Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Guatemala (Ratification: 1952)

A Government representative stated that the objective of achieving full respect for freedom of association, which was the reason why his country had ratified the Convention in 1952, was still relevant as a fundamental pillar for the development and reinforcement of collective bargaining, and he reaffirmed his commitment to this objective. Labour issues were at the centre of the Government's policies and touched upon practical issues, including the need to modernize labour legislation so as to harmonize it with the provisions of the ILO Conventions ratified by his country, the establishment of more responsive procedures and the strengthening of labour and business, especially in the current context of the country's participation in a globalized world.

The State had the obligation to prepare a fertile ground so that the Guatemalan people could accede to decent employment, have sufficient resources to satisfy basic needs and raise their standard of living, in an environment of respect for individual rights and access to the protection of an efficient social security system. The Political Constitution of the Republic envisaged a series of individual rights and guarantees for workers and ensured that these could only be improved upon and never reduced. These guarantees could be improved upon through collective bargaining. Moreover, international human rights Conventions and treaties, including those on labour law and freedom of association, were recognized as having supremacy.

He indicated that in April this year a high-level mission had taken place as recommended in the conclusions of this Committee in 2007 with encouraging results, resulting in the signature of an agreement in the framework of the Tripartite National Committee. Moreover, he informed the Committee of the existence within the Public Prosecutor's Office, of a Special Office of the Public Prosecutor for Offences against Journalists and Trade Unionists, which had been entrusted with the follow-up of the pending cases. It should be emphasized that there was no institutionalized policy of violence against trade unionists or any other social group, and that the Government had accepted its duty to facilitate the investigation of these cases with all available means.

Trade union rights, in the same way as the rights of every citizen, could only be exercised in a climate of peace and tranquillity, without an individual's actions being subject to any kind of violence, especially for the exercise of a legitimate right such as the right to associate, whether in respect of labour matters or in any other area. The report of the Committee of Experts referred to the specific case of the Secretary-General of the Union of Workers of the Quetzal Port Enterprise; he should recall that until now, the investigations carried out had not produced any proof of a murder as a result of trade union activities. The investigation was continuing in order to determine the true reason for the murder and to punish those responsible.

As for section 215(c) of the Labour Code, which established the need to have 50 per cent plus one of those working in the occupation to establish industry trade unions, as noted in the report of the Committee of Experts, it should be noted that draft texts already existed to amend the Labour Code along the lines indicated by the Committee of Experts.

With regard to the delay in or the refusal to register trade unions, the legislation did not allow such a refusal vis-à-vis any trade union unless it failed to comply with a requirement provided for in the law. In cases where a formal requirement had not been met, the omission was rectified by giving the opportunity to the applicants to comply with the requirements. Moreover, work was being undertaken to reform and modernize the labour legislation, while maintaining the concepts and principles which should reinforce relations between employers and workers.

In order to speed up judicial procedures, nine courts of first instance had been created in addition to those that already existed and efforts were being made for the establishment of courts in areas in which the labour force was concentrated, such as the Department of Izabal, Alta Verapaz, Santa Rosa, Suchitepéquez and El Petén. In these departments four tribunals of second instance had also been created in order to facilitate access to justice. Moreover, work was under way on a legislative initiative to amend the Act on the protection of constitutional rights (amparo); considerable progress had been made with the draft text which was awaiting the opinion of the Constitutional Court.

With regard to the Civil Service Bill, he said that it had been withdrawn from discussion at the plenary session of Congress taking into consideration the objections formulated by the regular supervisory bodies. In fact, the elaboration of a new draft was under consideration in order to bring it into line with the provisions of the Convention, with the assistance and technical and financial support of the ILO.

With regard to the export processing sector, the staff of the General Inspectorate of Labour had been increased to focus exclusively on this sector. The Government had requested the ILO Subregional Office, in the framework of the technical and financial assistance requested, to address the subject of freedom of association and collective bargaining in the export processing sector, by carrying out monthly tripartite seminars on freedom of association and collective bargaining in the export processing industry. He took advantage of the present opportunity to reiterate this request.

