Rapport intérimaire - Rapport No. 358, Novembre 2010

1. 724. The complaint is contained in a communication of the Sole Union of Workers of the Construction and Related Industries (SUNTRACS) and the Independent National Confederation of Labour Union Unity (CONUSI) of March 2009. SUNTRACS and CONUSI submitted additional information in a communication of 28 April 2010. The Building and Wood Workers’ International (BWI) associated itself with the complaint in a communication of 27 May 2010.
2. 725. The Government sent partial observations in communications of 21 September 2009 and 12 April 2010.
3. 726. Panama has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

1. 727. In their communications of March 2009 and 28 April 2010, SUNTRACS and CONUSI allege murders, assaults and acts of violence against trade union officials and members and mass detentions of protestors against a background of grave anti-union persecution in Panama, as well as violations of the right to collective bargaining, the establishment of a trade union by an enterprise and anti-union dismissals.
   • Acts of violence
2. 728. The complainant organizations allege that, on Saturday, 11 August 2007, building workers belonging to SUNTRACS began strike action affecting the construction of the Panama–Colón highway, a project being run by the enterprise Construtora Norberto Odebrecht SA. The authorities were unable to guarantee the workers’ right to strike, with the latter being prevented from entering the enterprise’s premises and then being attacked by hired thugs claiming to be officials of the trade union controlled by the enterprise.
3. 729. The complainant organizations add that, on 13 August 2007, thugs hired by the enterprise physically and verbally abused the workers and members of the executive committee of SUNTRACS while they were picketing the enterprise’s installations. The sub-secretary for monitoring of the executive committee of SUNTRACS, Mr David Niño, and Mr Adamson Ronald, the secretary for occupational safety and health of CONUSI, were injured as a result of this harassment. Moreover, Yamir Córdoba, Luis González (both members of the executive committee of SUNTRACS) and Mr Eustaquio Méndez (secretary for finances of CONUSI) were physically attacked.
4. 730. The complainant organizations allege that, on 14 August 2008, approximately 200 members of SUNTRACS, including trade union representatives and members of the executive committees of CONUSI and SUNTRACS, were again making their way towards the Panama–Colón highway construction site with the aim of protesting peacefully against the attacks carried out on the abovementioned trade union officials. Between 7 a.m. and 9 a.m., hired thugs and common criminals armed with guns and in the pay of the enterprise attempted to murder SUNTRACS and CONUSI officials. Shots were fired from within the building site at the demonstrators who were protesting peacefully in front of the enterprise’s installations. As a consequence, trade union official and SUNTRACS member, Mr Osvaldo Lorenzo Pérez was killed and trade union officials José de los Santos Castillo Ceballos and Carlos Dimas Colindres Covilia were injured. The complainant organizations state that these events took place in the presence of members of the national police force, who remained suspiciously inactive thus allowing the hired thugs to carry out these criminal acts against the SUNTRACS and CONUSI members. SUNTRACS launched criminal proceedings in order to identify the authors and perpetrators of the murder of the trade union official Mr Osvaldo Lorenzo Pérez. However, almost two years after the event the case remains unsolved. The complainant organizations believe that a climate of impunity and complicity on the part of the State exists with regards these events.
5. 731. The complainant organizations state that, on 12 June 2007, SUNTRACS issued a public statement concerning the use of hired thugs as a part of the Isla Viveros project. Worker members of SUNTRACS consequently announced that they would carry out work stoppages and demonstrations against non-compliance with labour laws, precarious working, health and safety conditions and anti-union practices. As a result of the protests, trade union official Mr Luiyi Antonio Argüelles Moya was shot and killed by Sergeant Manuel Moreno of the Panamanian national police force on Isla Viveros on 16 August 2007. On the same day, trade union official and SUNTRACS press and communications secretary, Mr Raimundo Garcés, was arrested.
