Ei-iE

After more than four difficult years, during which Education International supported its affiliate FENAPES (National Federation of Secondary School Teachers), a significant victory has been achieved for teachers in Uruguay. This marks the end of a long struggle against political and trade union persecution.

FENAPES recently announced that the General Directorate for Secondary Education (DGES) had overturned the sanctions imposed on six teachers from the Liceo 1 secondary school in San José for sharing photos expressing their opposition to the Living Without Fear campaign. The decision stirred mixed emotions, bringing relief and joy that justice had been served, along with sobering memories of those difficult times.

Unfair sanctions: a witch hunt against teachers

The dispute began in 2020, when the Secondary Education Council (CES) reopened an administrative investigation followed by summary proceedings that culminated in the sanctioning of six teachers. FENAPES leader José Olivera described the period as a “process of political and trade union persecution” by the previous education authorities. The original case, filed in late 2019, had been thoroughly reviewed and dismissed by the previous administration. It was, however, reopened with clear political motives linked to the change of government in 2020, leading to what FENAPES described as an arbitrary act of injustice.

The sanctions against the teachers were severe - 80 days’ suspension and lost wages that created significant financial distress. Worse still, the teachers were subjected to a policy of harassment and criminalisation. They were the targets of public scrutiny and defamation, causing them to suffer both professionally and personally. One of the teachers sanctioned, Florencia Bentaberry, who is General Secretary of the San José Teachers’ Association (APSJ), spoke of how deep the impact had been: “We felt persecuted, observed, watched. We practised self-censorship when doing our job.” This persecution, she emphasised, was a “violation of our basic human rights, such as freedom of expression” and was clearly politically motivated, coinciding with the start of the controversial “educational transformation”.

International solidarity in defence of rights

FENAPES and its allies did not stand idly by. On 1 March 2021, a major mobilisation was held in San José in response to the arbitrary summary proceedings. Although some of the teachers subjected to this unjust process (9 out of 15) were not ultimately sanctioned and even obtained financial compensation through the judicial system, the six teachers who were sanctioned, facing what they perceived as a lack of legal guarantees, turned to the international arena.

With crucial support from the PIT-CNT and Education International (EI), FENAPES filed a complaint with the Committee on Freedom of Association (CFA) of the International Labour Organization (ILO) in Geneva. In June 2023, the CFA issued a recommendation to the Uruguayan state, urging it to review the situation and ensure a balance between the human right to freedom of expression for trade union members and the protection of neutrality in education.

Despite initial obstruction by senior education officials, the unions persisted. In April 2024, FENAPES raised the issue again with the Ministry of Labour and Social Security, which initiated an administrative review of the sanctions.

Justice prevails: a blow to the methodology of fear

The review reached the conclusion that FENAPES had maintained from the outset: basic legal principles had been violated, and the acts committed were not only illegal but also violated fundamental principles such as not judging someone twice on the same charges, given that the situation had been reported at the end of 2019 and dismissed by the previous administration. As a result, the sanctions were revoked, the teachers’ career rights were restored and the unfair wage deductions were reimbursed.

Emiliano Mandacen, General Secretary of FENAPES, said the result was a “solid blow to the educational transformation” and its “methodology of fear”, which had been a core element of the previous administration’s approach. He emphasised that the victory reaffirms key educational principles that were trampled on during the previous government, such as academic freedom and secularism.

The power of solidarity and the fight ahead

This triumph is hailed as a collective victory, shared by FENAPES, the entire trade union movement, parents, students and a society that stood by its teachers. Ana Battaglino, one of the teachers who was sanctioned, clearly expressed this sentiment, saying: “No one is saved alone,” a message also shared by Florencia Bentaberry.

The solidarity received from teachers across Uruguay, from students, local community groups and the international labour movement, including Education International, was indispensable. José Olivera highlighted the “level of solidarity” and the “resistance to the veritable witch hunt organised by the authorities with total impunity”.

Although this victory is being celebrated, the struggle is far from over. As Ana Battaglino stated, “the fight does not end here”. At least one colleague in her branch remains unjustly sanctioned. FENAPES has pledged to continue fighting for the “6+1” case and for the complete dismantling of the “educational transformation”, which they consider a huge step backwards for public education.

“This victory not only rectifies a grave injustice but also serves as a strong testament to the resilience of teachers and the crucial power of collective action and international solidarity in defending human rights and the integrity of public education,” said David Edwards, General Secretary of Education International.

Supported by Education International, FENAPES remains steadfast, fully committed to the struggle for a more democratic and equitable education system for all.