be declared inadmissible in accordance with Article 47(a) of the Convention, in relation
to Article 46(a) thereof.
23.
The State says that it took steps to provide reparations to all the
former workers who were dismissed irregularly from 1990 to 2000—approximately
28,000. To that end, it said that on July 28, 2002 Law No. 27803 was published
implementing the recommendations of the commissions created pursuant to Law Nos.
25452 and 27586. That Law, according to the State, established a special program of
benefits for the workers dismissed irregularly, who would have the option of one of the
following benefits: (i) rehiring or job replacement; (ii) early retirement; (iii) monetary
compensation; or (iv) vocational training and job retraining.
24.
The State claims that Empresa Nacional de Puertos S.A. (ENAPU)
strictly complied with the legal provisions for cases of rehiring former workers who
were dismissed in what was considered an irregular manner and, in accordance
therewith, has gradually hired them back. In that regard, the State reports that of the
28 initial alleged victims, 20 had been hired back, and 19 of them were still working for
the company.10 The State alleges that in accordance with the decision of the Ministry of
Labor and Job Promotion, ENAPU had only to rehire persons on the list of workers
dismissed irregularly, as was the case of the petitioners.
25.
The State maintains that three petitioners in the original group of 28
were deceased and that “it had learned that two of the 28 petitioners (Juan Carlos
Marraguerra Ayllon and Eduardo Rivadeneyra Alva) were residing abroad, which made
it difficult to locate them and this meant that they did not necessarily need to be hired
back”.
26.
Based on these considerations, the State concludes that it has taken
the legislative and administrative steps to address the complaints of the former
workers from ENAPU, S.A. According to the State, the individuals that had not yet been
rehired could opt for a measure not set forth under Law No. 27803 and, “therefore, as
there were domestic remedies that had not been exhausted, the State considers that
the complaint does not meet the admissibility requirements.”
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence of the Commission ratione materiae, ratione personae,
ratione loci, and ratione temporis
27.
Under Article 44 of the American Convention, the petitioners are
authorized to lodge a complaint with the Commission. The petition names as alleged
victims 25 individuals whose rights under the American Convention the Peruvian State
had undertaken to respect and guarantee. 11 Peru has been a State Party to the
10 The State said that the resolution to rehire Alfredo Pio Vásquez Colacci was null and void because he was
receiving a disability pension from the Office of Professional Standardization.
11
The petitioners initially identified 28 alleged victims. Subsequently the petitioners notified the
Commission that three of the persons said they were not interested in proceeding with the processing of the
case before the Commission (Cfr. Note 1). As a result, according to the lists submitted by the
representatives for the victims, the IACHR notes that the petition names the following alleged victims: Víctor
Acuña Dávila, Alberto Esteban Antonio Chala, Justo Esteban Azcárate Noguera, Abraham Cano Rebaza,
Marco Antonio Castro Martinez, Gladis María Delgado Arriola, Rogelio Delgado Quijano, David Desiglioli
Sánchez, Juan Leslie Espinoza Eyzaguirre, Jorge Federico García Farías, Carlos Alberto Lizarbe Nieto, Nancy
Giomar Mac’Gregor Alvis, Juan Carlos Marraguerra Ayllon, Honorato Mayorga Blanco, Ernesto Meza Vargas,
José Ricardo Nolasco Milla, Fernando Antonio Padilla Cancino, Cecilio Alberto Ríos Rodríguez, Eduardo
6