Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 297, Mars 1995

A. Previous examination of the case

1. 137. The Committee has, since 1991, examined these cases of the violation of trade union rights in Peru (Cases Nos. 1527, 1541 and 1598) presented by the FNTMMSP, the CGTP and the WCOTP concerning, in particular, allegations of killings, disappearances, detentions, physical ill-treatment and torture of various leaders and trade unionists, repression of demonstrators, ransacking of union premises and violation of trade union rights.
2. 138. The cases were communicated to the Government as and when they were received. The Government has sent a number of comments on some of the allegations presented.
3. 139. The Committee examined Cases Nos. 1527 and 1541 at its meeting in May 1991 in which it made interim conclusions (see 278th Report, paras. 221-241 and 242-258, respectively, approved by the Governing Body at its 250th Session (May-June 1991)). The Committee has examined Case No. 1598 on a number of occasions, the last being in May 1993, in which it submitted an interim report to the Governing Body (see the 287th Report, paras. 392-407, approved by the Governing Body at its 256th Session (May 1993)). In all of these interim reports, the Committee urged the Government to provide information on the remaining allegations made by the complainants.
4. 140. Peru has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

B. Summary of the allegations and the Government's replies

• (i) The death of trade unionists
  141. 141 The National Federation of Miners, Metalworkers and Steelworkers of Peru (FNTMMSP) and the General Confederation of Peruvian Worker's (CGTP) have denounced the killings since 1988 of various trade union leaders and activists in the mining, metalworking, steelworking and other sectors, who are indicated by name in the allegations (see appended list).
  142. 142 In its communications on 23 June and 24 August 1993 and 23 November 1994, the Government indicates that the trade union leader Manuel Guerrero Villegas, according to the version of the facts presented by his work colleagues, was abducted on 8 October 1989 by unidentified individuals, and was found the next day floating in the sea at the "Playa Hermosa", however, it had not proved possible to identify the perpetrators of the killing; the death of the trade union leader Víctor López Oviedo was accidental, and the miners Seferino Requis and Timoteo Caparachín were killed by delinquent terrorists. With reference to the other mineworkers in question, the Government stated that, according to the information received, they had not been interfered with or detained, neither had it been possible to obtain more information about them because the names of the persons who had allegedly been killed were incomplete.
  143. 143 With respect to the killing of the trade union leader Alcides Palomino Aronés the Government stated, in its communication of 24 August 1993, that he had been the victim of delinquent terrorists who had broken into his home on 9 December 1989 and shot him in the head.
  144. 144 The World Confederation of Organizations of the Teaching Profession (WCOTP) alleged that, during a strike in 1991, seven teachers were detained by the army on 17 May 1991 in the Province of Ayacucho, and that the bodies of five of them were subsequently found in a mass grave. The WCOTP also denounced the killing in the Province of Pucara, Puno, of the teachers Porfirio Suni (13 May 1991), Pablo Mamani Marchena and Germán Maceda (24 May 1991). Furthermore, the complainants alleged that the teacher Nicholás Lavajo López had been thrown from a helicopter (see annex).
  145. 145 With respect to the seven arrested teachers, five of whose bodies had been found in a mass grave, the Government stated in its communication of 24 August 1993 that, in view of the extent of the accusation it was requesting the complainants to provide the names of the trade union leaders that reportedly had been killed, so as to be able to investigate, judge and punish the guilty parties. In its communication of 3 October 1994, the Government stated that, according to the investigations that had been carried out, there was no prior occurrences of detention of the teachers Porfirio Suni, Pablo Mamani Marchena and Germán Maceda, but that nevertheless a request had been made to the appropriate regional police to provide more information which will be forwarded as soon as it is received.
• (ii) The disappearance of trade unionists
  146. 146 The CGTP denounced the disappearance of the leaders of the Federation of University Teachers, Javier Alcarón G. (in December 1989) and José Luis Aznarán (in October 1989) by state security forces. The WCOTP also denounced the disappearance of the teachers Luis Torres Camilo in the Province of Ucayali-Pucallpa and Leopoldo Navarro Diáz.
