Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 349, Marzo 2008

1. 584. The complaint is contained in a joint communication dated 7 May 2007 from the Trade Union Confederation of West Santiago (CONFESIMA) and the Federation of Engineering Trade Unions (FESIN), both of which sent further information in a communication dated 14 June 2007. The Government sent its observations by a communication dated 20 September 2007.
2. 585. Chile has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

1. 586. In their communications dated 7 May and 14 June 2007, CONFESIMA and FESIN allege that in March 2007 the permanent and subcontracted forestry workers of the Bosques Arauco enterprise, which belongs to a Chilean economic grouping, initiated collective bargaining in order to obtain better wages and improved conditions of work. In view of the show of unity by the workers, the enterprise agreed to set up a negotiating body.
2. 587. The complainant organizations state that on 30 April 2007, which was the deadline for reaching an agreement, more than 5,000 workers of the abovementioned enterprise began an indefinite strike since no agreement had been reached on two of the 23 points raised by the workers. The points of disagreement related to pay, with the workers asking for 40 per cent as opposed to the 4.5 per cent offered by the enterprise. The complainant organizations point out that in 2006 the enterprise recorded sales in excess of US$2,850 million, with profits of US$619 million, equivalent to nearly US$2 million profit per day, a 41 per cent increase over 2005. In the first quarter of 2007, it achieved profits of US$228 million, a 30 per cent increase over 2006.
3. 588. The complainant organizations point out that on 3 May 2007 more than 2,000 workers demonstrated in front of the Horcones plant belonging to Bosques Arauco in Arauco province. After demonstrations lasting five hours, the workers decided to block the road in front of the plant which links Arauco with the regional capital Concepción. This action lasted no longer than 15 minutes, as a result of the subsequent repression by the Chilean military police, a permanent presence there by order of the Ministry of the Interior, who subdued the workers with water cannon and tear gas and also used other armoured vehicles and troops armed with anti-riot and combat equipment. The workers were pursued and obliged to flee to a nearby forest.
4. 589. Around 10 p.m. – the complainants continue – the power supply was cut in the sector and, as part of the unrestrained repression of the workers, the military police proceeded to destroy a number of private vehicles in the vicinity which belonged to the workers. As a result, Mr Rodrigo Cisternas Fernández, aged 26 years and the father of a 5-year-old daughter, attempted to clear the police vehicles out of the way with a backhoe excavator used in forestry work. He actually pushed a vehicle equipped with tear gas launchers off the road. A group of police then opened fire on the excavator with submachine guns and pistols. The shots were fired from the side. Three shots killed Rodrigo Cisternas, one hitting him in the head, one in the knee and one in the chest. The worker died on the spot, practically executed before attempting to get out of the excavator.
5. 590. The organizations denounce the violations of trade union rights and consider that the Government committed a criminal act by involving armed state police in the strike, undermining the workers’ freedom of action and jeopardizing the exercise of freedom of association.
6. 591. Attached to the additional information sent by the complainant organizations are press cuttings and a draft agreement signed by 14 members of Parliament calling for the resignation of police, political and administrative officials in relation to the alleged occurrences (the draft was rejected by Congress).

