-103XI
ARTICLE
16 OF THE AMERICAN CONVENTION IN RELATION TO
1(1) AND 2 OF THE CONVENTION
(FREEDOM OF ASSOCIATION)
ARTICLES
287.
The Commission did not argue any violation of Article 16 of the Convention.
Arguments by the common intervener
288. The common intervener for the representatives stated in his closing arguments that
the State violated Article 16 of the Convention, an allegation that is not included in the
application filed by the Commission. The intervener indicated that:
a)
the members of the SITRAMUN-Lima negotiated collective agreements,
whereby they obtained labor stability and the transfer to the Union, for no
consideration, of a plot of land in Lima where a housing project would be
developed and the union offices would be built;
b)
418 Union workers were dismissed for their participation in a strike that
was declared illegal by the Municipality of Lima;
c)
the Municipality of Lima did not recognize the autonomy of the union
organization as it cancelled the effectiveness and validity of the union
registration duly entered on the Registro del Instituto Nacional de la
Administración Pública (Registry of the Public Administration National
Institute), as well as the validity of its governing board, thus disregarding the
validity of the union leaves obtained and ordering the illegal retention of the
contributions to the union made by the members of the SITRAMUN–Lima. The
State did not comply with its obligation to guarantee the members and leaders
of SITRAMUN the exercise of the freedom of association and union
representation they had under the legal system in force at the time;
d)
the judgments that ordered the reinstatement of the alleged victims
dismissed through irregular administrative proceedings “report the various
violations committed by the State, inter alia, to the right to freedom of
association and to union privileges.” In point of fact, the right of association or
affiliation does not exhaust the trade union freedom, but rather, these are
really an indispensable supplement to the other union rights. Trade union
privileges and immunities are “the set of protection measures that apply to
union leaders and union militants to protect them against any harm they may
suffer on account of their activity and which make the normal and effective
development of trade union activities possible.” It encompasses the protection
granted by law or by collective bargaining agreements to association or union
members, in order to protect them in the course of their union activities,
whether with respect to their employer, to the State or to their own fellow
workers.” Union freedom includes also the right to conduct union activities,
which are protected by Article 28(1) of the Political Constitution of Peru, and
by the ILO International Conventions No. 98 and No. 151, as well as by the
Universal Declaration of Human Rights, Article 23(2); and
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