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CIS
Boulevard Universitario #4
Colonia El Roble
San Salvador, El Salvador
Centroamérica
Tel/FAX: +503 226-2623
cis_elsalvador@yahoo.com
Banner of Anti-Terrorism Being Used to Attack Workers in Order to Plunder National Resources for Private Profit: The Case of SITEAIES
October 29, 2001
The wealthy elite is using the events of September 11 to implement economic policies that benefit the rich and hurt the poor majority. Combating "terrorism" is used as a blanket excuse to mercilessly carry out policies that plunder national public resources and enrich only a few individuals. Unions, social justice organizations, and the FMLN have all been conveniently attacked by fabricating incredulous links between those who struggle for social justice and international terrorism. The magnitude of the events of September 11 were so great that they allow not only the "justification" to militarize airports and ports but also to fire civil workers trained in security, principally attacking union members who resist neo-liberal plans.
Specifically, STISSS (the union of ISSS - the public health insurance network for public employees), the Port of Acajutla worker's union, and SITEAIES (Workers Union for the Establishment of the International Airport of El Salvador) have all come under attack.
Background
Recently, ANEP (National Association of Private Businesses) held its conference, ENADE, where it evaluated the past year and established their plan for the next year. In their evaluation ANEP lamented the fact that some of their principal goals for this last year were not accomplished: 1) the privatization of the ISSS; 2) the privatization of the Port of Acajutla; and 3) the privatization of the El Salvador International Airport.
In response to ANEP urging the government to privatize the airport, SITEAIES began a public educational campaign. On September 6, the union published a paid aid in the Diario de Hoy, one of the major dailies of El Salvador. SITEAIES also prepared a document that contains evidence that the privatization of the El Salvador International Airport is unnecessary because: 1) it is property of the people of El Salvador; and 2) the airport is modern, efficient, profitable and competitive. Some of the highlights include: 1) since 1994 over US $66 million dollars have been invested in modernizing and expanding the airport; 2) despite the amplification there are less workers now than before the modernizing process; 3) the airport produces profits that goes back to the state; 4) the El Salvador International Airport is the most modern in Central America. Now that the public, through the state, has made the airport modern, profitable, efficient and competitive the elite wants to steal the public profits for themselves.
However, ANEP/the executive government had a plan and they began to carry it out. Starting September 11, the Armed Forces of El Salvador reinforced security in the airport. Neither the workers nor the union objected to this measure. Then, on September 23, the armed forces and an elite immediate reaction group of the police force unarmed the airport security workers at gunpoint. Using military force they expelled the workers from the air terminal and only explained that they were fired. Then on September 24, the armed forces and the police did not let the cargo or maintenance workers, all of which belonged to the union, onto the site. Therefore, workers from the cargo, maintenance, and security sections were prevented from working. On September 25, the military announced that only the maintenance workers could enter the work site and that the rest, the 154 cargo and security workers, were fired.
The workers placed a complaint in the Ministry of Labor on the grounds that CEPA, the Executive Autonomous Port Commission, violated Art. 228 of the Work Code which refers to the illegality of forcibly preventing workers to work and Clause 32 of the Collective Work Contract which refers to the job stability.
However, the government's mind had already been made up and they ruled in favor of CEPA in a process marked by irregular practices.
Violating the Law
At first, CEPA and the government argued that the actions were legitimate on the grounds of art. 33 of the Work Code. But art. 33 only legitimizes the interruption of work on in the case of "lack of raw materials, machinery, or something similar" (unofficial translation). This is not the case at the airport. CEPA and the government are not arguing on the grounds of force majeure. However, art. 221 of the Constitution establishes that "the militarization of civil public services will proceed in case of national emergency", but a national emergency has never been declared.
Furthermore, it has clearly been a direct attack against the union since all the affected workers are union members of SITEAIES. El Salvador is a signatory of the Treaty 111 of the International Labor Organization (ILO) and in addition art. 30 of the Work Code establishes that it is prohibited that employers "by direct or indirect means, discriminate workers for being union members." (Unofficial translation). In addition, art. 37 of the Constitution establishes that one's work is "protected by the State".
The Collective Work Contract of the union was also violated. Clauses 32 and 33 of the contract guarantee job security and respect for the union immunity. In addition, art. 66 of the contract establishes a mechanism in case of labor conflicts, such mechanism was ignored.
In addition, as the complaint to the ILO points out, "El Salvador is one of the countries that has not ratified treaties 87, 98 and 151, however, these treaties are obligatory to observe according to the 1998 declaration relating to work principals and fundamental rights. According to the declaration 'all member nations of the ILO must respect, promote, and apply' such principals and rights."