6. 732. The complainants state that trade union official Mr Argüelles Moya was murdered two days after the killing of Mr Osvaldo Lorenzo took place, but that, rather than investigating the complainants, the Government stated that SUNTRACS was the main party responsible for the events. SUNTRACS instituted criminal proceedings against Sergeant Manuel Moreno, the director of the national police force, the enterprise Maqtec SA and the mayoress of the judicial municipality, for the crime of homicide and breach of collective security. However, the complaint only pointed the finger of blame at Sergeant Moreno, exonerating the rest of those concerned. Almost two years have passed since the proceedings were launched but no sentence has been passed. The case is still pending before the Second High Court of the Judicial District of Panama, with no date as yet having been set for a hearing. The complainant organizations consider that the investigation process was carried out in a climate of absolute impunity, with the state apparatus taking the side of those presumed responsible.
7. 733. The complainant organizations state that, on 12 February 2008, the workers of SUNTRACS carried out a national strike against the rise in the cost of living and in favour of the approval of a safety and health regulation in the construction sector. A peaceful demonstration held by the workers in the city of Colón was brutally suppressed. Against this background a SUNTRACS trade union official, Mr Al Iromi Smith, was murdered and workers Ronaldo Pinilia and Félix de León were assaulted by members of the national police force. Mr Al Iromi Smith was a leading SUNTRACS official in Colón Province, as well as being a community leader and an active member of the student movement. He took part in various processes aimed at demanding the rights of the workers and even publicly denounced acts of political repression carried out by the Government in the media.
8. 734. The complainant organizations state that thousands of workers protested in the streets on hearing of the death of Mr Al Iromi Smith. The Government responded by arresting around 500 workers who were held at national police barracks where representatives of the Judiciary sentenced them for breach of public order. These proceedings were carried out with no regard for any rights whatsoever, violating all guarantees of due process. Fines of over US$100 were imposed on the workers (paid by SUNTRACS in order that the protestors might be freed) . The complainant organizations state that criminal proceedings were instituted against Eliseo Madrid Valdés and Miguel Ángel Pérez Ortega, members of the national police force, in the matter of the murder of trade union official Mr Al Iromi Smith. The preliminary proceedings carried out by the Third High Office of the Prosecutor of the First Judicial District of Panama are still ongoing and a number of anomalies have arisen. The complainant organizations consider that this delay, together with the faults made concerning the procedure, shows that the State has failed to ensure the right to freedom of association, given that the assaults and the murder were carried out in order to restrict the exercise of this right.
9. 735. The complainant organizations claim that, on 25 February, the national Ministry of the Economy and Finance announced that the Cabinet Council had approved a bill on tax reform which would involve the Government increasing the Goods and Services Transfer Tax from 5 to 7 per cent, alongside other measures prejudicial to the living conditions of workers and their families. On 15 March 2010, the President of the Republic of Panama proceeded to approve the Tax Reform Act. The complainant organizations allege that on 16 March construction workers belonging to SUNTRACS took part in a protest meeting in the streets of the city and handed out pamphlets to passing motorists and pedestrians. Members of the national police force, acting under the orders of the President of the Republic, proceeded to repress the demonstration for no reason whatsoever. The police used tear gas, rubber bullets and buckshot and arrested 224 individuals, including 47 SUNTRACS members. The complainant organizations state that the detainees were transferred to the main headquarters of the national police force, where they were held in overcrowded facilities with no food being provided. Furthermore, the police refused to allow anyone to bring the protestors clothes, underclothes or toiletries. The detainees were also denied access to drinking water, before being transferred to the La Joya Penitentiary Centre.
10. 736. The complainant organizations add that on 20 March, following irregular proceedings, worker members of SUNTRACS were taken before magistrates in Calidonia and Bella Vista, where fines were imposed on them without it being proved in court that they had participated in the acts of which they had been accused. Moreover, they were informed that the Auxiliary Prosecutor of the Republic would continue to investigate those SUNTRACS members who had already been sanctioned by the magistrates, meaning that they were to be judged twice for the same offence.