  147. 147 In its communication of 3 October 1994, the Government stated that José Luis Aznarán was detained for terrorism on 3 April 1987 and released on 27 July 1987, and that no detention had been registered subsequent to that date. As concerns Leopoldo Navarro Diáz, the Government stated in its communication of 10 January 1994 that, on the one hand, the results of the investigation that had been carried out showed that there was no record of any prior detention or indictment for a crime against him and, on the other hand, that the wife of the person in question had refused to cooperate with the National Police in the clarification of his alleged disappearance. In its communication of 3 February 1995, the Government indicated that the teacher Luis Torrés Camilo is occupying the post of Director of the National School "Nueva Esperanza" in the Nuevo Requema district in the Province of Coronel Portilla.
• (iii) The detention of trade unionists
  148. 148 The FNTMMSP alleged the detention and illegal imprisonment of ten mineworkers at the Marcavalle Military Base who were then released in November 1990 with the exception of the trade unionist Martín Mucha Aliaga against whom there was a penal charge. Likewise the WCOTP alleged that the teacher Marcelino Ramírez Pezo had been handed over to the special police in May 1991 for matters related to subversive elements, and that the trade union leader José Ramos Bosmediano had been arrested on suspicion of disturbing the peace.
  149. 149 In its communication of 23 November 1994, the Government indicated that Martín Mucha Aliaga had declared in a deposition (a copy of which was sent by the Government) that he had not been arrested by the armed forces in 1990 and that he was unable to name any other persons held in detention. In its communication of 15 November 1993, the Government stated that Marcelino Ramírez Pezo was free but that his whereabouts were unknown, and that proceedings had been taken against him for disturbing the peace, with a summons to appear having been issued against him. Furthermore, the High Court of Huanaco had decided to add terrorism to the charges. In its communication of 12 October 1993, the Government stated that proceedings for disturbing the peace had been instituted against José Ramos Bosmediano who was currently free. Since 25 June 1993, the proceedings were pending a final judgement.
• (iv) Physical ill-treatment and torture of trade union leaders
  150. 150 The FNTMMSP alleged that its president Víctor Taipe Zúñiga had been arrested and subjected to physical ill-treatment and torture on 20 November 1989 having been found in prison with marks of physical ill-treatment. Similarly the CGTP made allegations of the ill-treatment suffered by the trade union leader Saturnino Calapuja Salazar who, after having been abducted by what was presumed to be a paramilitary group, was found with severe injuries some of which are irreversible.
  151. 151 In its communication of 1994, the Government denied that Víctor Taipe had been arrested by the forces of law and order.
• (v) Repression of demonstrators and ransacking of trade union premises
  152. 152 The CGTP denounced the attacks that had taken place on 4 January 1989 by the police force against the trade union of the Peruvian Telephone Company and the arrest of three of its leaders. The CGTP also denounced the bullet wounds that had occurred during a trade union demonstration by the state workers who were on strike on 8 February 1989.
  153. 153 In its communication of 24 August 1993, the Government denied that such actions had occurred, and argued that the police had merely dispersed a large number of demonstrators from this company who were blocking the movement of traffic and that, for this reason, they had arrested eight persons who were brought before the 6th Commissariat accused of disturbing the peace. The Government stated that, on 7 February 1989, the police broke up a group of demonstrators who were making a violent and aggressive attempt to gain access to the Plaza Bolivar and the seat of the Congress of the Republic.
  154. 154 The CGTP also alleged that the police had violently intervened in a meeting of the Construction Workers Federation on 8 July 1989, which resulted in the death of one worker and four bullet wounds; it also alleged that on 1 August 1989, the police broke up a demonstration march of striking doctors, resulting in three gunshot wounds.
