A/HRC/32/36/Add.1
the life, personal safety or health of the whole or part of the population”.33 Furthermore,
CUT considers that the bill is conceptually flawed as it does not recognize trade unions as
key players for democracy. It is hoped that the bill will foster a better union culture with
bigger and stronger unions as, currently, trade unions in Chile are largely fragmented into
small weaker unions. According to CUT, the overall unionization rate is 14.6 per cent,
while collective bargaining coverage is only 8 per cent.
97.
At the time of the drafting of this report, the bill had not yet been adopted. The
Special Rapporteur urges the Government to address these remaining issues of concern
without delay, prior to adoption. He also urges the Government to continue to take
measures to bring its legislation into full compliance with ILO Freedom of Association and
Protection of the Right to Organise Convention, 1948 (No. 87) and Right to Organise and
Collective Bargaining Convention, 1949 (No. 98), as requested by the ILO Committee of
Experts on the Application of Conventions and Recommendations.
98.
It is also important that the Government ensure that all employers cease anti-union
activities such as targeting, blacklisting or firing workers for exercising their right to strike,
which demeans the right. The Special Rapporteur reminds Chile of its obligation under
international human rights law to ensure the right to strike. 34
99.
The Special Rapporteur believes it is equally important for the Government to
remain sensitive to the increasing use of contract employees on the part of businesses —
particularly State enterprises — and how this impacts workers’ right to association. While
the use of contract employees, in and of itself, is not a violation of the right to freedom of
association, widespread use of the practice can create a feeling of precariousness that would
degrade the right. Employers may also abuse outsourcing as a divide-and-conquer tactic to
keep workers in check, as in the case of the Federation of Copper Workers (FTC) and the
Confederation of Copper Workers (CTC) in El Salvador, which are openly at odds with
each other. This antagonism clearly stems, in part, from large imbalances in pay, benefits
and job security between the two groups.
100. Furthermore, the Special Rapporteur heard claims that 250 demonstrators who took
part in the road blockade in El Salvador and gave testimonies during the initial
investigation were subsequently fired by their outsourcing companies as a means of
retaliation. He conveyed these serious allegations to the Public Prosecutor, who said that his
office would investigate them. The Special Rapporteur calls upon all stakeholders involved
in the labour dispute that triggered this tragedy, including the Ministry of Labour, to engage
in a genuine dialogue to seek a sustainable solution.
IV. Conclusion and recommendations
A.
Conclusion
101. Chile has made remarkable progress in the last 25 years and will no doubt
continue to do so. It has made a most painful journey towards democracy, one that is
an inspiration for all peoples striving for democracy around the world. Chileans have
set a high standard for what they want to achieve in terms of human rights and, in
turn, the international community has high expectations for Chile in this regard.
33
34
Ibid.
See International Covenant on Economic, Social and Cultural Rights, art. 8.
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