Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 311, Novembre 1998

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

1. 46. In its previous examination of the case in May-June 1998 (see the Committee's 310th Report, paras. 23-26) various allegations concerning detentions, acts of violence and anti-union discrimination against trade unionists remained pending.
   • Detentions and acts of violence
2. 47. The Committee had requested the Government to keep it informed of developments in the inquiries into the alleged rape of trade unionist Vilma Cristina González and into the alleged detention of the trade unionists Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez García and Belarmino González de León (see 310th Report, para. 26). In a communication dated 4 June 1998 the Government stressed that these persons -- who are going about their business as usual -- were still not collaborating with the authorities which is why no progress had been made in the inquiries. In this respect the Committee indicates that it will only pursue its examination of the allegations if the complainant organization sends additional information concerning the allegations and the lack of collaboration by the persons involved in the inquiries.
   • Acts of anti-union discrimination
3. 48. The Committee made the following recommendations (see 310th Report, para. 26):
   • As regards the allegations relating to acts of discrimination (International Textile Corporation enterprise, El Salto farm, and Las Delicias farm) the Committee once again stresses the importance of remedying all acts of anti-union discrimination and asks the Government to keep it informed of the progress of these procedures. The Committee requests the Government to take measures for the reinstatement of those dismissed in their jobs if it is confirmed that they were dismissed for their trade union activities. The Committee requests the Government to keep it informed of the results of the legal proceedings currently under way relating to the dismissal of trade unionists Juan José Morales Moscoso and Everildo Revolorio Torres and to take measures for the reinstatement of those dismissed in their posts if it is confirmed that they were dismissed for their trade union activities.
4. 49. In its communication dated 4 June 1998 the Government stated that the legal proceedings relating to the dismissal of the trade unionists Juan José Morales Moscoso and Everildo Revolorio Torres were still under way. The Committee therefore once again requests the Government to keep it informed of developments in these procedures.
5. 50. As regards the remaining allegations of anti-union discrimination, the Government stated in its communications of 4 June and 28 July and 18 September 1998 that the International Textile Corporation had now been replaced by another enterprise and that in any event no complaints were reported to the authorities. The Government added that the Las Delicias farm went out of business and paid all its workers 100 per cent severance pay. In respect to the El Salto enterprise, the Government made no specific reference to the allegations of anti-union discrimination and indicated that a draft collective agreement had been submitted and that the request for annulment made by the employer has been considered inadmissible. The Committee recalls the fact that it examined these allegations for the first time in November 1997 (see 308th Report, para. 392) when it stressed the importance of remedying all acts of discrimination. The Committee regrets that in the meantime the authorities have not carried out timely inquiries into these acts, that two of the enterprises (International Textile Corporation and Las Delicias farm) have ceased to exist, and that as a result it is not possible to redress the alleged acts of anti-union discrimination. The Committee requests the Government to carry out an inquiry, to reply specifically to the allegations of discrimination in the third enterprise (El Salto farm) and to take measures for the reinstatement of those dismissed in their jobs if it is confirmed that they were dismissed for their trade union activities. The Committee requests the Government to keep it informed in this regard.