Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 299, Juin 1995

1. 383. The complaint in this case is contained in a communication from the International Confederation of Free Trade Unions (ICFTU) dated 17 November 1994. The Government sent its observations in a communication dated 5 April 1995.
2. 384. 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).

A. The complainant's allegations

1. 385. In its communication dated 17 November 1994 the ICFTU alleges that on 11 November 1994 a group of workers from the Civil Construction Workers' Union arrived for an appointment with the President of the Callao Development Corporation (CORDECALLAO) to demand respect for their labour rights, as they had been denied their statutory wages and social benefits. The ICFTU adds that the Corporation's management refused to see the workers' delegation and that, on orders from within the plant, they were attacked by CORDECALLAO security forces. As a result of the attack, trade unionists Alipio Chauca de la Cruz and Juan Marcos Donayre Cisneros were murdered, 11 workers were seriously injured and six were unlawfully detained.

B. The Government's reply

1. 386. In its communication dated 5 April 1995, the Government states that, as shown in the report issued by the Ministry of the Interior, on 27 October 1994 the Civil Construction Workers' Union of the constitutional province of Callao sent a letter to the President of CORDECALLAO'S board of directors requesting a meeting to discuss a range of matters concerning construction sites financed by the Corporation. It stated that, at the Union's most recent General Assembly, it had been decided that it would renew its request for dialogue and that, if it were turned down, the Union's executive committee would be authorized to call a mass gathering at the CORDECALLAO plant. This decision was communicated to the general management of the Corporation on 4 November 1994. In response to the request, the General Secretary of CORDECALLAO sent the Union a letter dated 10 November 1994 convening a coordinating meeting on Friday, 11 November 1994, to be held at the offices of the CORDECALLAO general management.
2. 387. The Government adds that, on the day of the meeting, the Callao civil construction workers were informed by the plant's security staff that the officials they were scheduled to meet were not in their offices. The information was misinterpreted by the workers who, massed outside the plant, thinking they were not going to be seen and urged on by "agitators", began to protest and try to enter the Corporation's premises by force, thus causing material damage. In the circumstances, the security staff felt they had no choice but to use their firearms; firing first into the air and then into the crowd, they killed two and injured seven workers. A number of other workers were arrested. The National Police were immediately informed of the incident and went to the CORDECALLAO plant, where they were able to restore order after having talked with the union leaders.
3. 388. The Government reports that the death of Juan Marcos Donayre Cisneros and Alipio Chauca de la Cruz was the result of disturbances caused by workers; they were shot by private security staff of the Compañía Real S.A., which works for CORDECALLAO. At the instigation of the public prosecutor of Callao province, the Sixth Criminal Court of Callao has initiated proceedings against three private security guards who are thought to be responsible for the workers' deaths and injuries.
4. 389. With regard to the detention of Félix Castillo Pérez, Eli Pando Malpartida, Antonio Yupanqui Oré, José Palacios Huamanchuco, Felipe Gutiérrez Cárdenas and Julio Camacho Díaz, the Government states that these workers were detained on specific charges of a breach of the peace, which is a criminal offence and punishable under section 315 of the Penal Code in force (public order offence), and that they were turned over to the State Security Division for investigation. This in no way constitutes a restriction on the exercise of trade union rights. In the case in hand, the workers failed to stay within the law, since they disturbed public order and, particularly, because it is clear from the tone of the letter sent by the trade union that they were ready to cause trouble. (The letter states that the trade union had on more than one occasion requested a formal meeting to discuss various problems arising at construction sites financed by CORDECALLAO, and to try and reach an agreement giving unemployed workers from the Callao union priority, or most of the jobs, on CORDECALLAO worksites. It also suggested that priority should be given to development works in Callao's poorest areas. At the most recent General Assembly, the union's members agreed once again to request a dialogue and that, if the request was turned down, the executive committee would be authorized to call a mass gathering at the CORDECALLAO plant in order to draw attention to the situation at the construction sites.)
5. 390. As to the injured workers, César Aldunate Nolberto, Samuel Mendoza Cachari, Faustino Gonzales Fabrián, Segundo Aguilar Anaya, Segundo Castro Davi, Joel Ortega Osorio and Rafael Contreras Jorge were treated by medical staff.
6. 391. The Government points out that CORDECALLAO has no contractual employment relationship with any civil construction workers and that it has no legal authority to compel contracting enterprises to fill empty posts with workers who are members of a specific trade union.
7. 392. The Government states that trade union organizations should be requested to exhaust national jurisdictional channels to protect their rights. Finally, the Government deplores the position adopted by the Callao Civil Construction Workers' Union and reports that the CORDECALLAO workers and some of the directors of colleges near to where the disturbances took place have endorsed this proposal.

C. The Committee's conclusions

1. 393. The Committee observes that the allegations concern the death of two trade union members, serious injuries to 11 workers and the detention of six workers, all of who had arrived for an appointment with representatives of the management of the Callao Development Corporation (CORDECALLAO) who failed to attend the meeting.
2. 394. With regard to the acts of violence, the Committee notes the Government's statement that: (1) the letter from the union requesting the meeting with the CORDECALLAO management pointed out that previous requests for meetings had gone unheeded, and the tone of the letter was menacing; (2) on the day of the meeting, following a misinterpretation of the information given by CORDECALLAO security guards to the effect that the persons who were supposed to attend the meeting were not in their offices, the workers, urged on by agitators, tried to enter the premises by force, thus causing material damage; (3) the security staff felt they had no choice but to use firearms, which led to the death of two workers and injuries to seven others; (4) the police restored public order after talking with trade union leaders; (5) judicial investigations have been initiated and have led to charges against three CORDECALLAO guards who are thought to be responsible for the deaths and injuries to workers; and (6) six workers were arrested and charged with a breach of the peace (a public order offence).
3. 395. While deeply regretting the deaths of trade unionists Alipio Chauca de la Cruz and Juan Marcos Donayre Cisneros, the serious injuries sustained by several workers (11 according to the complainant organization and seven according to the Government), the Committee notes that the complainant organization and the Government give different versions of the violent incidents that took place. Be that as it may, the Committee deplores the action of the CORDECALLAO security guards which resulted in the death of two trade unionists and in injuries to several workers. Noting that a judicial investigation is under way, the Committee insists that the investigation fully ascertain the facts, determine responsibilities and punish the guilty parties. The Committee requests the Government to keep it informed of the outcome of the judicial investigation under way.
4. 396. With regard to the detention of six workers following the disturbances, the Committee notes that, according to the Government, Félix Castillo Pérez, Eli Pando Malpartida, Antonio Yupanqui Oré, José Palacios Huamanchuco, Felipe Gutiérrez Cárdenas and Julio Camacho Díaz were detained and charged with a breach of the peace (section 315 of the Penal Code). In view of the different versions given by the complainant organization (alleging that the workers were unlawfully detained) and the Government (claiming that they had committed offences), the Committee trusts that the judicial proceedings will be concluded rapidly and that the workers still in detention will be immediately released in the event that they were detained for exercising legitimate trade union activities.