Extreme concern over violations of freedom of association and non-respect for social dialogue in several Latin American countries

IOE expresses its deep concern at the repeated violations of freedom of association of free and independent employers, and the lack of respect for tripartite consultation and social dialogue in several Latin American countries.

Executives of the most representative employer organisations in Latin America – all members of the International Organisation of Employers (IOE) – held a virtual meeting on 26 August to assess the current situation of free, representative and independent employer organisations in each of the Latin American countries. During this dialogue, IOE learned of the unacceptable obstacles to and lack of respect for social dialogue, as well as the threats and intimidation against certain employer organisations, undermining the role of free employer organisations in several countries, including COSEP in Nicaragua, ANEP in El Salvador, CEPB in Bolivia, and CONFIEP in Peru.

In Nicaragua, there are reports of persecution, intimidation, and repression against leaders of the Consejo Superior de la Empresa Privada (COSEP), including arrests of business leaders without due process and persecution of the business sector affiliated with COSEP, which remains willing to prioritise dialogue with the authorities. COSEP is hopeful about the change in the prison regime of its former president, who has been in detention for more than a year, and is seeking channels of communication to secure the release of all detained business leaders.

Meanwhile, a few months ago, the government of El Salvador made public its intention to systematically exclude Asociación Nacional de la Empresa Privada (ANEP) from social dialogue with verbal attacks on its leaders; the situation is worsening despite International Labour Organization (ILO) supervisory bodies calling on the government to respect freedom of association and tripartite consultation.

Bolivia has a strategy that puts excessive regulatory pressure on the formal business sector, which, except for minor, inconsequential meetings, has not been called upon by the government authorities to create spaces for dialogue where they can express their concerns and worries; on the contrary, this subjects them to the discretionary imposition of wage increases and the application of labour procedures that violate the constitutional principles of the right to defence and due process.

In Peru, the government is repeatedly violating and weakening the institutionality of the country's tripartite body, the National Council for Labour and Employment Promotion (CNTPE). It also ignores social dialogue by unilaterally and arbitrarily regulating matters contained in ILO Conventions 87 and 98, in which the Peruvian State committed to submit to tripartite dialogue. Beyond such commitment, the fundamental nature of these Conventions presents social dialogue as mandatory; therefore, Convention 144 is also being violated.

The clear violations of freedom of association and the disregard for tripartite consultation and social dialogue are contrary to the minimum requirements of internationally recognised and ratified instruments, such as ILO Convention 87 on Freedom of Association and Convention 144 on Tripartite Consultation.

IOE will follow up on each of the situations described to ensure full respect for freedom of association, freedom of enterprise, and the independence of employer organisations, as well as their role in genuine social dialogue undertaken in good faith. In this regard, IOE is considering, among others, the possibility of reporting the actions of the governments concerned to various United Nations bodies, including lodging complaints with ILO supervisory mechanisms and other international bodies. IOE has requested urgent intervention by the ILO Director-General in some of these cases, and will follow up on these requests by providing the recommendations of the ILO Commission of Inquiry to the Government of Venezuela as a reference.

*** IOE is the largest private sector global network, representing over 50 million companies through its 150 employer organisations. IOE is the sole representative of business in social and employment policy debates at the International Labour Organization (ILO), the United Nations, G20 and other global forums.