11. 737. The complainant organizations state that on 23 March the authorities of the Ministry of Labour and Labour Development harassed, slandered, insulted and threatened SUNTRACS members and their officials (in particular the trade union official Mr Saúl Méndez) in the press. They go on to state that in February the Government submitted a bill under which any job applicant must produce his/her police record in order to obtain a post. The complainants allege that this bill was turned into a weapon to be used against the workers and the population in general, with participation in street protests being punished by prison sentences of six months to two years. This measure was used as a means of coercion following the events which took place on 16 March 2010.
    • Violation of the right to collective bargaining, establishment of a trade union by an enterprise, anti-union dismissals
12. 738. The complainant organizations allege that the enterprise Construtora Norberto Odebrecht SA began work on a project known as the “Madden–Colón section” on 8 March 2007 and that, on 2 March 2007, the enterprise informed the Department of Social Organizations of the Ministry of Labour and Social Development that ten workers had joined a trade union established with the sole objective of legitimizing a supposed collective agreement submitted to the Ministry on 12 March 2007. According to the complainant organizations, it is clear that this alleged negotiation of a collective agreement was not carried out between the enterprise and a true trade union representation but that, in fact, the sole aim was to prevent those workers working on the construction project from exercising the collective freedoms of freedom of association and collective bargaining. The complainant organizations state that, following the signing of this false collective agreement, the enterprise required workers to join the “puppet” trade union as a prerequisite for working on the construction site. Many SUNTRACS worker members were forced to give up their membership and join the new trade union established by the enterprise. However, having obtained work and feeling that they were not represented, many workers rejoined SUNTRACS. The complainant organizations add that, in light of grave shortcomings regarding working conditions, the workers turned to SUNTRACS in order to denounce their precarious working situation, anti-union practices and the violation of the right to freedom of association. Therefore, on 2 May 2007, SUNTRACS submitted a list of demands to the enterprise Retraneq SA (a subcontractor for Odebrecht). However, as no satisfactory solution was found for the workers, SUNTRACS was obliged to call for strike action on 18 June 2007. On 23 May 2007, SUNTRACS also submitted a list of demands directly to the enterprise Odebrecht, but, owing to threats of serious reprisals and pressure placed by the enterprise on the worker members of SUNTRACS, the list was withdrawn. The complainant organizations allege that over 100 worker members of SUNTRACS were dismissed for refusing to join the trade union established by the enterprise.

B. The Government’s reply

1. 739. In its communication of 21 September 2009, the Government states that the Ministry of Labour and Labour Development carried out a far-reaching investigation which crossed the boundaries of the institution’s jurisdiction. It was difficult to obtain relevant information regarding the events in question. As a result of the investigation doubts arose regarding the veracity of the allegations made by the complainant organizations. In some cases, the facts had been deliberately distorted and completely groundless accusations made which suggested that the Government was failing to comply with the ILO Conventions ratified by Panama. The Government states that, in order to clarify the situation, the Ministry has gathered the relevant information from various state bodies regarding the issues covered by the complaint submitted by SUNTRACS. As a result, the Government reports the following:
   • – As to the allegation relating to the negotiation of a collective agreement within the enterprise Retraneq SA, Resolution No. 171-DGT-RT-07, of 31 July 2007, states that the National Construction and Drilling Industry Workers’ Union of Panama (SINTICOPP) is responsible for negotiating lists of demands. Furthermore, Retraneq SA signed an agreement regarding the Madden–Colón project, under which the Ministry of Labour and Labour Development (MITRADEL) was to mediate between SUNTRACS, SINTICOPP and the enterprise Retraneq SA. This enterprise did not take part in the negotiations carried out by MITRADEL. SUNTRACS declared that a strike would take place on 11 June 2007 targeting the enterprise Retraneq SA;
   • – With regards the murder of trade union official Mr Osvaldo Lorenzo Pérez, in order to determine the legal actions that the judicial body of Panama as an independent organ of the executive body, and in light of the fact that offences against human life are investigated ex officio, as stated in section 1951 of the Judicial Code of the Republic of Panama, the Supreme Court of Justice was requested to report on the legal proceedings carried out. In document No. SGP-1405, of 15 September 2009, the Supreme Court of Justice stated that, through a decision of 19 May 2009, the Second Court of Justice ruled that criminal proceedings should be initiated against Jorge Morgan, Eduardo Boyte Mathews, Jorge Coronado, Rogelio Ramos and Gustavo Santimateo Jean François for the crime of the intentional homicide of Mr Osvaldo Lorenzo Pérez.
