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. 41. The Committee examined this case at its meeting of November 1997 (see 308th Report, paras. 35-38) when it noted that the Government had not provided the information requested concerning the following recommendations:
   • -- The Committee requests the Government to take the necessary steps to carry out an independent inquiry to look into the allegations concerning the death of the trade unionist, Mrs. Julia Esperanza Quintanilla (according to the complainant organization the management of the enterprise refused the trade unionist the possibility of seeking medical assistance), and in the event that these facts are confirmed, to bring appropriate action before the courts in order to determine responsibilities and punish the guilty. The Committee requests the Government to keep it informed in this respect.
   • -- As regards the alleged arrests (by the security staff in the enterprise) of a member of the trade union executive, two workers of the Sanobang Wool Apparel El Salvador S.A. enterprise and Mr. Elisio Castro Pérez, secretary-general of the trade union of the textile factory, Mandarín International, as well as the physical attacks on the trade union official of the same trade union, Mrs. Marta Rivas (both events allegedly occurred on 15 May 1995), the Committee requests the Government to take steps to carry out an inquiry into these allegations and, if it is ascertained that the trade unionists in question were unlawfully deprived of their freedom -- even for a short period of time -- and that Mrs. Rivas was physically attacked by the security guards of Mandarín International, to bring appropriate action before the courts so that the guilty should be duly punished. The Committee requests the Government to keep it informed in this respect.
   • -- The Committee requests the Government to carry out as a matter of priority an inquiry concerning the threats made against trade unionists in two enterprises noted in the allegations in the free zones and to ensure that effective protection is provided for the workers in these enterprises. The Committee requests the Government to keep it informed in this respect.
2. 42. The Committee, in November 1997, took note of the large volume of documentation sent by the Government on the different stages of the legal proceedings on the illegal occupation of the workplace, resistance to public authorities and abusive use of the right to strike and to work against the trade union official Mr. Huezo.
3. 43. In communications of 28 May and 3 July 1998, the Government informed the Committee that Mr. Huezo had been acquitted of the charges of abusive use of the right to strike and to work and resistance.
4. 44. The Committee takes due note of this information. The Committee requests the Government to keep it informed of the outcome of the other charges against Mr. Huezo concerning false testimony, sequestration, murder threats, illegal detention, defamation and damages and interest. Finally, the Government urges the Committee to provide the information requested regarding the other allegations.