He stated that the Tripartite National Committee had already been established and dialogue had commenced in order to obtain a solution to the problems raised by the workers and employers and agreements on legal reform. To this effect, a specific subcommittee had been created and met every 15 days in the Ministry of Labour and Social Insurance.

The agreement signed during one of the meetings of the Tripartite National Committee between employers, workers and the Government as a result of the visit of the high-level mission in April this year, demonstrated the good faith and political will of the Government to look for solutions through the reinforcement of social dialogue and through agreements reached by consensus.

With regard to labour statistics, he said that the Government was working on the restructuring and modernization of the Ministry of Labour and Social Insurance, including the strengthening of such areas as the directorate of labour statistics. The following tasks had been given priority: surveys and statistics on all aspects of labour matters, an ongoing programme of studies on labour markets and the corresponding technical areas (economics, statistics, sociology, etc.) aimed at ensuring training and research on labour issues.

Finally, he referred to the signature of a collective agreement on labour conditions with one of the most important organizations of the country, the National Teachers' Assembly, which brought together approximately 14 unions from the education sector; the signature of a collective agreement on conditions of work with the Trade Union of Employees of the Ministry of Labour and Social Insurance; the authorization of various trade unions which resolved the formalities for their establishment, including the Union of Investigators of the Office of the Public Prosecutor, the employees of the export processing sector and the trade unions of agricultural employees. As a result of the above, he requested once again the necessary technical and financial assistance to continue improving the system for the application of ILO Conventions. The text of the Agreement was as follows:

Agreement in the framework of the Tripartite National Committee

In the City of Guatemala, the Government of Guatemala, represented by the Ministry of Labour and Social Insurance, the representatives of the trade union movement, the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF), gathered together in the context of the Tripartite Commission, for the purpose of the ILO high-level mission (21-24 April 2008), to agree to examine the following subjects with a view to drawing up draft reforms or guidance for the purpose of the improved application of ILO Conventions Nos 87 and 98:

(1) Evaluation of institutional action, including the most recent, and particularly the special protection measures to prevent acts of violence against trade unionists under threat. Also, the evaluation of the measures that are being taken (increases in budget allocations and in the number of investigators) to guarantee effective investigation with sufficient resources to permit the elucidation of the crimes against trade unionists and the identification of those responsible.

(2) Examination of the dysfunctions of the current system of labour relations (excessive delays and procedural abuses, lack of effective enforcement of the law and of sentences, etc.) and particularly of the machinery for the protection of the right to collective bargaining and the rights of workers' and employers' organiza- tions and their members as laid down in Conventions Nos 87 and 98 in the light of technical considerations and the comments of a substantive and procedural nature of the ILO Committee of Experts on the Applica- tion of Conventions and Recommendations.

Bearing in mind that the problems indicated have persisted for many years, the parties undertake to examine these matters rapidly through monthly meetings for the purpose of preparing progress reports.

Considering that the supervisory bodies have placed emphasis on the problems indicated, the parties undertake to work intensively in a consensual manner with a view to drafting reforms or guidance and to inform the Committee of Experts before its next session in November 2008, on the understanding that the progress reports are to be submitted every two months to the International Labour Office.

The high-level mission undertakes to provide appropriate technical assistance in relation to these matters.

The Employer members expressed their appreciation for the continued positive attitude of the Government. They recalled that the application by Guatemala of Conventions Nos 87 or 98 had been discussed by the Committee every year since 1991, and very frequently throughout the 1980s. A review of the Committee of Experts' comments over this period showed that there had been a steady and ongoing implementation of both Conventions. The list of issues raised by the Committee of Experts was decreasing, and this was to be commended.

They noted that there had been a new Government since 14 January and that, as the Government representative had indicated, a Tripartite Agreement had been signed in April 2008 as a result of the ILO's high-level mission. This agreement committed the Government and the social partners to meet on a monthly basis to work together on draft legislation and guidelines. In this respect they reiterated the need for the commission established by the agreement to take into full consideration the comments made by the Committee of Experts.