Meanwhile, over a month has passed since the workers have been fired and they, the workers, nor their families are receiving any income. Many workers live near the airport, which is a region noted for its poverty and being neglected therefore making their jobs quite precious. CEPA has been taking advantage of, and manipulating, the workers situation in order to continue with the destruction of the union. According to Joaquín Campos, General Secretary of SITEAIES, they are pressuring the fired union members to sign and receive indemnizations which gives the family a small lump sum of money that is very much needed but also legitimizes the actions of CEPA and the government. Henceforth, they will never get their job back. According to Campos, CEPA has also been telling the remaining union members still working that they have to decide between their job and the union and are providing transportation for workers to go to the Ministry of Labor to resign from the union. Furthermore, union members have been followed by undercover police and have received threatening phone calls.
What Can You do? Take Action
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Write, Call, Fax the President of CEPA and demand that all the workers be allowed back to their jobs.
Comisión Ejecutiva Portuaria Autónoma CEPA
Presidente Ing. Ruy César Miranda G.
Edif. Torre Roble, Blvd. Los Héroes, San Salvador
Tel. 260-3320, 260-3285 Fax. 260-3321
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Write, Call, Fax President Flores demanding that the workers be reincorporated into their jobs.
Presidencia de la República de El Salvador
Lic. Francisco G. Flores Pérez
Casa Presidencial, San Jacinto, San Salvador
Tel. 271-1555 Fax 271-0950
Sample letters follow.
Dear ----------------,
I write to you today regarding a very important matter: the firing of the 154 workers of the El Salvador International Airport. I am aware that the current global situation requires special attention to make flying safe for the world's citizens and I wish you the best in such endeavor. However, I do not believe that the current situation should utilized in order to create private profit at the expense of public benefit.
I am aware of the sequence of events regarding the case of SITEAIES and it is very worrisome. I am aware that the airport security was isolated at gun point and that the military and police have/are prohibiting cargo and security workers from carrying out their duties. I am aware that art. 33 of the Work Code does not justify the actions taken against the workers since it refers to a lack of materials. I also understand that the reasons of force majeure are not appropriate since no national emergency has been decreed. I also know that treaties 87, 98, 111, and 151 of the ILO, which all member nations must respect and apply, have also been violated. In addition, articles 32 and 33, which refer to job stability and union immunity, have been violated and art. 37 of the Constitution of El Salvador establishes that workers have the protection of the State.
For these reasons and because in times like these it is necessary to have those individuals with experience part of the security team I ask you to take all steps necessary to insure that those workers be allowed to carry out their work. Prohibiting unions from carrying out their conventions, and some members have even received threats, does not produce an atmosphere of democratic peace and stability. This situation does not reflect well upon the country, as it appears that the current global situation is a benefit for accomplishing the goals of a certain private sector. I hope that you can take the appropriate measures to rectify this situation.
Sincerely,
Your name.
Estimado ------------,
Le escribo en relación a un asunto muy importante: el despido de 154 trabajadores del Aeropuerto Internacional de El Salvador. Soy consciente de que la situación internacional actual requiere medidas especiales para hacer el volar seguro para los ciudadanos del mundo y le deseo lo mejor en la realización de tal esfuerzo. Sin embargo, no me parece correcto que la situación actual sea usada para sacar provecho en detrimento del beneficio público.
Estoy al día de los hechos relacionados con el caso SITEAIES y me parece muy preocupante. Estoy informad@ de que la seguridad del aeropuerto fue aislada a punta de pistola y de que el ejército y la policía han estado y están impidiendo que los trabajadores de seguridad y del cargo desempeñen sus responsabilidades. El artículo 33 del Código de Trabajo no justifica las acciones tomadas en contra de los trabajadores, porque dicho artículo sólo sería aplicable en caso de falta de materiales. Además, no se puede hablar de razones de fuerza mayor porque no se ha decretado un estado de emergencia nacional. También sé que los tratados 87, 98, 11 y 151 de la OIT, los cuáles deben ser respetados e implementados por las naciones miembros, han sido violados. Además, los artículos 32 y 33, que se refieren a la estabilidad de los puestos de trabajo y a la inmunidad de los sindicatos, han sido también violados, así como el artículo 37 de la Constitución que establece la obligación del Estado de defender a los trabajadores.
Por estas razones y porque en momentos como este es necesario tener a estos trabajadores con experiencia como parte del equipo de seguridad, le pido que tome las medidas necesarias para asegurar que a estos trabajadores se les permita realizar su trabajo. Prohibiendo a los sindicatos que lleven a cabo sus convenios (algunos de los miembros de los sindicatos hasta han recibido amenazas) no facilita una atmósfera de democracia, paz y estabilidad. Esta situación parece que está beneficiando a algunos sectores privados, ayudándoles a alcanzar sus objetivos. Espero que usted tome las medidas apropiadas para rectificar esta situación.
Atentamente,
Su nombre.
For more information, please email us at cis_elsalvador@yahoo.com or write us at:
CIS
Colonia El Roble
Boulevard Universitario
Casa #4
San Salvador, El Salvador, C.A.