Definitive Report - Report No 291, November 1993

1. 174. The Committee has examined this case on two occasions (see 286th and 287th Reports, paras. 465-473 and 408-416, approved by the Governing Body at its 255th and 256th Sessions (February and May 1993)), in which it reached interim conclusions. The Government sent new information in communications dated 29 June, 1 July and 31 August 1993.
2. 175. 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. Previous examination of the case

1. 176. At its May 1993 meeting, when dealing with the allegations concerning the assassination of Mr. Pedro Huilca Tecse, Secretary-General of the General Confederation of Workers of Peru (CGTP), and the death threats allegedly received by the trade union official Alfredo Lazo Peralta, the Committee made the following recommendations (see 287th Report, para. 416):
2. The Committee notes with satisfaction that the suspected perpetrators, accomplices and participants in the assassination of the trade union leader Pedro Huilca Tecse are awaiting trial. The Committee requests the Government to inform it of the final outcome of the judicial proceedings against the accused;
3. The Committee requests the Government to send its observations on the allegations concerning the death threats received by the trade union leader Alfredo Lazo Peralta and to take the necessary measures to protect him.
4. B. The Government's reply
5. 177. In its communications dated 29 June, 1 July and 31 August 1993, the Government states that following the judicial proceedings against the six perpetrators of the assassination of Pedro Huilca Tecse, the accused had been sentenced to life imprisonment, as the sentence was upheld by all courts. Concerning the death threats against the trade union leader Alfredo Lazo Peralta, the Government states that it has requested the Ministry of the Interior to take the necessary measures to protect this leader. It points out, however, that threats of this kind are part of normal terrorist activities and that not only trade union leaders but also employers, members of the clergy, public servants, etc., are subjected to these sorts of threats.
6. 178. Furthermore, the Government maintains that the country's peace process has been given maximum priority and that the Government has drawn up a global strategy based on the participation of the population. Consequently, several legislative decrees have been issued which have set up the Council for Peace and which have established the legal framework to guarantee that terrorists are severely punished by judicial and political bodies. The Government has undertaken all possible efforts to fight against terrorism and has obtained satisfactory results such as the capture of the leaders of the revolutionary movement "Tupac Amaru" and of the terrorist group "Shining Path", which has enabled the population to be more tranquil. The Government rejects that a climate of terror exists as alleged by the complainants. Finally, the Government points out that the peace process is being carried out with the full respect of human rights and that no infringement of the basic principles of social harmony will be tolerated, as any excesses whatsoever will be investigated and punished.

C. The Committee's conclusions

1. 179. As concerns the climate of violence existing in Peru, the Committee notes the Government's information that specific measures have been taken, including legislation imposing severe penalties on terrorists, in order to achieve peace within the country, and that positive results have been achieved in the fight against terrorism through the arrest of leaders of the revolutionary movement "Tupac Amaru" and of the "Shining Path" terrorist group. The Committee expresses the hope that in the future measures will be taken to guarantee the exercise of trade union rights in a climate free from violence.
2. 180. The Committee notes the Government's observations that the six perpetrators of the assassination of trade union leader Pedro Huilca Tecse have been sentenced to life imprisonment, following judicial proceedings, and that the sentence has been upheld by all the courts. Finally, the Committee notes that, as it recommended at its previous meeting, the Government has requested the Ministry of the Interior to take the necessary measures to provide protection for the trade union leader Alfredo Lazo Peralta, who has been threatened with murder.