The recent rise in the number of deaths and murders of trade unionists was deeply regrettable; noting the Government's indication that it would expand the office of the Public Prosecutor to address this problem, they expressed the hope that the Government would soon do so and undertake other measures to protect trade unionists. It was a central principle of Convention No. 87 that freedom of association could only be realized in an atmosphere free from violence and intimidation.

They concurred with the Committee of Experts that the requirement of half plus one of those working in the occupation to establish a trade union was too high. The requirement to be of Guatemalan origin to run for trade union office was also not in conformity with the Convention. As concerned strikes, they emphasized that due account must be taken of the different circumstances, conditions and level of development pertaining to each country. No single rule applied in this respect, as what could be considered an essential service in one country might not be essential in another.

The Worker members emphasized that Guatemala was once more on the list of individual cases because of its regular violations of the fundamental rights of workers, notably to freedom of association and the right to negotiate - violations that went as far as murders of trade union leaders and militants. Guatemala was one of the most dangerous countries for trade unionists, with a serious situation of impunity and corruption. The fact that a newly elected Government had taken office had produced a glimmer of hope. At the end of January 2008, during the International Conference on Impunity, the new President of the Republic had declared his will to do everything possible to eradicate violence towards trade unionists and to put an end to endemic impunity. Unfortunately, since then, the situation had deteriorated further.

The previous year, the Worker members had condemned the acts of violence committed on trade unionists. Yet, the list of victims continued to grow and practically nothing had been done to identify and punish the culprits. The complaints submitted by unions had either been declared irreceivable or without merit and the persons who had submitted them suffered acts of intimidation and threats. In this regard, it should be noted that the Government representative had expressed a commitment to strengthening the prosecution services. A series of attacks - notably at the headquarters of the General Central of Workers of Guatemala (CGTG) and at the home of the leader of the Confederation of Trade Unions of Guatemala (CUSG) - of assassinations, including that of Carlos Enrique Cruz Hernandez, member of the trade union of workers of banana plantations, and of arrests, proved that the situation had worsened and that the intolerable climate of violence and impunity was continuing. In this context, they said that it would be useful to know the initial conclusions of the ILO mission in Guatemala in April 2008.

Concerning the non-conformity of the legislation with the Convention, they emphasized that this restrictive legislation prevented de facto the organization of legal strikes. The Government had not replied to the request of the Committee of Experts to prepare a thorough reform of the legislation in that regard. Restrictions on freedom of association and collective bargaining remained common practice in the 250 export processing sector maquilas, where there were not even seven trade unions, as indicated by the Government representative, but only three. The weakness of the labour inspectorate did not improve the situation.

With reference to the legislation on the civil service, which was contrary to the Convention, they said that nothing has been done to amend it and, in practice, trade unionists had been laid off, notably at the National Credit Bank and the Office of the Public Prosecutor. The Committee of Experts had noted that dialogue was not effective in the National Tripartite Committee and that the Government did not show a will to make it work, using as a pretext to gain time the lack of consensus between workers and employers. No decisions were therefore being taken to amend the legislation.

In conclusion, the new Government and the International Conference on Impunity had raised hopes, but, unless the reports of the mission conducted by the ILO in April 2008 indicated otherwise, the information currently available showed a continued failure to comply with international labour standards. Promises and statements did not count when faced with the reality of systematic violations of trade union rights, in a climate of daily increasing violence.

The Worker member of Guatemala said that an examination of the observations of the Committee of Experts demonstrated that since 1999, the different governments of Guatemala had systematically demonstrated their indifference to tripartite efforts to overcome the serious problem of failure to comply with the Convention. Neither the continued discussion of the case by the Conference Committee nor the ILO's direct contact technical missions had led to measures by employers and governments to slow down the incessant killings of trade union leaders. It was clear that the situation in his country had worsened, as the following persons had been murdered: Marcotulio Ramirez Portela and Carlos Enrique Cruz Hernandez in the Izabal district banana plantations; Sergio Miguel Garcia and Miguel Angel Ramirez Enriquez on the Olga Maria plantation, as well as many other unionists murdered in previous years. There was a climate of violence, intimidation and threats. There had been illegal dismissals as a result of attempts to establish unions, for example: the Petén workers' distribution union, the Workers' Union of the Southwest and the union of the Instalcobra enterprise, which had been subcontracted by the DEOCSA company, part of the Spanish transnational enterprise Unión FENOSA. In the latter case, 32 unionists had been dismissed. Salaries had been illegally withheld for six months in the case of the workers at the Crédito Hipotecario Nacional. There were also 18 notifications of dismissal. All this had led to a climate of terror and the impossibility of having decent work.

