12.
The Commission took note of the information provided by the State and the
representatives. However, it considered it relevant that, “before ending the monitoring
of compliance with this aspect, the Court ask the State to provide information on the
mechanisms established to ensure the permanence of this course.”
13.
The Court takes note that, by Dean’s Decision No. 479-D-FD-2009 of April 22,
2009, it was decided, inter alia, “[t]o establish the ‘Cátedra Pedro Huilca’ human rights
and labor law course, permanently, to be offered by the Center for University
Extension Studies and Social Projection of the Faculty of Law and Political Science,”
and “to instruct [the said Center] to comply with this decision.” The Court assesses
positively the measures adopted by the State to establish a human rights and labor
law course entitled ‘Cátedra Pedro Huilca’ in the Faculty of Law and Political Science of
the Universidad Nacional Mayor de San Marcos. In the understanding that the course
will be offered permanently, the Court considers that the State has complied with this
obligation.
c)
Obligation to recall and to praise the work of Pedro Huilca Tecse
in favor of the trade union movement in Peru during the official May 1
(Labor Day) celebrations each year (first operative paragraph,
subparagraph (e), of the Judgment)
14.
The State advised that on April 29, 2008, at the Government Palace, during the
ceremony to award the Orden del Trabajo, the work of Mr. Huilca Tecse was praised.
It also indicated that, during the Labor Day celebrations held at the Government
Palace on May 1, 2010, “the work of Pedro Huilca Tecse in favor of the trade union
movement in [Peru]” was recalled, and that, on the website of the Ministry of Labor
and Employment Promotion an article was published recognizing the workers and
recalling “the valuable contribution made by the trade union leader Pedro Huilca Tecse
who devoted his life to the defense of labor rights.” Subsequently, the State indicated
that, through the Ministry of Labor and Employment Promotion, it had complied with
“recalling and praising Pedro Huilca Tecse during the official celebrations of May 1” for
his work “in favor of the trade union movement,” during the celebrations held on May
12, 2012, which were headed by the Minister of Labor and Employment Promotion.
The ceremony was attended by other national authorities, such as the Minister of
Health, the Minister of Energy and Mines, and other authorities in the sector. In
addition, in its last report, the State reiterated the content of Ministerial Decision No.
114-2005-TR and forwarded a video of the 2013 ceremony to award the Orden del
Trabajo.
15.
The representatives noted that the ceremony held on April 29, 2009, “which is
not Labor Day, cannot constitute the commemoration and commendation of the work
of Pedro Huilca, because he was merely named, without any mention of his trade
union work.” In addition, his next of kin were not invited and did not receive prior
notification of this ceremony and/or the mention of his name. To the contrary, they
appreciated that, during the celebrations of Labor Day on May 1, 2010, the State
commemorated Mr. Huilca Tecse; however, they added that the victim’s next of kin
were not invited to the ceremony. With regard to the Labor Day celebrations held on
May 12, 2012, during which the Minister of Labor and Employment Promotion recalled
the work of Mr. Huilca Tecse, the representatives stressed that the next of kin were
not advised or invited; thus, 20 years after the events, the next of kin had to organize
a private activity on May 1, 2012. They also noted that the Peruvian State had
referred to Ministerial Decision No. 114-2005-TR which establishes “that, as of 2005,
the ceremony to award the Orden del Trabajo will include a reference to Pedro Huilca
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