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temporary contracts, or contracts for personal services, and it weakened collective
bargaining, which, in practice, led to the virtual disappearance of the trade unions.
60(11) On July 7, 1992, the representatives of the general unions filed a complaint
against the State before the International Labour Organization (ILO) for applying a
labor reform which they considered violated the workers’ rights. Pedro Huilca Tecse,
as Secretary General of the CGTP, led the initiative. He was accompanied by
representatives of the Peruvian Workers’ Confederation (hereinafter “CTP”) and the
Union of Workers of the Peruvian Revolution (hereinafter “CTRP”).
60(12) Three days later, the three unions mentioned in the preceding paragraph
united with the Peruvian Workers’ Autonomous Union (hereinafter “CATP”) and called
for a manifestation on July 14, 1992, during which they planned to go public with
their claims for fair wages and work, and the suspension of the new law on collective
labor relations (supra para. 60(10)).
60(13) On July 19, 1992, Pedro Huilca Tecse told the newspaper, La República, that
the authorities’ reaction showed that the Government feared the measures taken by
the unions and he “challenge[d] the President of the Republic at the time, Mr.
Fujimori, to allow a meeting to be held in the Plaza Dos de Mayo and summoned
200,000 workers.”
60(14) On July 21, 1992, a 24-hour national strike was organized as well as a
manifestation convened by the four general unions, represented by Pedro Huilca
Tecse, Juan Bernaola, Alfredo Lazo Peralta and Juan Luna Rojas. The workers again
asked the Government to enter into a dialogue with labor unions, social
organizations and political parties. Also, among other requests, they demanded the
repeal of Decree Law No. 25,593 (supra para. 60(10)). During the following months,
there were several manifestations of teachers convened by the Peruvian Union of
Education Workers (hereinafter “SUTEP”) and health sector workers.
60(15) Despite the unions’ protests, the Government continued to reform the labor
laws with norms that, according to the workers, violated their labor rights.
60(16) In October 1992, Supreme Decree No. 011-92-TR was published, regulating
the Collective Labor Relations Act (supra para. 60(10)); it was strongly opposed by
the unions, because they considered it weakened their role in society.
60(17) From December 3 to 6, 1992, Pedro Huilca Tecse, as Secretary General of the
CGTP, attended the Annual Executives Conference (hereinafter “CADE”). During his
speech, he defended the Constitution, criticized the measured adopted by the
Government which put constraints on the labor sector, and claimed there was a need
to reach a national consensus which, starting with the labor problems, would be
capable of encompassing all the issues that were important for the country.
60(18) The President of the Republic at that time, Alberto Fujimori, also spoke during
this event. He assumed a critical attitude to the declarations of the alleged victim,
when he stated, inter alia, that “Peru [was] no longer a country where the leaders of
the CGTP or the SUTEP, or the hordes of Sendero Luminoso and the [Túpac Amaru
Revolutionary Movement], or the leaders of the traditional parties impose[d] their
will.”
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