   • – As to the murder of Mr Luiyi Argüelles Moya, a certified report was requested of the judicial body regarding the status of the investigations. Through document
   • No. SGP-1405 of 15 September 2009, the Second High Court of Justice, through ruling No. 299 of 11 September 2009, initiated criminal proceedings against César Garay Carmona and Manuel Moreno Asprilla for the crime of the intentional homicide of Mr Luiyi Argüelles.
   • – As to the murder of trade union official Mr Al Iromi Smith, on 15 September 2009, the Supreme Court of Justice reported that the Second High Court of Justice had ordered that Mr Eliseo Madrid be arrested and that precautionary measures be taken regarding Mr Miguel Ángel Pérez Ortega. The case is currently ongoing.
2. 740. The Government states that it does not nor will it in the future in any way persecute trade union officials or members. The Panamanian State, working through the judicial body, is making progress regarding these cases and has initiated criminal proceedings against those individuals suspected of being responsible for the deaths of the abovementioned trade union officials, thus ensuring that Panama is complying with due process as regards identifying those responsible for the events outlined in the complaint. As to the request for the organizations of the employers concerned in the case to provide the views of the enterprises involved in the case, the Government refers to the communications sent by the enterprises Maqtec SA, Grupo Viveros SA and Construtora Norberto Odebrecht SA.
3. 741. In a communication of 18 September 2009, the enterprise Construtora Norberto Odebrecht SA of Panama states that it is the largest engineering and construction enterprise in Latin America and one of the largest such enterprises in the world. It has been providing integrated services in the engineering, supply, construction, installation and management of civil, industrial and specialized technology works for 65 years. The enterprise has completed over 2,000 projects around the world, in regions as diverse as Asia, Africa, Latin America and North America and in particular in the United States. As an enterprise, Odebrecht respects the rights of the workers, the fundamental principles of labour as set out by the ILO and the enterprise’s own principles, and complies with national labour standards. Before beginning work in any country, the first thing the enterprise does is to hire local specialists, in particular in the fields of law, labour, finance, accounting, etc., so that they may provide guidance regarding the fundamental aspects of law, especially concerning taxation, labour, corporations, etc. This is done in order to avoid making mistakes which could later on be interpreted as violations of national law. In all of the projects undertaken by the enterprise, including those which are ongoing, the activities of the enterprise regarding the workers have been carried out within the legal, regulatory framework, in particular the Labour Code and collective agreements.
4. 742. In 2006, the enterprise began its first project in Panama, the construction of an irrigation system known as the Remigio Rojas project, in Chiriquí Province. This project provided Panamanian producers with an innovative irrigation system which benefitted their agricultural activities, as well as directly generating employment for over 630 workers and many other indirectly related posts. Work then began on the construction of the Madden–Colón highway and the Coastal Beltway on one of the most important avenues of the Panamanian capital, along which over 70,000 vehicles pass every day. The enterprise states that, in order to comply with Panamanian labour law, the enterprise negotiated and signed a collective agreement with SINTICOPP, a trade union organization recognized by the Ministry of Labour and which represented the majority of the workers working on the Remigio Rojas project in Chiriquí. Thus, SUNTRACS did not present any valid proof to support its allegation that freedom of association had been violated and that there was no collective agreement in place and therefore this claim is incorrect and groundless.
5. 743. As to the Madden–Colón highway, once the Government allowed work to go ahead, a dialogue was initiated with SINTICOPP, which has legal representativity regarding the country’s construction workers. This negotiation process was carried out completely in accordance with legislation.
