14
accepted by the State in its acquiescence, so the Court considers they are “proven
facts.”
The political and trade union activities of Pedro Huilca Tecse in Peru
60(1) Pedro Huilca Tecse was born in Cusco, Peru, on December 4, 1949.
60(2) From a very early age, he began working as a construction worker and, at 19
years old, he was already a branch leader of his trade union; shortly afterwards, he
was elected Secretary General of the Cusco Departmental Branch.
60(3) From 1976 to 1978, the alleged victim was the Secretary General of the
Workers Departmental Federation of Cusco. Subsequently, and for 12 consecutive
years, he was the Secretary General of the Peruvian Civil Construction Workers’
Federation (hereinafter “FTCCP”).
60(4) As of 1981, Pedro Huilca Tecse held different position in the leadership of the
Peruvian General Confederation of Workers (CGTP), until he was elected Secretary
General of this Confederation at its tenth National Congress held in March 1992.
Previously he had been Secretary General of the Latin American Federation of
Construction Materials and Wood Buildings Workers (hereinafter “FLEMACON”) and a
member of the Board of Directors of the Banco de la Vivienda [Housing Bank] and of
the Peruvian Social Security Institute, representing the workers.
60(5) Pedro Huilca Tecse’s willingness to enter into dialogue and find consensus
allowed him to have fluid communications with the directors of the Peruvian
Construction Chamber (hereinafter “CAPECO”), the Confederation of Private Sector
Business Institutions (hereinafter “CONFIEP”) and different governmental authorities.
Financial and labor policies in Peru from 1990 to 1992
60(6) Alberto Fujimori was elected constitutional President of the Republic of Peru in
1990.
60(7) In November 1991, Legislative Decree No. 728, entitled “Employment
Promotion Act” was enacted, modifying labor relations subject to the private sector
regime, with regard to individual employment relations.
60(8) On April 5, 1992, the President of the Republic, Alberto Fujimori, enacted
Decree-Law No. 25,418, setting up an emergency and national reconstruction
Government. This Government dissolved Congress and took over the Judiciary and
the Attorney General’s Office (Ministerio Público).
60(9) In this context, the members of the Colina Group, composed of members of
the Army, committed a series of human rights violations as part of the counterinsurgency policy that included the elimination of individuals who were perceived to
be against the regime.
60(10) In June, 1992, Decree-Law No. 25,593, known as the “Collective Labor
Relations Law”, was enacted; it concerned freedom of association, collective
bargaining and strikes. The law allowed labor intermediation; namely, the so-called
“services”; it curtailed the right to form trade unions, it allowed fixed term or
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