The shameful institutional inability of the Office of the Public Prosecutor and the law courts to bring the guilty to justice had led to a feeling of impunity. While it was true that a special office had been established in the Office of the Public Prosecutor against journalists and trade union- ists to investigate crimes, there had been no real strengthening of its powers, which on the contrary had been weakened, as it had reverted to a mere local Office of the Public Prosecutor, with no national structure or capacity.

The main reason for failure to comply with labour provisions lay in the absence of effective enforcement. The legislation needed reforming in order to eliminate obstacles which prevented the exercise of freedom of association, and the general labour inspectorate, the Office of the Public Prosecutor and labour tribunals needed to take the necessary action. Effective and efficient internal controls were also needed for civil servants, including the application of the rules governing judges.

He added that the establishment of trade unions at the industrial level was limited because a figure of 50 per cent plus one of the workers concerned was required, which was a trap, as it was difficult, if not impossible, to know what 100 per cent of the workforce was in any specific activity. Nor did the employers or the Government know such figures.

Regarding strikes, section 241 of the Labour Code required that the strike be announced by a majority of workers and not by a majority of those voting. Given this impossibility, some unions had attempted to organize de facto strike action, only for the police to be given immediate orders to break up the strikes or for the Government to invent a pretext to end the strike, as had happened recently with the transport workers where, instead of giving precedence to dialogue, the Government had declared preventive measures to avoid an emergency, with the result that 49 workers had been imprisoned and one murdered. Sympathy strikes were also banned.

With regard to the export processing sector of maquilas, he stated that it was almost impossible for unions to be established as there was a climate of anti-union discrimination and violence, with all kinds of subtle methods and actions used to prevent unions from being set up. In view of the above, he called for the case to be included in a special paragraph.

The Government member of Peru, speaking on behalf of the Latin American and Caribbean Group (GRULAC), noted that as a result of the conclusions of the Conference Committee adopted by the 96th Session of the Conference in 2007, Guatemala had accepted a high-level mission, which had taken place from 21 to 24 April 2008, and that the country continued to show signs of openness and cooperation with the ILO supervisory system. He added that, as a result of the mission, a Tripartite Agreement had been signed which gave priority to certain subjects, with a view to the preparation of draft reforms and guidelines to improve the application of Conventions Nos 87 and 98.

He asked the Committee and the Office to respond positively to the request for technical assistance by the Government of Guatemala in order to support its efforts to achieve full respect for trade union rights in the country.

The Worker member of Colombia stated that because of anti-union practices there was virtually no freedom of association in Guatemala. According to information from the organizations concerned, the percentage of unionized workers was less than 1 per cent. The Committee of Experts had been insisting for some 20 years on the urgent need to protect the rights of the working classes, including the right to life, as murders of unionists in Guatemala was a constant menace. He expressed concern and asked for a full investigation of the trend towards the feminization of killings; according to information available, in the last eight years, more than 3,000 women had been murdered.

He expressed concern that despite the repeated promises to comply with and give effect to the recommendations of the Committee of Experts, reality showed that restrictions on the exercise of freedom of association persisted, both in the public and the private sector, and prevented any possibility of collective bargaining. He reminded the Government that the very existence of a tripartite body was not enough to ensure the existence of dialogue; all sides had first to show their determination to comply with international labour standards. He urged the Government to adopt measures to protect the lives of unionists, to intensify the fight against impunity and to bring an end to anti-union activities so as to prevent the continued extension of bad practices across the region. Finally, he asked that the case be included in a special paragraph.