B. The Government’s reply

1. 592. In its communication dated 20 September 2007, the Government issued a general statement that national legislation recognizes workers’ right to organize, in a series of legal standards and constitutional rules. Moreover, national legislation regards collective bargaining machinery as a regulated procedure designed to obtain better conditions of work and pay. Without going into detail, the Government continues, the national law contains the criteria laid down in Conventions Nos 87 and 98 of the International Labour Organization.
2. 593. The rights laid down in ILO Conventions Nos 87 and 98 recognized in national law enjoy effective protection through a system of inspection by the Labour Inspectorate, the National Labour Directorate and the judicial authorities. Protective regulatory standards enable the system to be implemented and enforced by means of administrative and judicial procedures.
3. 594. As regards the negotiating process referred to by the complainant organizations, the Government states that the incident which gave rise to the complaint occurred against the background of a complex process of negotiation, in which the Regional Labour Directorate of the eighth region of Bio Bio had an important mediating role, as described below. The process began on 2 February, the date on which the Forestry Union of Arauco (USINFA) (an umbrella organization of members of the Federation of Forestry Workers of Arauco (FETRAFOR), the Confederation of Forestry Workers of Chile (CTF) and the Forest Transport Coordination Office) presented the Bosques Arauco enterprise with a petition from the forestry workers of Arauco.
4. 595. The document was presented to the enterprise by means of a note to the enterprise manager. On 1 March 2007, the enterprise replied to the workers’ petition without agreeing to any of the demands they made and indicated its willingness to set up a working group. Considering this reply to be evasive, the workers notified the enterprise that on 6 March they would hold a workers’ meeting at which decisions would be taken on the issues raised.
5. 596. The enterprise replied on 7 March, reiterating its willingness to set up a working group to examine the forestry workers’ requests but without replying to the labour-related issues.
6. 597. At the meeting, the workers decided to mobilize the workers. This started on 12 March with a blockade of the Horcones plant of Bosques Arauco in Curanilahue, an action which involved a large group of workers. The Regional Labour Directorate consequently intervened as mediator with the aim of securing an agreement between the enterprise and the workers to enable the blockade of the plant to be lifted.
7. 598. The agreement enabled working groups to be set up involving Bosques Arauco and the workers represented by USINFA. Immediately, on 15 March, the labour authority put forward a proposal establishing an executive body comprising representatives of USINFA, Bosques Arauco and the Labour Directorate, under which four working groups would discuss specific aspects of the set of demands (harvesting, transport, working hours, working environment and safety). As regards the employees of other enterprises in the group (Aserraderos Arauco, Paneles Arauco and Celulosa Arauco), since Bosques Arauco was not in a position to negotiate on their behalf, the Labour Directorate took the necessary steps to obtain a reply from the authorized spokespersons for the industrial workers in order to set up a negotiating body to deal with their demands.
8. 599. The work of the groups went ahead as planned from 22 March to 18 April, with agreements being reached on all issues except pay. On 23 April, Bosques Arauco presented its pay proposal to the executive body. This comprised a guaranteed bonus equivalent to 4.74 monthly minimum wages (682,560 Chilean pesos) payable in 12 monthly instalments, plus minimum bonuses for Christmas and national holidays of 24,000 pesos on each occasion, with a guaranteed increase of 20,000 pesos for workers who were already receiving benefits.
9. 600. USINFA declared that it totally rejected the enterprise’s proposal, announcing that it would resume mobilization of the workers with the aim of achieving better results, especially for drivers, whose wage increase was 3.5 per cent, far less than the requested 40 per cent. Accordingly, the workers decided to mobilize on 30 April, with some 3,000 workers blocking the entrance to the Horcones plant.
10. 601. Given the enterprise’s refusal to negotiate with the workers, the Regional Labour Directorate asked the Archbishop of the city of Concepción to mediate. Even though the parties agreed to this, Bosques Arauco decided not to continue with negotiations, saying that it was for the service enterprises whose workers were on strike to continue the dialogue.
11. 602. A new offer was presented on 3 May, this time by the service enterprises, which consisted of a wage increase ranging from a minimum of 40,000 to a maximum of 53,000 pesos. The offer was rejected by the workers who were blocking access to the Horcones plant. At 7 p.m. the same day, these workers decided to blockade route No. 160, an action which resulted in the confrontation with the Chilean police force and culminated in the deplorable death of the worker Rodrigo Cisternas Fernández.
12. 603. After this regrettable event, the workers held a press conference to deplore the worker’s death, dialogue was resumed and an agreement was finally reached with the service enterprises on 6 May. The agreement consisted of an increase of 65,000 Chilean pesos for all workers, plus bonuses of at least 24,000 pesos for national holidays and Christmas, and the undertaking to initiate negotiations with the industrial workers in order to consider extension of the benefits to that area.
13. 604. Regarding the death of Mr Rodrigo Cisternas Fernández, the Government reiterates that on 3 May 2007 some 3,000 workers were blockading the entrance to the Horcones plant of Bosques Arauco. After rejecting the offer proposed by the service enterprises, the mobilized workers decided to block the road linking Curanilahue with Concepción, the capital of the eighth region.
14. 605. According to the information supplied by the authority responsible for public order, the Chilean police force, in response to the blockade, proceeded to clear the road, which led to clashes between the police and the demonstrators. During the demonstrations, in circumstances that were unclear, Mr Rodrigo Cisternas rammed two police vehicles with a front loader, injuring the police officers inside. The aforementioned worker died when police officers attempted to stop his attack on the police, reporters and cameramen who were present at the scene.
15. 606. The Government points out that these regrettable occurrences are the subject of a judicial investigation by an inspecting judge with special jurisdiction requested by the Chilean Ministry of the Interior, in view of the public outcry caused by an occurrence of this nature in addition to the gravity and harmful consequences of this occurrence, which call for prompt punishment. For the above reasons, the matter is being fully investigated.
16. 607. The Government regrets the death of Mr Rodrigo Cisternas Fernández and, as well as emphasizing that the events are being investigated by the judicial authorities, it stresses its willingness to keep the Committee informed in this respect with regard to progress made on pending court decisions, in accordance with the guidelines laid down in law.
17. 608. Finally, the Government emphasizes that the labour authority was always present in the negotiating process, seeking a beneficial solution for both parties.