  155. 155 In its communication of 24 August 1993, the Government stated that on 6 July 1989, a group of workers from the above-mentioned organization were causing an incident on the public highway in front of the premises in question, confronting the police, throwing explosive devices and bringing about serious injuries to one of the policeman and also to the worker Hernando Mamani Romero.
• (vi) Violation of trade union rights
  156. 156 The FNTMMSP alleged that the Peruvian National Mining and Petroleum Company refused to discuss and negotiate a national list of demands put forward by this Federation on a number of occasions, the first being in 1988.
  157. 157 In its communication of 23 June 1993, the Government stated that, on the one hand, it had not been possible to find out what had been the final outcome of the petitions for the protection of their constitutional rights (amparos) introduced in 1989 by a number of employers in order to refrain from collective bargaining and, on the other hand, article 44 paragraph (b) of Legislative Decree No. 25593 promulgated in 1992 provides a guarantee of the right to collective bargaining by branch of economic activity.
  158. 158 The CGTP, in turn, denounced the suspension of the right of assembly in mining centres and the declaration that a strike convened by the Mining Federation at the mining premises of La Oroya on 7 November 1989 was illegal.

C. The Committee's conclusions

1. 159. The Committee expresses its most profound dismay that, in view of the extremely serious nature of the allegations which date back as far as 1988 and which relate to such deplorable actions as killings, disappearances, arrests, physical ill-treatment and torture of trade union leaders and members, the repression of demonstrations and the ransacking of trade union premises, the Government has not submitted any detailed and precise information on the majority of these, or has done so in an incomplete and imprecise manner.
2. 160. As far as the allegations of the killing of trade unionists are concerned, the Committee takes note of the comments of the Government according to which the trade union leader Manuel Guerrero Villegas was abducted by unidentified persons, the miners Seferino Requis and Timoteo Caparachín together with the trade union leader Alcides Palomino Aronés were killed by terrorists, the death of the trade union leader Víctor Lopéz Oviedo was accidental and that there are no records of the arrest of the teachers Porfirio Suni, Pablo Mamani Marchena and Germán Maceda.
3. 161. The Committee once again notes that a climate of violence which gives rise to the killing or the disappearance of trade union leaders constitutes a severe obstacle to the exercise of trade union rights; such actions call for severe measures on the part of the authorities, such as the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which killings such as these occurred, and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events (see the 236th Report, Case No. 1192 (Philippines), para. 299).
4. 162. The Committee deeply deplores that, in spite of the considerable time that has passed (six years), the competent authorities have not been able, on the one hand, to identify the perpetrators of the killings of the trade union leaders Manuel Guerrero Villegas, Seferino Requis, Timoteo Caparachín, César Alcides Palomino Aronés and Víctor Lopéz Oviedo and, on the other hand, they have provided no information on the deaths of the other 23 trade union leaders mentioned in the complaint. Under such circumstances, the Committee once again insists in the strongest terms that the Government institute inquiries without delay into the deaths of the other trade unionists and that it keep the Committee informed of the results of these inquiries. The Committee recalls that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, which is extremely damaging to the exercise of trade union rights (see 291st Report, Cases Nos. 1273, 1441, 1494 and 1524 (El Salvador), para. 241, and 292nd Report, Cases Nos. 1434 and 1477 (Colombia), para. 255).
5. 163. With respect to the allegations concerning the detention by the armed forces of seven teachers, five of whose bodies were subsequently found in a mass grave, the Committee notes that, in spite of the long time that has gone by, the complainant has not provided the names of the trade union leaders referred to in the allegations required to conclude this matter.
