Rapport intérimaire - Rapport No. 375, Juin 2015

1. 268. The Committee last examined this case at its May–June 2014 meeting, when it presented an interim report to the Governing Body [See 372nd Report, paras 184 to 193, approved by the Governing Body at its 321st Session (June 2014)].
2. 269. The Government sent new observations in communications dated 11 June 2014 and 27 February 2015.
3. 270. El Salvador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Workers’ Representatives Convention, 1971 (No. 135) and the Labour Relations (Public Service) Convention, 1978 (No. 151).

A. Previous examination of the case

1. 271. In its previous examination of the case in May–June 2014, the Committee made the following recommendations [see 372nd Report, para. 193]:
   • – The Committee, deeply deploring and condemning the murder of union leader Mr Victoriano Abel Vega, once again requests the Government to provide information on the criminal proceedings initiated and to take all measures at its disposal to ensure that investigations are intensified to clarify the facts, identify the guilty parties and impose severe punishment upon them, with a view to preventing such types of criminal offences.
   • – Furthermore, as the complainant organizations have linked the murder of the union leader to his union activities, and in particular to his advocacy for the establishment of a union in the municipal services of San Sebastián (allegedly impeded by the dismissal of the union’s founding members and the silence of the labour administration concerning the trade union complaints), the Committee once again requests the Government to send its observations on the matter and to ensure that the workers in question are able to establish a trade union without restriction.
   • – Lastly, the Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The Government’s reply

1. 272. In its communication dated 11 June 2014, the Government indicates that it is transmitting the information available regarding the murder of the trade union leader Mr Victoriano Abel Vega in the city of Santa Ana in January 2010. The Government adds that, having carried out consultations regarding this case, a note was submitted by the Office of the Public Prosecutor, dated 17 March 2014, indicating that the corresponding inquiries are being carried out to identify the perpetrators of, or other parties to, the act, whereby it is currently being treated as an “active investigation”. According to the aforementioned note, the case file contains the report of the removal of the corpse, the autopsy, the photographs and sketch of the crime scene, and witness interviews, which do not reveal the identity of any of the perpetrators. The note also indicates that this case has been reassigned to investigators in the Central Investigation Department of San Salvador, who are conducting investigations to find sources which could provide the information needed to identify the perpetrators of, or other parties to, the act.
2. 273. In its communication dated 27 February 2015, the Government states that the Ministry of Labour and Social Security has contacted the Office of the Public Prosecutor, and in particular the Special Unit for Crimes against Life of the Office of the Public Prosecutor of Santa Ana, which was the body to which the case was referred under Reference No. 116-UDVA-10, for the investigation of the murder of Mr Victoriano Abel Vega. This body initially abstained from making any declaration, being under the legal obligation not to disclose any details relating to the case in accordance with the Code of Criminal Procedure, which only grants access to the case to the parties; as of September 2014 it had not been possible to identify the perpetrator or perpetrators.
3. 274. In spite of the information set out above, the Ministry of Labour and Social Security continues its monitoring and coordination work in order to demonstrate the importance of ensuring that freedom of association is respected and guaranteed by the Government. In its last communication, the Office of the Public Prosecutor indicated that it had all the documentation needed to establish the existence of a criminal offence. The Government reiterates that the investigation has been reassigned to the Central Investigation Department of San Salvador, which will continue to search for sources which could provide the information needed to identify the perpetrators of, or other parties to, the act. The Government adds that the case continues to be treated as an active investigation and that the Government will, accordingly, continue to provide information regarding any developments in this case.
4. 275. As regards the Committee’s second-to-last recommendation and the complainants’ allegation that the murder took place when the municipal services of San Sebastián had impeded the creation of trade unions, the Government indicates that the allegation is unsubstantiated given that, according to the records of the National Department of Social Organizations, the creation of the Union of Municipal Workers of San Sebastián Salitrillo was registered on 18 November 2010, and to date the members of the executive committee continue to hold valid credentials.

The Committee’s conclusions

1. 276. The Committee recalls that the allegations in the present case refer to the murder, on 16 January 2010, in the city of Santa Ana, of Mr Victoriano Abel Vega (Secretary-General of the Union of Municipal Workers of Santa Ana (SITRAMSA)). He died from multiple gunshot wounds as he was leaving the City Sanitation Services office, where he had gone to submit a letter requesting permission to attend a union meeting of the Autonomous Confederation of Salvadorian Workers (CATS). The complainant organizations highlighted that, upon leaving the office, Mr Victoriano Abel Vega, who had already received death threats for his union activities, was killed by five persons who were waiting for him, and who drove away in a vehicle that was waiting for them. In its last examination of the case, the Committee took note of the Government’s statement to the effect that criminal proceedings had been initiated for murder.
2. 277. The Committee takes note of the Government’s additional observations, according to which: (1) initially, in accordance with the requirements of the Criminal Code of Procedure in cases of murder, the Office of the Public Prosecutor was not authorized to provide details in relation to the case of the murder of the trade union leader Mr Victoriano Abel Vega (to which only the parties were given access) and that as of September 2014 it had not yet been possible to identify the perpetrator or perpetrators; and (2) the Office of the Public Prosecutor continues to treat this case as an active investigation and the Central Investigation Department continues searching for sources to enable it to identify the perpetrators of the crime.
3. 278. The Committee deeply regrets that, although the murder of trade union leader Mr Victoriano Abel Vega took place on 16 January 2010, almost five and a half years later the authorities have not identified the perpetrators of, or parties to, this abject murder. The Committee regrets to note that, with regard to its request in its previous examinations of the case that investigations be intensified, the Government does not indicate all available measures under applicable laws taken to intensify investigations and only reports that the Office of the Public Prosecutor continues to treat this case as an active investigation. The Committee requests the Government and all the competent authorities to take all available measures in accordance with the law to identify the perpetrators of the murder.
4. 279. The Committee again highlights the seriousness of the allegations, deeply deplores and condemns the murder of the trade union leader and regrets that the Government’s reply does not indicate that it has mobilized all the means and resources required to clarify this case, despite its extremely serious and urgent nature, which was specifically drawn to the attention of the Governing Body, and it therefore reiterates the recommendation made at its June 2014 meeting. The Committee again requests the Government to provide information on the criminal proceedings initiated and to take all measures at its disposal to ensure that investigations are intensified to clarify the facts, identify the guilty parties and impose in accordance with the law, commensurate punishment, with a view to preventing such types of criminal offences.
5. 280. As regards the Committee’s recommendation in relation to the fact that the complainant organizations have linked the murder of the union leader to his union activities, and in particular to his advocacy for the establishment of a union in the municipal services of San Sebastián (allegedly impeded through dismissals of the union’s founding members and the silence of the labour administration concerning the trade union complaints), the Committee had requested the Government to send its observations on the matter and to ensure that the workers in question are able to establish a trade union without restriction. The Committee takes note of the Government’s statement in its reply that these allegations are unfounded given that SITRAMSA was created on 18 November 2010 and that its executive committee members’ credentials are still valid.
6. 281. In this regard, the Committee wishes to highlight that the murder of the trade union leader Mr Victoriano Abel Vega took place on 16 January 2010 and that the complainants link this murder with the activities taken to promote the trade union long before that. The Committee requests the Government to ensure that the criminal investigations go into sufficient depth with regard to the declarations of the complainants concerning the anti-union motives for the murder. Likewise, the Committee urges the Government to carry out an inquiry into the alleged dismissals of the founding members of the union of municipal workers and the alleged silence of the labour administration concerning the trade union complaints and to keep it informed in this regard.