The Worker member of the United States reported that two months ago he had witnessed a candid speech by recently elected Guatemalan President Alvaro Colom at George Washington University in Washington, DC. The President had emphasized the critical need for labour rights and social justice in Guatemala, and had lamented the destruction of Guatemalan unionism over several violent decades. Although the President's welcome words seemed sincere, he warned that good intentions alone would fail to reverse the chronic violations of freedom of association and collective bargaining rights in Guatemala, which the Committee had reviewed for most of the last ten years, and which had only worsened.

The American Federation of Labour and Congress of Industrial Organizations (AFL-CIO) had been assured by the Bush Administration and by advocates of the US-Dominican Republic-Central American Free Trade Agreement (DR-CAFTA), implemented two years ago, that the trade pact would improve the labour rights situation in the region, including Guatemala, by providing an incentive for good behaviour by incorporating a labour chapter. But implementation of the trade pact had not improved Guatemala's compliance with its existing laws on freedom of association and collective bargaining, as was fully documented in the joint complaint submitted by the Guatemalan labour movement and the AFL-CIO on 23 April 2008, pursuant to Chapters 16 and 20 of DR-CAFTA.

dispute settlement mechanisms of the trade pact was whether the parties were complying with their own labour laws, no matter how substandard they might be in terms of Conventions Nos 87 and 98.

As was evident from the 2008 report of the Committee of Experts and from the session under way, Guatemalan law on its face continued to be in flagrant violation of the Convention. Section 379 of the Labour Code continued to impose liability on individual workers for damages resulting from a strike, creating a chillingly fatal effect on the exercise of Convention No. 87 rights. The law still empowered national police to function as strike-breakers.

Anti-trade union violence and impunity had only worsened since the implementation of the DR-CAFTA. Cases since July 2006 that he could mention were: an officer of the Union of Banana Workers of Izabal (SITRABI ) shot at three times on 26 November 2006 after visiting union members at the Chickasaw plantation; Pedro Zamora, General-Secretary of the Quetzal Port Workers brutally murdered in front of his children on 15 January 2007, with evidence of some involvement by the former governmental administration, as well as continuing death threats against other leaders of the same union; Walter Anibal Ixaquic Mendoza and Norma Sente de Ixaquic, leaders of the Frente Nacional de Vendedores de Guatemala, shot and killed in downtown Guatemala City on 6 February 2007, as they were attempting to resolve a labour conflict related to the safety of street vendors; SITRABI Cultural Secretary Mario Tulio Ramirez assassinated in September 2007; on 22 January 2008, Rosalio René Gonzalez Villatero, General-Secretary of the San Benito Independent Farmworkers, murdered immediately after filing a complaint with the local prosecutor regarding a labour dispute: on 2 February 2008, Sandra Isabel Ramirez, daughter of the General-Secretary of the Union of Banana Workers of the South (SINTRABANSUR), whose members produce for Chiquita, abducted and raped by four masked men who interrogated her about her father's trade union work; on 29 February 2008, the son and nephew of José Alberto Vicente Chavez, a leader of the Union of Workers in the Coffee and Coca Cola Drinks Industry (SITINCA) at Retalheu brutally murdered at a bus stop while awaiting the return of their father and uncle from the city where ironically he had filed a complaint about his own personal safety; on 1 March 2008, shots fired into the home of the General-Secretary of CUSG, an affiliate of the International Trade Union Confederation (ITUC); and on 2 March, Miguel Angel Ramirez Enriquez, General-Secretary of SINTRABANSUR assassinated.

However, the report of the Committee of Experts mentioned a paltry record of only two convictions for anti-union violence and a grand total of 17 unionists in a pro- tection programme. Impunity for the intellectual and material authors of anti-union violence in Guatemala had reached crisis proportions. He called for a special paragraph in the case as false promises of improved labour rights through trade agreements and other ruses could no longer be tolerated.

