Rapport définitif - Rapport No. 254, Mars 1988

1. 189. The Committee on Freedom of Association examined this case at its November 1987 meeting and presented an interim report to the Governing Body (see 253rd Report, paragraphs 343 to 356), which was approved at its 238th Session (November 1987).
2. 190. The Government sent additional information on the outstanding allegations in a communication dated 17 December 1987.
3. 191. Ecuador 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. Previous examination of the case

1. 192. After the last examination of the case one allegation remained outstanding: the arrest of Julio Chang, Secretary-General of the Ecuadorian Confederation of Free Trade Union Organisations (CEOSL), and other trade unionists, on the grounds of having called, together with other trade union confederations, a nation-wide strike on 25 March 1987 in protest against the excessive increase in fuel prices and transport costs.
2. 193. At its November 1987 meeting, the Governing Body approved the following recommendation:
3. The Committee requests the Government to provide it with specific information on the alleged arrest of Julio Chang and other trade unionists on 25 March 1987 and on the actual grounds for these arrests and to state whether legal proceedings have been instigated against them.
4. B. The Government's reply
5. 194. In its communication dated 17 December 1987, the Government sends additional comments on this case, in which it informs the Committee of the arrest of trade union officer Julio Chang and other trade unionists, who were sentenced to two days' imprisonment and who were released as soon as they had served the sentence handed down by the trial judge.
6. 195. The Government encloses with its communication a copy of the judgement containing the verdict of guilty dated 25 March 1987, which states that, according to publications in the various mass media during the period 23 to 25 March, Julio Chang Crespo, César Augusto Valverde Flores, César Nevil Quintero Aguirre, Armilo Quiñónez Sánchez, Efraén Robelly Cruz and Jorge Machare Sánchez publicly declared that the Government of the Republic presided over by Engineer León Febres-Cordero is an enemy of the workers and that the natural disaster which occurred in the north-east of the country was used as a pretext to enact economic measures directed against the people. The judgement states further that, considering that these assertions were rejected by editorials in the daily newspapers Hoy, Extra and Universo, and in view of the facts outlined above, it deems that the aforementioned persons "disseminated false information and rumours concerning the order currently prevailing in Ecuadorian society".
7. 196. The judgement which the Government encloses with its communication states further that "to declare that the President of the Republic has used the natural disaster as a pretext offends the national honour, all the more so since as a result of the natural disaster, which has inflicted damage on certain sectors of the population, they have received international assistance and attention". In view of these factors, the judgement sentenced Julio Chang Crespo, César Augusto Valverde Flores, César Nevil Quintero Aguirre, Armilo Quiñónez Sánchez, Efraén Robelly Cruz and Jorge Machare Sánchez to two days' imprisonment in accordance with section 606(13) of the Penal Code, to be served in the Social Rehabilitation Centre.

C. The Committee's conclusions

1. 197. The Committee notes the detailed information provided by the Government concerning this case, in particular that Julio Chang Crespo, the trade union officer who is the subject of this complaint, and other trade unionists have been released after serving a sentence of two days' imprisonment handed down by the trial judge for disseminating false information and rumours concerning the order currently prevailing in Ecuadorian society and for offending national honour. The sentence accords with the provisions of section 606(13) of the Ecuadorian Penal Code.
2. 198. The Committee would nevertheless recall the principle that the full exercise of trade union rights calls for a free flow of information, opinions and ideas and to this end workers, employers and their organisations should enjoy freedom of opinion and expression at their meetings, in their publications and in the course of other trade union activities. However, the Committee recalls in general terms that in expressing their opinions trade union organisations should respect the limits of propriety and refrain from the use of insulting language. (See 217th Report, Case No. 963 (Grenada), para. 538 and 244th Report, Case No. 1309 (Chile), para. 336(f).)