Rapport intérimaire - Rapport No. 81, 1965

1. 204. The first complaint from the Latin American Confederation of Trade Unionists (C.L.A.S.C) is contained in a communication dated 24 November 1964. It was transmitted to the Government, and the latter communicated its observations on 5 January 1965. The complainants presented a new complaint, together with additional information concerning the first, by a communication dated 23 December 1964, with regard to which the Government has not yet furnished its observations.
2. 205. Ecuador has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 206. In its communication of 24 November 1964 C.L.A.S.C declares that the Ecuadorian Confederation of Catholic Workers (C.E.D.O.C) is being systematically subjected to discrimination and persecution which constitute an infringement of freedom of association. In September 1964 trade union leaders Francisco Checa and Carlos Aroca were imprisoned in Machachi after they had been apprehended attending a meeting of peasants convened to found a peasants' league for that locality. At approximately the same time in Naranjito trade unionists Pedro Moreno Rocha, Carlos Idovro Vergara and Mesias Zamora Pérez were incarcerated for distributing leaflets to peasants with the aim of convening a meeting to found another peasants' league. At a later date, in the province of Chimborazo, the civil and military chief of the area imprisoned a number of peasant leaders for forming a trade union on the Huayllamba estate and campaigning for their rights; he also threatened the C.E.D.O.C leaders in the province, sending a telegram to C.E.D.O.C reading as follows: " Owner Huayllamba estate settled problems fairly. Demagogic party campaign you are conducting cannot be tolerated in any circumstances. Extremist agitators in your service will be treated as they deserve." The complainants conclude their communication by declaring that the Ministry of Labour is pursuing a policy which is especially discriminatory against C.E.D.O.C, and that in some areas the authorities prohibit trade union meetings and have also abolished the right to strike.
2. 207. In its reply dated 5 January 1965 the Government declares that C.E.D.O.C has never been subjected to any discrimination whatsoever, nor have its leaders been persecuted. This organisation enjoys the same safeguards for pursuing its trade union activity as the other workers' associations formed in compliance with the law and recognised by the Government. Furthermore, the Government rejects the allegation that a military chief used force to defend the estate owners. The Huayllamba estate case was finally settled by the intervention of an official sent by the Director-General of Labour, and the agreement between employer and agricultural workers was signed. Unfortunately, the trade union backed by C.E.D.O.C, deviating from its specific objectives, engaged in incitement to violence and thus brought about the subsequent intervention of the police authorities after the labour aspect of the problem had been solved.

B. B. The Committee's conclusions

1. 208. The Committee observes that the Government in its reply makes no reference to the specific allegations contained in the complaint regarding the imprisonment of Francisco Checa, Carlos Aroca, Pedro Moreno Rocha, Carlos Idovro Vergara and Mesias Zamora Pérez. With reference to the detention of a number of trade union leaders at the Huayllamba estate the Government declares that the labour problem which had arisen had already been settled and that it was the subsequent conduct of the trade union which had brought about the intervention of the police authorities.