35
association by Consuelo García-Santa Cruz was directly related to the trade union demands
of the miners and the dissemination of the rights of women miners.101 As a member of the
said Women’s Center, she took part in the national mining strikes in 1988. Among other
activities, the Center organized literacy courses for the mining women and children;
supported community kitchens for the mining families; and promoted health care activities
for them.102
144. Article 16(1) of the Convention establishes that those who are subject to the
jurisdiction of the States Parties have the right to associate freely with other persons,
without the intervention of the public authorities limiting or obstructing the exercise of this
right. In addition, they have the right and the freedom to associate in order to seek
together a lawful purpose, without pressure or interference that can alter or denature this
purpose.103 In addition to these negative obligations, freedom of association also gives rise
to positive obligations, such as to prevent attacks on it, to protect those who exercise it,
and to investigate violations. These positive obligations must be adopted, even in the
sphere of relations between individuals, if the case merits it.104 As it has determined in
other cases, the Court considers that the sphere of protection of Article 16(1) includes the
exercise of the right to organize trade unions .105
145. The ILO Committee on Freedom of Association has stated that some trade union
rights cannot be exercised when impunity exists in situations of trade union violence
characterized, inter alia, by extrajudicial executions.106
146. The State must guarantee that people can freely exercise their freedom of
association without fear that they will be subjected to any violence; otherwise, the ability of
groups to organize themselves to protect their interests could be reduced.107 It is worth
noting that when examining a complaint against Peru (supra para. 57), which included the
report on the execution of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz, the ILO
Committee on Freedom of Association considered that an environment of violence
constituted a grave obstacle for the exercise of freedom of association.108 Freedom of
association can only be exercised in a situation in which the fundamental human rights are
fully respected and guaranteed, in particular the right to life and safety.109 The Court
underscores the State’s obligation to investigate crimes against union leaders effectively
and with due diligence, bearing in mind that the failure to investigate such facts has an
101
Cf. testimony given by Rosa Amelia García-Santa Cruz widow of Valverde during the public hearing held
before the Inter-American Court on January 23 and 24, 2007; newspaper article entitled “Fuerza and ternura”
published in the magazine “Sí” of the week of February 20 to 27, 1989 (file of preliminary exception, merits,
reparations and costs, page 922); newspaper article entitled “Testigo puede identificar a los asesinos” published in
the newspaper, “Diario La República” on February 15, 1989 (file of appendixes to the application, appendix 1(1),
page 138).
102
Cf. testimony given by Rosa Amelia García-Santa Cruz widow of Valverde during the public hearing held
before the Inter-American Court on January 23 and 24, 2007; newspaper article entitled “2,000 policías a la caza
de los asesinos” published in the newspaper, “Diario La República” on February 15, 1989 (file of appendixes to the
application, appendix 1(1), page 140); newspaper article entitled “Consuelo García fue asesinada” published in
“Doble Jornada” on March 6, 1989 (file of appendixes to the application, appendix 1(1), page 201).
103
Cf. Case of Baena-Ricardo et al. v. Panama. Judgment of February 2, 2001. Series C. No. 72, para. 156.
Cf. also Case of Huilca-Tecse v. Peru, supra note 94, para. 69.
104
Cf. Case of Huilca-Tecse v. Peru, supra note 94, para. 76.
105
Cf. Case of Huilca-Tecse v. Peru, supra note 94, para. 77.
106
Cf. Report of the Committee on Freedom of Association of the International Labour Organization, No. 337
with regard to Colombia, supra para. 48, paras. 535 and 539.
107
Cf. Case of Huilca-Tecse v. Peru, supra note 94, para. 77.
108
Cf. Report of the Committee on Freedom of Association of the International Labour Organization, No. 278
with regard to Perú, supra para. 48, para. 237.
109
Cf. Case of Huilca-Tecse v. Peru, supra note 94, para. 75.
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