99
law, pointed out that “the right to unionise was affected not so much as to any denial
of its existence, but as to its general practice” (This translator's version of the
quotation) thanks to Law 25. In like manner the witness Manrique Mejía expressed
at said public hearing that he had been dismissed on December 11, 1990, because
of his participation in the December 5, 1990, work stoppage, without being able to
benefit from the due process to which he was entitled by his trade union status,
despite the fact that he had “a permanent [labour union] permit allowed by the law,
that is [his] work was at the labour union headquarters”. Furthermore, in some of
the newspaper clippings that constitute the documentary evidence in the instant
case, it is remarked that most of the workers dismissed were labour union leaders,
which was, therefore, a public and notorious fact.
162. The ILO Labour Union Freedom Committee, in solving case N° 1569, a
decision that is recorded as part of the evidence of the record before this Court,
considered that “the massive dismissal of labour union leaders and workers of the
public sector because of the December 5, 1990, work stoppage, is a measure that
can seriously impair the possibilities for action of the public sector trade union
organisations at those institutions where they are in existence,” and that,
consequently, such dismissal was a serious violation of Agreement N° 98 relative to
the application of the principles of the right to unionise and to collective
negotiation.60
163. For its part, the ILO Committee of Experts on the Application of Agreements
and Recommendations, in solving case N° 1569, as shown on the referenced
resolution of the Labour Union Freedom Committee, asked the State to derogate Law
25, “on which the massive dismissals were based, since it felt that it seriously
attempted against the exercise of the right of public workers associations to organise
their activities.”61
164. Concerning the alleged intervention of the State in the management of trade
union funds, the ILO Labour Union Freedom Committee pointed out, in the already
mentioned resolution (supra para. 162), that “the trade union funds must be
managed by the leaders designated by the trade union by-laws and without any type
of interference [since] it is the members of the trade unions who should decide
whether the trade union leaders should maintain the right to manage the funds of
the organisations,” and requested the State to allow “the trade union leaders of the
SITIRHE access to and the management of the trade union dues, according to trade
union by-laws and without any type of interference.”62
165. Concerning the alleged takeover of workers association premises by the public
force and the alleged looting of their facilities, said Committee, in the already cited
resolution (supra para. 162), reminded the State “that the necessary corollary of the
inviolability of trade union premises is the impossibilitiy of public authorities to
demand that they be allowed to enter into such premises without a court order
60
cfr. ILO. Resolution of the Labour Union Freedom Committee in Case N° 1569 “Complaints
against the Government of Panama filed by the International Confederation of Free Trade Unions (ICFTU),
the Workers Union of the Institute of Water Resources and Electric Power Institute (SITIRHE) and the
Workers Union of the National Teleccommunications Institute (SITINTEL),” para. 143.3.
61
cfr. ILO. Resolution of the Labour Union Freedom Committee in Case N° 1569, supra note 60,
para. 143.6.
62
cfr. ILO. Resolution of the Labour Union Freedom Committee in Case N° 1569, supra note 60,
para. 145 and 146.d.
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