Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 353, Mars 2009

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

1. 291. In its previous examination of the case in November 2007, the Committee made the following recommendations [see 348th Report, para. 181]:
   • The Committee once again requests the Government to indicate whether trade unionist Mr Otiel Montero has initiated legal action in connection with his dismissal. The Committee reiterates its previous recommendations in which it stressed that the allegations date back to 2001 and that justice delayed is justice denied. The Committee firmly trusts once more that the judicial authorities will hand down their ruling on the dismissal of the trade unionists, Mr Guido Siviria and Mr Orlando Acuña, in the very near future and requests the Government to communicate the ruling as soon as it is handed down.
2. 292. In its communication of 7 October 2008, the Government states that the Trade Union of Revolutionary Workers of the New Millennium of the INLACA Corporation (of which these trade unionists were members) submitted a list of members which did not contain the minimum number of 40 members’ names required to form an association, and that the labour inspection authority set a deadline of 30 days to remedy that situation and refused to register the union for failing to do so.
3. 293. The Committee wishes to recall that the questions which remained pending concern not the registration of the union but the dismissal of three trade union members, who had initiated legal proceedings against dismissal (Otiel Montero, Guido Siviria and Orlando Acuña). The Committee reiterates its request to the Government to send the text of the relevant rulings. The Committee greatly regrets that, despite the fact that the allegations date from 2001, it still does not know whether or not rulings on those dismissals have been handed down, and once again draws the Government’s attention to the fact that justice delayed is justice denied.