By: Jocelyn Anctil
Impunity Watch News Staff Writer
SAN JOSÉ, Peru – After Peru commenced the privatization of state-owned companies in 1991, the government liquidated the Empresa Comercializadora de Alimentos S.A. (ECASA), along with the jobs of approximately three thousand employees. Although a salary increase was established through bargaining agreements, the government suspended them. In response, the dismissed workers of the ECASA filed an action of protection. The Supreme Court of Justice ruled in favor of the workers and ordered execution of its decision in February of 1993. The process for execution of this decision has remained open for twenty-six years. The Inter-American Commission on Human Rights referred the case to the Inter-American Court of Human Rights (IACHR) after finding that Peruvian judicial authorities failed to definitively resolve the issues.
Finally, the case was heard by the IACHR which reached a decision on June 6, 2024. The American Commission on Human Rights asked the IACHR to declare the State of Peru responsible for multiple violations of the American Convention on Human Rights, including the right to a fair trial. The IACHR agreed and ruled in favor of the workers. Article 25 of the Convention gives the right to judicial protection. The court found that in order for judicial protection to be effective, states must have the ability and mechanisms to execute final judgements. Peru is to pay $5,000 to each victim identified in the case. In case there are more victims unaccounted for, the court also stated Peru is to create a trade union register.
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This decision relates to a bigger issue: The Peruvian State has failed to enforce judgements against state entities since the 1990s. At a domestic level, courts often delay execution or do not execute the judgement at all. This creates complications as victims die while waiting for enforcement. Peru has not adopted or created the measures necessary to remedy this pattern and avoid future violations. As a result, the IACHR also urges Peru to hold a forum for debate and reflection to analyze the structural issues and allow the workers of ECASA and their family members involved in this case to participate. In an effort to decrease unreasonable delays and increase efficiency, the IACHR also ordered the Peruvian State to implement a mandatory training to inform judges who are unaware of how to handle and execute actions of protection.
For further information please see,
IACHR – Judgments – 24 Feb. 2025
OAS – IACHR refers case on Peru to the Inter-American Court – 11 Jan. 2021
Agencia EFE – CorteIDH condena a Perú por violar los derechos de trabajadores – 16 Nov. 2024