The Worker member of Norway recalled that the Committee had been discussing grave violations of Conventions Nos 87 and 98 in Guatemala for many years, but that the situation had only worsened. In Guatemala the judicial system was almost non-functional. In addition, only between 1 and 2 per cent of workers were organized and few complaints were sent by workers to the Ministry. This was due to fear of harassment, loss of job, threats and even murder.

She described the case of the SINTRABANSUR union organization in the Olga Maria banana plantation. The union had been formed in July 2007 to negotiate a collective agreement and the legal minimum wage. After the union leaders had given the local office of the Ministry of Labour and Social Insurance a list of members' names, as required by law, the names had been immediately leaked to the employer, who had used private security agents to threaten and harass workers, both at work and in their homes. In November 2007, the employer had threatened to close the plantation if the workers continued to participate in the union. If they renounced they would receive €400. Protests by union leaders to local authorities and labour inspectors had achieved nothing. The General-Secretary of the union had refused to concede, had been kidnapped and tortured, before agreeing to resign. On 2 February 2008, his daughter had been interrogated by four men, raped and thrown down a river bank. One of the union founders, Miguel Angel Ramirez, had been assassinated in his own home in the same month. Danilo Mendez had later been threatened by armed and masked men who had surrounded his home.

Transport workers had organized peaceful protests in May 2008 against a decree that would force them to drive at night when the threat of attacks and killings was highest. Their request for dialogue with the President had been refused unless they ceased their protests. A new decree had been issued cancelling the drivers' contracts, limiting the right to strike and forbidding demonstrations for which approval had not been given. The drivers had been dispersed by special police units.

These were not isolated cases. Four shop stewards had been killed during 2008 and the perpetrators would certainly enjoy impunity, as courts and police lacked capacity and the will to bring the guilty to justice.

She asked the Government for an assurance that it would cooperate with the ILO to comply with Conventions that it had ratified.

The Government representative of Guatemala recognized the fact that there were problems in the country and stated that the new Government was aware of them. Referring to the issue of transport, he said that the Government considered it as an essential service subject to a special regime, and denied that force had been used in the case of the demonstration that had blocked all access to the country for three days. The solution had been achieved through dialogue. With regard to murder of trade unionists, he noted that in slightly less than four months since the Government had taken office, none had occurred. Regarding the export processing sector of maquilas, he emphasized that the Government's job was not to set up trade unions but to register them and that, contrary to what had been said by other speakers, and as the high-level mission had seen for itself, seven unions had been registered.

He called for reflection and stated that violence in the country was not institutionalized, that individual and collective rights were respected and that social dialogue was making progress. Technical and financial assistance was necessary in order to help the Government to modernize its labour legislation and bring it into conformity with international labour conventions and recommendations, in order to improve the living conditions of all Guatemalans.

The Employer members stated that a different strategy was needed. The Government had started slowly years ago to meet its obligations under Conventions Nos 87 and 98 in law and practice, and the recent Tripartite Agreement, drawn up under the auspices of the ILO high-level mission, had set an active timeline for reforms and guidelines to bring Guatemala's laws in line with Convention No. 87. These reforms would have to be reviewed and commented on by the Committee of Experts.

But they stated that the root cause was the violence in the country. Without a dedicated focus on protecting society and trade unions, there was no Government programme to address the violence, especially with respect to protecting trade unions.

Annual discussion in the Committee was not the solution. What was needed was ongoing engagement with the ILO with a focus on violence and working with the Government and other governments to set up a bona fide trade union protection programme with an adequate law enforcement, investigation and labour inspection system. Moreover, through the Tripartite Committee and with ongoing ILO engagement, the work on reform and guidelines could be completed. Enhanced efforts were required by the ILO, the Government and Guatemala's neighbours to address comprehensively the problem of violence and lack of compliance with the requirements of Conventions Nos 87 and 98.

