Rapport intérimaire - Rapport No. 372, Juin 2014

1. 184. The Committee last examined this case at its March 2013 meeting, when it presented an interim report to the Governing Body [see 367th Report, approved by the Governing Body at its 317th Session (March 2013), paras 698–715].
2. 185. At its March 2014 meeting [see 371st Report, para. 6], since the Government had not sent its observations despite the time that had elapsed since the last examination of the case, the Committee made an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body at its 184th Session, it could present a report on the substance of the case at its next meeting, even if the requested information or observations had not been received in time. To date, the Government has not sent any information.
3. 186. El Salvador has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Workers’ Representatives Convention, 1971 (No. 135), and the Labour Relations (Public Service) Convention, 1978 (No. 151).

A. Previous examination of the case

1. 187. In its previous examination of the case in March 2013, the Committee made the following recommendations [see 367th Report, paras 698–715]:
   • (a) The Committee, deeply deploring and condemning the murder of union leader Mr Victoriano Abel Vega, requests the Government to provide information on the criminal proceedings initiated and to take all measures at its disposal to ensure that investigations are intensified to clarify the facts, identify the guilty parties and impose severe punishment upon them, with a view to preventing such types of criminal offences.
   • (b) Furthermore, as the complainant organizations have linked the murder of the union leader to his union activities, and in particular to his advocacy for the establishment of a union in the municipal services of San Sebastián (allegedly impeded by the dismissal of the union’s founding members and the silence of the labour administration concerning the trade union complaints), the Committee requests the Government to send its observations on the matter and to ensure that the workers in question are able to establish a trade union without restriction.
   • (c) Lastly, the Committee draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

The Committee’s conclusions

1. 188. The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not provided the requested information, even though it was requested to do so through an urgent appeal at its meeting in March 2014. The Committee requests the Government to be more cooperative in the future.
2. 189. In these circumstances and in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body], the Committee is obliged to present a report on the substance of the case without being able to take account of the information that it had hoped to receive from the Government.
3. 190. The Committee recalls that the purpose of the whole procedure established by the ILO for the examination of allegations of violations of freedom of association is to ensure respect for trade union rights in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of presenting, for objective examination, detailed and precise replies concerning allegations brought against them.
4. 191. The Committee recalls that the allegations in the present case refer to the murder, on 16 January 2010, in the city of Santa Ana, of Mr Victoriano Abel Vega (Secretary-General of the Union of Municipal Workers of Santa Ana (SITRAMSA). He died from multiple gunshot wounds after leaving the City Sanitation Services office, where he had gone to present a letter requesting permission to attend a union meeting of the Autonomous Confederation of Salvadorian Workers (CATS). The complainant organizations highlighted that, upon leaving the office, Mr Victoriano Abel Vega, who had already received death threats for his union activities, was killed by five persons who were waiting for him, and who drove away in a vehicle that was waiting for them. In its last examination of the case, the Committee took note of the Government’s statement to the effect that criminal proceedings had been initiated in relation to the murder.
5. 192. The Committee highlights the seriousness of the allegations, deeply deplores and once again condemns the murder of the trade union leader. The Committee regrets that the Government has still not sent the requested observations and additional information on this case, despite its extremely serious and urgent nature, which was specifically drawn to the attention of the Governing Body. The Committee therefore reiterates the recommendations made at its March 2013 meeting.