6. 744. As to the list of demands submitted by SUNTRACS to the enterprise Retraneq SA, it should be pointed out that in the same complaint it is stated that this enterprise is a subcontractor for Odebrecht. Therefore, the list of demands that SUNTRACS claims to have presented to Odebrecht later on was not attributable to that enterprise, given that the relationship with Retraneq S.A. was one of subcontraction within the normal course of activities of both enterprises and not a relationship of legal subordination and economic dependence. Odebrecht had (and has) no obligations whatsoever towards the workers of Retraneq SA, the latter enterprise having been contracted to provide specialized services.
7. 745. With regards the Coastal Beltway and New Roadway projects, a collective agreement was negotiated and signed with SUNTRACS. Therefore, it is not true to say that Odebrecht fails to respect trade union freedoms or that it does not enter into negotiations given that it did sign a contract with SUNTRACS. The enterprise adds that it is important to point out that, alongside the abovementioned projects, it has undertaken another major project which is currently ongoing. The project in question is a 115 megawatt (MW) hydroelectric project, as a part of which a collective agreement was signed with SUNTRACS. Therefore SUNTRACS’ claim to the effect that Odebrecht only signed a collective agreement with the trade union with regards the Coastal Beltway project is untrue. SUNTRACS officials have access to the enterprise should they wish to discuss any issues regarding the labour–management relationship, as was made clear in the collective agreements that were signed.
8. 746. As to the allegation that Odebrecht controls SINTICOPP, this claim is both groundless and bizarre. It is difficult to understand how SUNTRACS could claim that Odebrecht controls a trade union which was established long before the enterprise began working in Panama. Moreover, two collective agreements were signed with SUNTRACS relating to various projects. If SINTICOPP were really controlled by Odebrecht then the enterprise would hardly have signed collective agreements with other trade union entities.
9. 747. As to the unfortunate death of Mr Osvaldo Lorenzo Pérez, which occurred close to the site of the Madden–Colón project and for which, according to SUNTRACS’s irresponsible claims, Odebrecht is to blame: on the morning of 14 August 2007, a large group (according to the complaint, around 200) of SUNTRACS members were bussed for free to the enterprise’s installation at the camping resort of Chilibre. At this time the workers there were beginning work but they were harassed by the SUNTRACS members. The workers gathered at the building site hut. They did not seek to establish any kind of contact with the SUNTRACS members. The SUNTRACS members had travelled from various parts of the country specifically in order to carry out a “protest” in front of the enterprise’s installations. Therefore, the claim contained in the complaint to the effect that the events that occurred amounted to a “premeditated and planned action” are utterly false, given that at no time did the enterprise plan to confront the SUNTRACS members or indulge in any interference which might provoke SUNTRACS members into harassing the enterprise’s workers at Chilibre. The tragic death of the SUNTRACS member occurred in the heat of the moment. This event was investigated by the competent authorities (the Office of the Public Prosecutor) and the enterprise has cooperated fully with every request made of it. Odebrecht has at all times worked closely with the national police, the Office of the Public Prosecutor and the judicial body in order to uncover the facts.
10. 748. Finally, the enterprise states that the complaint contains subjective claims made by SUNTRACS which neither the enterprise nor any authority which is not the judicial body are competent to make.
11. 749. In its capacity as the developer of the Isla Viveros project, the enterprise Grupo Viveros SA signed a civil works contract with the construction enterprise Maqtec SA for the construction of various works within the Isla Viveros project. Maqtec SA signed a four-year (2006–10) collective agreement with SINTICOPP on 27 October 2006. This agreement was registered by the Department for Labour Relations on 31 October 2006. On 11 January 2007, SUNTRACS submitted a list of demands to the General Labour Directorate of the Ministry of Labour and Labour Development. The first point of the list established the following: Claims. “1. That the enterprise, given that no collective agreement exists, should be obliged to negotiate the list of claims and thus grant a collective labour agreement between SUNTRACS and Maqtec SA”. The enterprise states that in light of this situation it is clear that the first request on the list together with the other claims were groundless, given that the enterprise Maqtec SA had already signed a collective agreement with another trade union in 2006 for a duration of four years.