The Worker members indicated that, following the discussion, they wished to formulate strict conclusions. The Government had to take all the necessary measures to ensure that the commitment made by the President of the Republic was respected and to put an end to the climate of violence and impunity. To halt the assassinations and acts of intimidation towards the trade union movement, the Government had to ensure that prosecutions were undertaken and that the perpetrators of these crimes, as well as their instigators, were convicted. It seemed necessary to opt for a different strategy and to propose the adoption of a special programme against violence, as well as the establishment of an ILO Office in Guatemala, to ensure the constant monitoring of the situation and the application of the Convention. In so far as, as demonstrated by the Committee of Experts, the legislative framework was in flagrant violation of the Convention, the Government had to prepare, with the social partners, a new legislative framework that guaranteed respect for fundamental labour standards in the public and private sectors, as well as the trade union rights of workers in the export processing sector. Considering the lack of progress observed, the evident lack of will from the Government to make sure that things moved forward, the worsening of the situation and the numerous acts of violence, the Worker members proposed the inclusion of this case in a special paragraph in the Committee's report.

The Government representative of Guatemala welcomed the conclusions of the Committee and accepted the invitation for a tripartite mission to visit the country. He hoped that the tripartite mission would make firm proposals for solutions to the existing problems. He also hoped that the Government would be able to report on the positive progress made with ILO technical assistance next year.

Conclusions

The Committee noted the Government representative's statements as well as the discussion which followed and the cases examined by the Committee on Freedom of Association. It expressed its concern at the pending problems persisting for many years concerning serious acts of violence against trade unionists, as well as to the law and practice restricting trade union rights. The Committee further expressed its deep concern at the acts of violence and intimidation against trade unionists referred to in the comments of the International Trade Union Confederation (ITUC).

The Committee noted that the high-level mission it had invited the Government to accept last year when discussing Convention No. 98 had recently visited the country. It also noted with interest that during this mission, the Government and the social partners signed a tripartite agreement including a plan of action to solve pending problems regarding Conventions Nos 87 and 98 and involving ILO technical assistance.

The Committee noted the goodwill expressed by the Government and the information provided on various bills aimed at better implementing the Convention, the creation of new labour judges and of a special section of the labour inspectorate for the export processing zones. The Government had further pointed out that the Office of the Public Prosecutor had increased the number of investigators of crimes against trade unionists with the corresponding budget. The draft law on the civil service which had been criticized by the Committee of Experts had been withdrawn and a new draft had been elaborated in full conformity with the Convention.

The Committee expected that the Committee of Experts would examine the report of the high-level mission and would thus provide this Committee with the most relevant and up to date information on the application of the Convention. The Committee also hoped that, in the light of the mission's conclusions, the Government, in consultation with the employers' and workers' organizations and with the support of ILO technical assistance, would promptly take the necessary measures to make the necessary changes to the law and practice in order to resolve the pending matters concerning violence and of the labour legislation including the situation of enterprises in the export processing zones.

The Committee deeply deplored the recent murders and death threats of trade unionists. It once again reminded the Government of the urgent need to adopt additional measures to bring an end to the violence against trade unionists and guarantee the security of all those who were victims of threats. The Committee emphasized the need to finish with the prevailing situation of impunity and to ensure that the material and intellectual instigators of these crimes were punished. The Committee recalled that trade union rights could only be exercised in a climate that was free from violence.

The Committee considered that the ongoing problems in this case required an ongoing engagement with the ILO with a focus on violence in the country, including the possibility of an ILO office. The Government should also work with neighbouring governments in setting up a bona fide trade union protection programme with adequate law enforcement, investigation and labour inspection system.

The Committee took note of the Government's request for technical support from the ILO and expressed the hope that, with this assistance the work on reforms and guidelines would be completed so that it would be in a position in the very near future to note significant progress in law and practice.

The Committee requested the Government to take prompt action and to submit a detailed report for examination at the forthcoming session of the Committee of Experts.

The Committee invited the Government to accept a mission made up of the Employer and Worker spokespersons to assist the Government in finding durable solutions to all of the above matters.

The Government representative of Guatemala welcomed the conclusions of the Committee and accepted the invitation for a tripartite mission to visit the country. He hoped that the tripartite mission would make firm proposals for solutions to the existing problems. He also hoped that the Government would be able to report on the positive progress made with ILO technical assistance next year.