to process
• prawns. Since that time, no agreement has been reached between the parties.
  7. 7 Date: 9 December 1987
• Organisation: Workers of the cement factory Maya.
• Author of complaint: TV 12 and YSKL Salvadorian Radio and Television
• Companies.
• Object of complaint: Ministry of Labour and Social Affairs and Employers.
• Complaint: Authorisation to dismiss two union leaders and closing of the
• business, leaving 56 workers unemployed. Union office closed.
• Observations: 7. CEMENTO MAYA S.A.
• The trade union of cement workers of El Salvador, subsection of the Maya
• Cement Factory, submitted a complaint against the Maya Cement Factory S.A. on
• the following grounds: dismissal of the worker RICARDO ANTONIO FIGUERCA
• MEDRANO and the withholding of wages and Christmas bonus ofthe worker LUIS
• ANGEL DIAZ. A jointmeeting was arranged at the company with Manuel Herrera
• Batres, Daniel Peraza Díaz and Jorge Ernesto Cruz Tejada, judicial and
• extrajudicial representatives of the organisation in question. No agreement
• was reached. They considered that the company, with its negative attitude, was
• deceiving the Ministry of Labour, since it apparently gave the impression that
• the problems had already been solved; this is far from certain, for which
• reason the trade union organisation will look for its own ways to reach a
• solution.
  8. 8 Date: 11 December 1987.
• Organisation: INPEP Union.
• Author of complaint: YSKL Salvadorian Radio Company.
• Object of complaint: Ministry of Labour and Social Affairs, Employers.
• Complaint: Authorisation to threaten the union because of its support for the
• work stoppage.
• Observations: 8. SETTING UP OF THE INPEP WORKERS- UNION.
  6. On 6 February 1987, the Ministry of Labour and Social Affairs issued a
• resolution in which it refused to grant legal personality to the trade union
• of workers of the National Institute of Public of Employees' Pensions, on the
• grounds that the trade union was set up by 324 persons, of whom 304 were
• appointed in posts regulated by the INPEF Salaries Act; furthermore, employees
• of independent public bodies appointed under the Salaries Act and those
• recruited to carry out occupational or technical services are not subject to
• labour legislation, in accordance with section 2(2) of the Labour Code.
• Finally, it pointed out that the request for legal personality was ill-timed,
• in other words submitted 60 days after the union had been set up, thereby
• infringing section 219(3) of the above-mentioned legislation.
  9. 9 Date: 18 December 1987.
• Organisation: Workers of COPINAP.
• Author of complaint: YSKL Salvadorian Radio Company.
• Object of complaint: Ministry of Labour and Social Affairs and Employers.
• Complaint: Authorisation of threats of dismissal of 100 workers for "supposed"
• lack of raw materials, when negotiation of the collective agreement had ended.
• Twenty-two workers have already been dismissed.
• Observations: 9. COPINAP, S.A.
• A conciliatory labour agreement was reached between the COPINAP company and
• the subsection of the National Trade Union of Commercial Workers (of the
• COPINAP company): in this agreement, the CDPINAP company acknowledged that
• there was a surplus of staff, a situation that was having economic
• repercussions; to avoid the suspension of individual labour contracts, both
• parties to the agreement decided on the following: that the company would
• compensate, in accordance with the law, 40 of its workers, of whom 18 would be
• amongst the managerial staff - not belonging to the trade union - and 22
• working in the sector belonging to the trade union. The cost of this
• compensation amounted to 148,470 colones and 93 centavos.