12. 750. The enterprise states that the law clearly points out that a new collective agreement may only be signed with the enterprise if there is no pre-existing agreement in force or if the previous agreement has expired. Because of this situation the list of charges followed its course until a strike was called, illegally as it happens given that when voting on strike action took place SUNTRACS did not have enough workers to declare the strike legal as established by section 448 of the Labour Code. In this case they did not have the majority necessary to declare a legal strike. Thus, an arbitration process was initiated. The list was filed through an arbitration award of 26 March 2007.
13. 751. The enterprise adds that on 2 July 2007 SUNTRACS submitted a new list, with SINTICOPP submitting another one on 7 June 2007. The Ministry of Labour and Labour Development of Panama, acting on behalf of the General Labour Directorate of Panama, ruled that SINTICOPP (which at the time had the largest number of members working on the site) was the competent party with regards negotiations concerning the lists. SUNTRACS called a strike as of 29 June 2007. Events came to a head on that Thursday, with SUNTRACS members provoking and confronting worker members of SINTICOPP on various occasions. As a result, complainant No. CL06607 was submitted to the Office of the Public Prosecutor by Maqtec SA. The enterprise states that, owing to the insecurity and vandalism that affected the project, homeowners in Panama at the time could not access their properties.
14. 752. As a result of the events linked to the strike affecting the workers on the Maqtec SA site, houses Nos 13 and 14 were completely vandalized. According to information received, a SUNTRACS protestor died during a clash with members of the police force on the site of the Isla Viveros project in the Las Perlas archipelago. The deceased was Mr Luiyi Argüelles, a SUNTRACS member, who, as far as we know, was responsible for mobilizing protesters and belonged to the shock unit within the project. He was not on the staff of any of the enterprises or suppliers involved in the project.
15. 753. The enterprise states that the Isla Viveros project is a special tourist project. It is situated on an island far from the mainland which has 35 km of beach and coastline that can be landed on at any point. The conflict in question was not limited to the area in and around the construction site. SUNTRACS took over the entire island by force. This island is private property, with full title of ownership, and in this case the fundamental guarantees provided for in the Constitution were violated. SUNTRACS submitted a criminal complaint against the head of the Panamanian national police force and those police officers present on the day the events took place. The same complaint incriminated the director of the Isla Viveros project (checks later carried out showed that he was not involved in the unfortunate events of 16 August 2007). As a result of this conflict, SUNTRACS and its regional branches at a provincial level held constant protests in the various provincial capitals with the aim of pressuring the enterprise into signing a collective agreement. Following negotiations and dialogue, Maqtec SA and SUNTRACS signed an agreement on 7 October 2007 in order to calm the situation and get work on the Isla Viveros project back on track. The project is now under way again and relations with SUNTRACS are the best in the country. It should be pointed out that the case of the police officers who were unfortunately involved in the death of Mr Luiyi Argüelles is before the Second High Court of Justice of Panama, with the charges currently being specified.
16. 754. The enterprise Maqtec SA sent a communication reiterating the statements made by Grupo Viveros SA.
17. 755. In its communication of 12 April 2010, the Government states that the Second High Court of Justice issued ruling No. 5-P-I, concerning the cases of Jorge Morgan Melchor, Rogelio Ramos Camargo and Miguel Ángel Ibarra, accused of the murder of Mr Osvaldo Lorenzo, a SUNTRACS member, on 18 March 2010. Under this ruling, Jorge Morgan Melchor and Miguel Ángel Ibarra were sentenced to 25 years in prison and barred from exercising public functions for a period of five years once their prison sentences had been completed. Moreover, Mr Rogelio Ramos was sentenced to 20 years in prison and barred from exercising public functions for five years. The Government reports that the cases concerning the murders of Mr Luiyi Argüelles and Mr Al Iromi Smith, members of SUNTRACS, are currently being examined by the courts and that it will provide information on any progress made in this regard.