6. 164. With regard to the disappearance of a number of trade union leaders, the Committee for the time being notes that, according to the Government, the trade union leader José Luiz Aznarán was arrested for terrorism and released four months afterwards and that there was no record of any detentions subsequent to that date, and that, as far as the teacher Leopoldo Navarro Diáz was concerned, according to the investigations carried out, there were no reports of his arrest or prosecution for any crime, while the teacher Luis Torrés Camilo is occupying the post of Director of the National School "Nueva Esperanza" in the Nuevo Requema district in the Province of Coronel Portilla. It deplores the fact that, in spite of the long time that has gone by (five years), the Government has not been able to clarify the disappearance of Javier Alarcón. The Committee insists that the Government conduct judicial inquiries without delay into the disappearance of these trade unionists and that it keep the Committee informed of the results of these inquiries.
7. 165. With regard to the arrest and illegal imprisonment at the Marcavalle Military Base of ten mineworkers who had then been freed on November 1990, with the exception of the trade unionist Martin Mucha Aliaga, the Committee takes note that, according to the Government, Martin Mucha Aliaga has testified that he had not been arrested in 1990 by the armed forces and that he could not name any other persons who had been arrested. As concerns the detention of the teachers Marcelino Ramírez Pezo and José Ramos Bosmediano, the Committee takes note of the information provided by the Government that Marcelino Ramírez Pezo is free but that his whereabouts are unknown, that proceedings have been taken against him for disturbing the peace, a warrant has been issued for him to present himself, and that the Higher Court of Huanaco has decided to extend the proceedings to the charge of terrorism. With regard to José Ramos Bosmediano, the Committee takes note for the time being of the comments made by the Government that proceedings are being taken on the charge of disturbing the peace, that he is currently free and that since 25 June 1993 proceedings were pending appeal of the judgement, and requests the Government to provide it with information as early as possible on the developments concerning the proceedings under way and their outcome.
8. 166. With respect to the arrest, physical ill-treatment and torture of Víctor Taipe, President of the FNTMMSP, and the trade union leader Saturnino Calapuja Salazar, the Committee deplores the fact that, in spite of the long time that has gone by, the Government has restricted itself to replying merely that Víctor Taipe had not been arrested by the armed forces and that no reference had been made to the trade unionist Saturnino Calapuja Salazar. The Committee calls attention once again to the fact that governments should issue the necessary instructions that no person arrested should be the subject of ill-treatment, and should impose effective sanctions where cases of ill-treatment are found. Likewise, the Committee underlines the importance that should be attached to the principle laid down in the International Covenant on Civil and Political Rights, according to which all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person (see Digest, op. cit., paras. 84 and 86 respectively). The Committee once again strongly urges the Government to institute an independent judicial inquiry into the serious facts that have been alleged in order to determine the responsibilities, punish those who are guilty and prevent a repetition of such actions, and to keep the Committee informed on the outcome of such inquiries.
9. 167. With respect to the attacks by the police against the trade union of the Peruvian Telephone Company and the arrest of three of the union's leaders, the Committee notes that, according to the Government, they were blocking the movement of vehicles. The Committee requests the Government to keep it informed on the current situation of the trade unionists being held in detention. In relation to the bullet wounds that had occurred during a trade union demonstration of state workers who were on strike, the Committee notes that, according to the Government, these strikers were attempting to enter the headquarters of the Congress violently and aggressively. The Committee regrets that the Government has not provided more details about the bullet wounds, and requests it to immediately open an inquiry about the bullet wounds and to keep it informed about the results of this inquiry.
10. 168. With regard to the violent intervention of the police at a meeting of the Federation of Construction Workers, resulting in the death of one worker and in four others receiving bullet wounds, and the police repression of a march by doctors who were on strike, resulting in three persons receiving gunshot wounds, the Committee deplores that the Government, in spite of the gravity of the accusations and the long time that has gone by, has replied in a general manner without referring to the allegations concerning the dead worker and the seven wounded persons. The Committee once again brings to the attention of the Government the fact that the authorities should resort to the use of force only in situations where law and order is seriously threatened (see in this respect Digest, op. cit., para. 431). Similarly, the Committee is of the opinion that the intervention of the forces of law and order should be in due proportion to the danger to law and order that it is attempting to control, and that governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace. The Committee once again urges the Government to institute without delay an inquiry into these deplorable events and to keep it informed about the matter.
