Informe provisional - Informe núm. 393, Marzo 2021

1. 355. The Committee last examined this case, presented in 2012, at its March 2019 meeting, when it presented an interim report to the Governing Body [see 388th Report, paras 329–339, approved by the Governing Body at its 335th Session (March 2019)].
2. 356. The Government sent new observations in communications dated 25 March 2019 and 9 February 2021.
3. 357. 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. 358. In its previous examination of the case in March 2019, the Committee made the following recommendations [see 388th Report, para. 339]:
   • (a) The Committee once again urges the Government and all the competent authorities to make in a coordinated manner, as a matter of urgency and priority, all the necessary efforts, including the provision of the required human and financial resources to expedite the investigations under way, in order to identify and punish without delay both the instigators and the perpetrators of the murder of Mr Victoriano Abel Vega. In particular, the Committee urges the Government to take the necessary measures to ensure that the competent authorities pay special attention to exchanging information with the complainant organizations in the present case with a view to clarifying whether this crime has had an anti-union nature. Firmly hoping that tangible progress will be made in this regard, the Committee requests the Government to ensure that the Office of the Public Prosecutor of the Republic will provide detailed information on the status and findings of the investigations and the relevant criminal proceedings without delay.
   • (b) 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. 359. In its communication of 25 March 2019, the Government confirms that its efforts to shed light on the crime continue and indicates that it contacted the Public Prosecutor of the Republic on 25 February 2019 to ask for more resources to dedicate to the investigation. The Government conveys the information provided by the new Public Prosecutor of the Republic through a communication dated 5 March 2019, which: (i) reiterates the information previously sent to the Committee regarding the investigations and procedures undertaken; (ii) underscores that, if there are still four lines of investigation, of which two are linked to Mr Victoriana Abel Vega’s union activities, the most probable theory still holds, which is that Mr Vega was murdered by accident by gang members that were attempting to murder another municipal worker that was a witness in a murder case; (iii) confirms that this theory would be supported by the ballistic analysis, which showed that a weapon that had been seized from another member of the same gang had been used in the murder of Mr Vega; (iv) communicates that focus has been redirected to as to ensure that investigative efforts continue to be concentrated on searching for other sources of information (to shed light on existing lines of investigation or to generate new theories); and (v) indicates that the investigator on the case has confirmed ongoing efforts to obtain information that will identify the perpetrators in spite of existing difficulties, including insufficient resources and a significant workload in the division, and the fact that the only possible suspect in the case, who supported the theory of mistaken identity mentioned above, will already have been sentenced for his involvement in another murder. It was difficult to make contact with him in prison and, with an 18-year prison sentence, it is unlikely that he will cooperate. As a result, efforts have been focused on finding another informant or witness.
2. 360. In its communication of 9 February 2021, the Government indicates that the Minister of Labor and Social Welfare has been following up on the investigations carried out by the Office of the Public Prosecutor of the Republic and that it has insisted to the Public Prosecutor the importance that the case merits and the need to expedite the investigations so that this crime does not go unpunished and to set a precedent in the defence of the exercise of the right to freedom of association. The Government indicates that it is awaiting the report of the Prosecutor, which it will transmit to the Committee as soon as it is received.

C. The Committee’s conclusions

1. 361. The Committee recalls once again that the present case refers to the murder, on 16 January 2010, of Mr Victoriano Abel Vega, general secretary of the Union of Municipal Workers of Santa Ana (SITRAMSA), who, according to the complainant organizations, had already received death threats for his union activities.
2. 362. The Committee takes note of the information provided by the Government in relation to the ongoing efforts of the Office of the Public Prosecutor of the Republic to obtain information that will identify the perpetrators in spite of existing difficulties, including insufficient resources and a significant workload, and the fact that the only possible suspect in the case, would have already been sentenced for his involvement in another murder. The Committee also takes note that, as indicated by the Government, the Minister of Labour and Social Welfare has been following up on the investigations carried out by the Office of the Public Prosecutor of the Republic and that it has insisted to the Public Prosecutor the importance that the case merits and the need to expedite the investigations so that this crime does not go unpunished and to set a precedent in the defence of the exercise of the right to freedom of association.
3. 363. The Committee notes with regret that, in spite of repeated requests made by the Ministry of Labour and Social Welfare to the Public Prosecutor of the Republic to take the necessary steps to progress in the case, no tangible progress has been made towards identifying and punishing the perpetrators of this serious crime more than ten years since the murder of the union leader.
4. 364. In this respect, the Committee once again recalls that acts of intimidation and physical violence against trade unionists constitute a grave violation of the principles of freedom of association and the failure to protect against such acts amounts to a de facto impunity, which can only reinforce a climate of fear and uncertainty highly detrimental to the exercise of trade union rights. The Committee also emphasizes that it is important that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated and that the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 90 and 102].
5. 365. In the light of the foregoing, the Committee urges the Government and all the competent authorities to make, in a coordinated manner and as a matter of urgency and priority, all the necessary efforts to expedite the investigations under way in order to identify and punish without delay both the instigators and the perpetrators of the murder of Mr Victoriano Abel Vega. In particular, the Committee urges the Government to take the necessary measures so that the competent authorities are provided with the required human and financial resources and that they ensure that when conducting the investigations, special attention is paid to exchanging information with the complainant organizations in the present case with a view to clarifying whether this crime has had an anti-union nature. Firmly hoping that tangible progress will be made in this regard, the Committee asks the Government to keep it informed of all developments in the investigation and criminal proceedings.