15 43. According to the Decree-Law, the members of the Industrial Community had the right to elect the workers’ representatives on the Board,38 an also the members of the Community Council.39 To this end, every year the General Assembly appointed an electoral committee, 40 which was responsible for holding elections for the members of the Community Council and the representatives on the company’s Board for each term.41 The Electoral Committee was also responsible for holding any elections required to elect replacements in cases of resignation, vacancy or removal. The Committee was composed of employees and manual workers in proportion to their total number in the company.42 44. In the specific case of Ceper-Pirelli S.A., the Electoral Committee for the period 1988-1989 was composed of five persons, two of them were employees and held the positions of Secretary and First Member of the Committee, 43 and three manual workers.44 Mr. Lagos del Campo was a representative of the manual workers and also held the position of president of the Electoral Committee. The elections to appoint the members of the Electoral Committee were held on just one day, without affecting working hours, following a procedure established in the Rules of Procedure; that is, by individual, secret, universal and compulsory vote.45 45. At the time of the facts, Industrial Communities and labor unions were governed by different regimes. In particular, it was expressly established by law that, under the Industrial Community, the worker’s tenure depended on the existence of the industrial company and his status as a permanent employee while, in the case of the labor unions, their constitution was voluntary and subject to the decision of workers who wished to defend their interests before their employer. In addition, the creation, composition and funding formalities of these two regimes were different. In particular, they had different objectives. The purpose of the Industrial Community was to allow the workers to participate in the ownership, management and profits of 38 Article 61 of the Decree-Law in force at the time of the facts. 39 Article 16 of the Decree-Law in force at the time of the facts. Article 26 of the Decree-Law in force at the time of the facts established: “Article 26. Each year the General Assembly shall appoint an electoral committee, which shall be responsible for holding elections for the members of the Community Council and the representatives on the company’s Board, for each term, as well as those elections that are necessary to elect replacements for any of them in cases of resignation, vacancy or removal pursuant to the law and the Statutes, for the time remaining to complete the corresponding term.” 40 Article 23 of the Decree-Law in force at the time of the facts established: “Article 23. It is the responsibility of the General Assembly of the Industrial Community : (a) To rule on the management, accounts and financial statements of the Community; (b) To adopt the Community’s Statute and amend it when necessary; (c) To request the competent authority to investigate the actions of the Community Council; (d) To order audits of the Community’s patrimony; (e) To appoint the Electoral Committee for the election of the members of the Community Council and the representatives on the Board; (f) To remove the President and other members of the Community Council; (g) To remove the workers’ representatives on the Board; (h) To revoke the Community Council’s agreements or decision when these are contrary to the law or the Community’s Statute; (i) To appoint the Community’s Liquidation Committee in case of liquidation; (j) To take decisions in cases in which the law or the statute so establishes, or in any other important matter related to the Community, and (k) To adopt the annual investment plan for the patrimonial participation of the Industrial Community.” 41 Article 28 of the Decree-Law in force at the time of the facts established: “Article 28. The number of members of the Electoral Committee shall be indicated in the Community’s Statute, and it shall be composed of employees and manual workers in proportion to their total number in the company. At least one (1) of the members must be an employee.” 42 President: Alfredo Lagos del Campo (Manual Worker), Secretary: Yolanda Ismodes Ramíres (Employee), First Member: Mercedes Mera Jiménez (Employee), Second Member: Teodomiro Vizcarra Salinas (Manual Worker), Third Member: Aristedes Quispe Altamirano (Manual Worker) (evidence file, annex 4 to the Merits Report, f. 11.). 43 Cf. Ministry of Industry. Communication No. 1526 ICTI/OGP-38. Inscription of the Electoral Committee. August 9, 1988. Annexes to the communication of the petitioners dated July 23, 1998 (evidence file, annex 4 to the Merits Report, f. 11). 44 Decree-Law 21789. Article 27. “The Elections shall be held on just one day and without affecting working hours, following the procedure indicated in the specific regime adopted by the competent body. The vote shall be individual, secret, universal and compulsory.” 45