Effect given to the recommendations of the committee and the Governing Body - Report No 380, October 2016

Effect given to the recommendations of the Committee and the Governing Body

1. 60. The Committee last examined this case at its March 2013 meeting, when it made the following recommendations [see 367th Report, para. 949]:
   • (a) The Committee once again deplores the murders, injuries and other acts of violence between 2007 and 2010 against trade union members and, in certain cases, against police officers. The Committee requests the Government to send the rulings issued and any future rulings in order to ensure that the facts have been clarified and that the guilty parties have been severely punished. The Committee requests the Government to convoke a tripartite dialogue with workers’ and employers’ organizations in the construction sector in order to examine the problems mentioned and to take all measures necessary to avoid a repeat of the acts of violence. The Committee requests the Government to keep it informed in this regard.
   • (b) The Committee requests the Government to communicate: (1) the rulings issued in relation to the alleged murder of the trade union officials Mr Luiyi Argüelles and Mr Al Iromi Smith; (2) the rulings in relation to the injuries suffered by the trade union officials Mr David Niño and Mr Eustaquio Méndez on 14 August 2007.
   • (c) The Committee requests the Government to indicate whether any judicial proceedings have been initiated against the trade union leader Mr Raymundo Garcés and, if this is the case, to communicate the ruling.
   • (d) The Committee requests the Government to indicate whether the workers Mr Donaldo Pinilla and Mr Félix de León have filed criminal charges.
   • (e) The Committee once again requests the Government to send its observations on the alleged arrest and imposition of fines on more than 500 workers in the context of the demonstration of 12 February 2008.
   • (f) The Committee requests the Government to indicate whether the workers who were arrested and fined for the events that took place during the demonstration of 10 March 2010 (all of whom were released) initiated judicial proceedings and, if this is the case, to communicate the outcome.
   • (g) The Committee invites the Government to submit the law concerning the use of criminal records for labour-related purposes (sentences handed down for crimes) to a tripartite dialogue, particularly to ensure that criminal records acquired because of peaceful union activities do not have a bearing on obtaining employment.
   • (h) The Committee requests the Government to indicate whether judicial proceedings have been initiated by the workers concerned and, if so, to indicate their outcome.
   • (i) The Committee calls the Governing Body’s special attention to the extreme seriousness and urgency of the issues in this case.
2. 61. In its communication of 17 June 2013, the Government states that the Special Committee for the Rapid Handling of Complaints concerning Freedom of Association and Collective Bargaining (the Complaints Committee), established under the 2012 Panama Tripartite Agreement, is an excellent tool for achieving tripartite dialogue in the construction sector in order to examine the issues raised and avoid a recurrence of violence. Following an ILO technical assistance mission, conducted in February 2016, the Committee was informed of the various agreements reached during meetings of the Complaints Committee and of its timetable of activities for 2016, which includes a monthly meeting to discuss and resolve initial and follow-up complaints presented to the Committee on Freedom of Association. In this context, the Committee encourages the Government, together with the workers’ and employers’ organizations in the construction sector, to consider meeting within the framework of the Complaints Committee to examine jointly the issues raised and reach agreements that will avoid recurrence of the violence in that sector. The Committee requests the Government to keep it informed in this respect.
3. 62. The Committee takes note of the Government’s statement that it will consider convening a dialogue on Act No. 14 of 13 April 2010, on the use of criminal records for labour-related purposes, within the framework of the Tripartite Agreement Committee in order to ensure, in particular, that criminal records acquired because of peaceful trade union activities do not have a bearing on obtaining employment. The Committee requests the Government to report on the discussion of the aforementioned Act at the meetings of the Tripartite Agreement Committee.
4. 63. The Committee takes note of the Government’s report (based on information provided by the Supreme Court) on the murders of Mr Osvaldo Lorenzo, Mr Luiyi Argüelles and Mr Al Iromi Smith. With regard to Mr Oswaldo Lorenzo, the Government states that in Judgment No. 5-PI of 18 March 2010, the Second High Court of Panama City sentenced Mr Jorge Morgan Melchor and Mr Miguel Ángel Ibarra to 25 years’ imprisonment and Mr Rogelio Ramos Camargo to 20 years’ imprisonment. As regards Mr Luiyi Argüelles, the Government reports that the oral hearing (trial by jury) was held on 29 February 2012; the jury acquitted the defendants and the case was therefore closed. As regards the murder of Mr Al Iromi Smith, the Government reports that the trial was transferred to the Criminal Chamber of the Supreme Court on 3 July 2012 and the oral hearing has yet to be held. The Committee recalls that in its previous examination of the case, it took note of the sentences handed down in connection with the murder of Mr Osvaldo Lorenzo and requested the Government to confirm whether these sentences were final or whether they could be appealed before the Supreme Court of Justice. Observing that the legal proceedings in connection with the murder of the trade union leader Mr Luiyi Argüelles have concluded and that the case has been closed, the Committee regrets the need to express particular concern at the failure to shed light on the facts and on the circumstances of the murder. 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, and which is extremely damaging to the exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 52]. The Committee requests the Government to send it copies of the sentences handed down in the cases concerning the murder of Mr Argüelles and of Mr Al Iromi Smith, respectively.
5. 64. With regard to the arrest of some 500 workers who took part in a demonstration on 12 February 2008 to protest the death of the trade union leader, Mr Al Iromi Smith (where the workers were detained at national police stations and released upon payment of a fine), the Committee takes note of the police report of 8 May 2008, submitted by the Government, which states that the police responded with conventional weapons to acts of public disorder and arrested the workers who had committed those acts and acted violently using firearms.
6. 65. As regards the allegations relating to the injuries suffered by the trade union leaders, Mr David Niño and Mr Eustaquio Méndez, on 14 August 2007, the Government reports that neither has initiated legal proceedings for bodily harm and that both are in good health. Bearing this information in mind, the Committee will not pursue its examination of these allegations.
7. 66. The Government further adds that, although it has requested information from the Public Prosecution Service, it has yet to receive any information indicating whether: (i) Mr Donaldo Pinilla and Mr Félix De León have filed a criminal complaint in connection with the alleged injuries suffered at the hands of the police during the demonstration held on 12 February 2008; (ii) criminal proceedings have been initiated against the trade union leader, Mr Raymundo Garcés (arrested in connection with a violent demonstration held in 2007); (iii) the workers who were arrested and fined in connection with the demonstration held on 10 March 2010 (who were released) filed appeals; and (iv) the workers dismissed in 2007 have initiated legal proceedings. The Committee regrets that to date, the Government has been unable to provide information on events that took place almost a decade ago and requests the Government to gather the relevant information as soon as possible and to keep it informed in this regard. The Committee also invites the complainants to provide information on these matters.
8. 67. The Committee draws the Governing Body’s attention once again to the serious and urgent nature of this case.