C. The Committee’s conclusions

1. 756. The Committee observes that in the present case the complainant organizations allege murders, assaults, acts of violence against trade union officials and members and mass detentions of protestors, as well as violations of the right to collective bargaining, the establishment of a trade union by an enterprise and anti-union dismissals.
2. 757. As to the allegations regarding murders and other acts of violence against trade union officials and members and mass detentions of protestors in the construction sector, the Committee observes with concern that the complainant organizations refer to:
   • – The murder of SUNTRACS trade union official Mr Osvaldo Lorenzo Pérez, on 14 August 2007, during a demonstration at the Panama–Colón highway construction site, a project being run by the enterprise Odebrecht (according to the complainant, hired thugs and criminals in the pay of the enterprise used firearms against SUNTRACS members);and the injuries suffered by trade union officials Mr David Niño, a member of the SUNTRACS executive committee, and the secretary for finances of CONUSI, Mr Eustaquio Méndez;
   • – The murder of trade union official Mr Luiyi Antonio Argüelles Moya on 16 August 2007 by a sergeant of the national police during a demonstration at the site of Maqtec SA’s Isla Viveros project; and the detention of the SUNTRACS press and communications secretary, Mr Raimundo Garcés.
   • – The murder of SUNTRACS official Mr Al Iromi Smith, the incident in which Donaldo Pinilla and Félix de León were attacked by police officers using firearms on 12 February 2008 while they were taking part in a peaceful demonstration as part of a national strike and the arrest of and imposition of fines on over 500 workers who were protesting as a result of the death of the trade union official.
   • – The violent repression and arrest by the police of 224 workers (including 47 members of SUNTRACS) participating in a demonstration on 16 March 2010 and the imposition of fines on the abovementioned workers.
   • – The submission by the Government of a bill establishing that job applicants must provide their “police records” (proving that they do not have a criminal record) prior to obtaining employment, which, in the view of the complainants, is an attempt to punish those having participated in the demonstrations.
3. 758. The Committee notes the Government’s statement to the effect that: (1) as regards the legal proceedings concerning the murder of Mr Osvaldo Lorenzo Peréz, the Second High Court of Justice issued a ruling condemning Jorge Morgan and Miguel Ángel Ibarra to 25 years in prison and barring them from exercising public functions for a period of five years once their prison sentences had been completed. Moreover, Mr Rogelio Ramos was sentenced to 20 years in prison and barred from exercising public functions for five years; (2) the cases concerning the murders of Mr Luiyi Argüelles and Mr Al Iromi Smith are currently being examined by the courts and that it will provide information on any progress made in this regard.
4. 759. Moreover, the Committee notes that, as regards the death of Mr Osvaldo Lorenzo Peréz, the enterprise Odebrecht states that: (a) on 14 August 2007, 200 SUNTRACS members demonstrated outside the enterprise’s installations, harassing workers who were beginning their working day; (b) it was during these events that the death of the trade union official occurred, and (c) at no time did the enterprise confront the SUNTRACS members. Furthermore it has cooperated fully with the national police, the Office of the Public Prosecutor and the judicial authority in order to establish the facts. Moreover, the enterprises Grupo Viveros SA and Maqtec SA state as regards the death of Mr Luiyi Argüelles that: (i) SUNTRACS declared a strike on 29 June 2007 during which acts of provocation and confrontation were perpetrated against workers belonging to another trade union; (ii) as a result of the violence, the homes of some of the enterprise’s workers were destroyed; (iii) the death of Mr Luiyi Argüelles, who was not employed by either of the enterprises, occurred during the events in question; (iv) an investigation showed that the director of the Isla Viveros project did not take part in the violence and the project is currently under way, with relations with SUNTRACS being much improved, an agreement having been signed with the trade union on 7 October 2007; and (v) the Second High Court of Justice of Panama is investigating the participation of those police officers involved in the death of Mr Luiyi Argüelles.