C. The Committee’s conclusions

1. 609. The Committee observes that, in the present case, the complainant organizations allege that, in the context of a strike at the Bosques Arauco enterprise with demonstrations and the blockade of a road by the workers, the military police intervened using water cannon and tear gas, in addition to destroying private vehicles belonging to workers, and the worker Mr Rodrigo Cisternas Fernández attempted to clear the police vehicles out of the way with a backhoe excavator (as used in forestry work), actually pushing a vehicle equipped with tear gas launchers off the road. According to the complainants, a squad of police officers then opened fire with submachine guns and pistols on the excavator driven by Mr Rodrigo Cisternas Fernández, who received several bullet wounds (including one to the head) and died.
2. 610. The Committee notes the Government’s statements concerning the negotiation process between the parties to the collective dispute and concerning the presence and mediation of the administrative labour authority, as well as the fact that following the death of Mr Cisternas Fernández the parties reached an agreement. As regards the death of the striking worker Mr Rodrigo Cisternas Fernández, the Committee notes the Government’s statement to the effect that: (1) the judicial authority is investigating the facts and the ILO will be kept informed of all progress made; (2) on 3 May 2007, some 3,000 workers blocked the entrance to the Horcones plant of the Bosques Arauca enterprise and, after rejecting a new offer from the service enterprises whose workers were on strike, decided to blockade the road; (3) according to the information from the authority responsible for public order, the Chilean police force, in response to the blockade, proceeded to clear the road, which led to clashes between the police and the demonstrators. During the demonstrations, the Government goes on to say, in circumstances that were unclear, Mr Rodrigo Cisternas rammed two police vehicles with a front loader, injuring the police officers inside. The aforementioned worker died when police officers attempted to stop his attack on the police, reporters and cameramen present at the scene.
3. 611. The Committee deplores the death of the striking worker Mr Rodrigo Cisternas Fernández as a result of being shot by the police and also the injuries to a number of police officers. The Committee observes that the respective versions of the alleged events from the complainant organizations and the Government do not tally completely and therefore requests the Government to keep it informed of the outcome of the judicial investigation, while expecting that the respective responsibilities will be clearly defined and, if appropriate, that the penalties provided for by law will be imposed. In more general terms, the Committee underlines the importance of collective disputes being conducted and resolved peacefully within the framework of collective bargaining and also emphasizes that “in cases of strike movements, the authorities should resort to the use of force only in grave situations where law and order is seriously threatened” [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 644] and “the intervention of the police should be in proportion to the threat to public order” [see Digest, op. cit., para. 647]. On the other hand, the Committee recalls that workers’ organizations should respect legal provisions on public order and abstain from acts of violence in demonstrations.
4. 612. Taking into consideration that it has been obliged, in other cases concerning Chile, to examine allegations of violence between strikers and the authorities in connection with collective disputes, the Committee requests the Government to organize tripartite activities to examine this issue, and reminds the Government that ILO technical assistance is at its disposal, if it so wishes.