11. 169. With respect to the final outcome of the petitions for protection of their constitutional rights (amparos) submitted by the employers in order to refrain from negotiating the national list of demands submitted on a number of occasions by the FNTMMSP, the Committee, on the one hand, regrets that the Government has not been able to discover the outcome of these petitions in spite of the fact that they have been proceeding since 1989, and, on the other hand, notes that article 44 paragraph (b) of Legislative Decree No. 25593, promulgated in 1992 guarantees the right to voluntary collective bargaining by branch of economic activity. The Committee reminds the Government that it has ratified Convention No. 98, Article 4 of which requires that adequate measures shall be taken to encourage and promote the full development and utilization of machinery for voluntary negotiations between employers' and workers' organizations with a view to the regulation of terms and conditions of employment by means of collective agreements. In these circumstances, the Committee urges the Government to facilitate and promote the practice of voluntary collective bargaining, in particular in the mining sector, and to inform the Committee of the result of the final ruling on the petitions for protection of their constitutional rights submitted by the employers on this matter.
12. 170. With regard to the allegations concerning the suspension of the right of assembly in mining centres and the fact that a strike called by the Mining Federation had been declared illegal, the Committee regrets that the Government has not replied. The Committee calls the attention of the Government to the principles under which the right to organize trade union meetings is an essential aspect of trade union rights and that measures taken by the authorities to ensure observance of the law should not, therefore, prevent trade unions from organizing meetings during labour disputes, and that the right to strike for workers and their organizations is one of the essential means they have to promote and defend their occupational interests (see Digest, op. cit. paras. 169 and 363 respectively). The Committee requests the Government to take the necessary measures to ensure that in the future the workers in the mining centres can exercise their right to assembly without hindrance, and that it bear in mind the above-mentioned principle of the right to strike.

Annex

1. Trade union leaders and militants who have been killed
2. Trade unionist Date of
3. miner: killing:
4. (Cases Nos. 1527 and 1541)
5. 1. Macario Egoavil Casapalca 01.05.88
6. 2. Francisca Quispe de Gaspar Austria Duvaz 21.07.88
7. 3. Oscar Común Huamancaja Tamboraque 10.08.88
8. 4. Florencio Coronel Netalúrgicos-La Oroya 17.10.88
9. 5. Alejandro Patiño Morococha 18.10.88
10. 6. Victor López Oviedo Toquepala 01.12.88
11. 7. Seferino Requis Pasco-Centromin Perú 02.03.89
12. 8. Hugo Alderete Yauricocha-Centromín 23.03.89
13. Perú
14. 9. Juan Salinas Chumpe-Centromín Perú 23.03.89
15. 10. Oscar Torres Chumpe-Centromín Perú 23.03.89
16. 11. Antonio Cajachagua Morococha-Centromín 18.05.89
17. Perú
18. 12. Evaristo Clemente Yauricocha-Centromín 18.05.89
19. Perú
20. 13. Santiago Lizana Acha Julcani 08.10.89
21. 14. Manuel Guerrero Villegas Hierro Perú 09.10.89
22. 15. Alberto García Pariona Morochocha-Centromín 26.10.89
23. 16. Timoteo Caparachín San Vicente de 05.11.89
24. Chanchamayo
25. 17. Paul Valenzuela Pasco-Centromín Perú 10.11.89
26. 18. Alcides Palomino Aronés Ayacucho Farming 10.89
27. Federation
28. 19. Enrique Castilla Textile Union leader
29. (Case No. 1598)
30. 1. Porfirio Suni Puno, Province of Pucara 13.05.91
31. 2. Pablo Mamani Marchena Puno, Province of Pucara 24.05.91
32. 3. Germán Maceda Puno, Province of Pucara 24.05.91
33. 4. Nicolás Lavajo López (Thrown from a helicopter)