5. 760. The Committee, although taking note of the efforts made to arrest and convict those responsible for the murder of Mr Osvaldo Lorenzo Peréz, deeply regrets the alleged acts of violence, regrets that the investigations aimed at identifying and punishing the culprits have yet to be concluded and recalls that a genuinely free and independent trade union movement cannot develop within the construction sector in a climate of violence which gives rise to the murder of trade union officials and assaults on trade union members. The Committee firmly expects that the ongoing investigations into the murders of Mr Luiyi Argüelles and Mr Al Iromi Smith will be concluded without delay and that those responsible for the events in question will consequently be punished and requests the Government to inform it of any rulings issued in this regard. Moreover, the Committee urges the Government without delay to send its observations regarding the following allegations: (1) the injuries suffered by trade union officials Mr David Niño, a member of the SUNTRACS executive committee, and the secretary for finances of CONUSI, Mr Eustaquio Méndez, on 14 August 2007; (2) the detention of SUNTRACS press and communications secretary, Mr Raimundo Garcés; (3) the incident in which police officers attacked workers Donaldo Pinilla and Félix de León using firearms on 12 February 2008 while they were taking part in a peaceful demonstration as part of a national strike and the arrest of and imposition of fines on over 500 workers who were protesting as a result of the death of the trade union official Mr Al Iromi Smith; (4) the violent repression and arrest by the police of 224 workers (including 47 members of SUNTRACS) participating in a demonstration on 16 March 2010 and the imposition of fines on the abovementioned workers; and (5) the submission by the Government of a bill establishing that job applicants must provide their “police records” (proving that they do not have a criminal record) prior to obtaining employment which, in the view of the complainants, is an attempt to punish those having participated in the demonstrations.
6. 761. As to the allegations regarding the establishment of a trade union by the enterprise Odebrecht at the site of the Madden–Colón highway project, the signing of a “false” collective agreement with the abovementioned trade union, the dismissal of over 100 workers belonging to SUNTRACS for having refused to join the trade union established by the enterprise and the refusal of the enterprise Retraneq SA (a subcontractor for Odebrecht, according to the complainants) to negotiate a list of claims submitted by SUNTRACS, the Committee notes that the Government states that: (1) through Resolution No. 171-DGT-RT-07, of 31 July 2007, the administrative authority ruled that SINTICOPP was responsible for negotiating lists of claims with the enterprise Retraneq SA; (2) Retraneq SA signed an agreement regarding the Madden–Colón project and, as a consequence, the Ministry of Labour and Labour Development attempted to mediate between SUNTRACS, SINTICOPP and the enterprise Retraneq SA, but the enterprise did not participate, and (3) SUNTRACS called for strike action affecting the enterprise Retraneq SA.
7. 762. The Committee also notes that the Government sent the observations transmitted by the enterprise Odebrecht in which its states that: (1) in compliance with legislation, the enterprise negotiated and signed a collective agreement with SINTICOPP, a trade union organization recognized by the Ministry of Labour which represented the majority of the workers; (2) this enterprise does not control SINTICOPP, a body which was established long before the enterprise began operating in Panama; (3) the list submitted by SUNTRACS to the enterprise Retraneq SA was not attributable (that is to say relevant) to that enterprise, given that the relationship between the enterprises is not one of legal subordination and economic dependence, and; (4) the enterprise has signed collective agreements with SUNTRACS regarding other construction projects, with the officials of the trade union having access to the enterprise should they wish to discuss any issues regarding the labour–management relationship.
8. 763. In these conditions, the Committee requests the Government to take promptly the necessary measures to carry out an investigation without delay regarding the allegations concerning the dismissal of over 100 workers belonging to SUNTRACS owing, according to the complainant, to their refusal to join another trade union established by the enterprise and to inform the Committee of the results of this investigation and, given that the allegations date back to 2007, to report on the current state of labour relations between the enterprises concerned and the trade unions in the construction sector.