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- 182. The original complaint by the Latin American Confederation of Christian Trade Unionists (C.L.A.S.C.) is contained in a communication dated 6 August 1963, supplemented by additional information sent by the International Federation of Christian Trade Unions (C.I.S.C.) in a letter dated 12 August 1963.
- 183. The Government presented its observations in a communication dated 2 October 1963.
- 184. The C.L.A.S.C sent further items of information in its communication of 12 September 1963. The Government has so far not sent its observations on the matter.
- 185. Guatemala has ratified the Freedom of Association and the Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
A. A. The complainants' allegations
A. A. The complainants' allegations
- Criminal Attack on Mr. Tereso de Jesús Oliva
- 186 The complainants allege that on 29 July 1963 a member of the National Police carried out a criminal attack on Mr. Tereso de Jesús Oliva, Secretary of the Agricultural Workers' Union and General Secretary of the Rural Christian Social Movement of Guatemala. The person referred to, it is alleged, was attacked and beaten by a policeman in the public highway and as a result of this attack his life is in danger.
- 187 In its reply the Government states that the Courts are responsible for the investigation of this crime; that the injured person has not accused any individual in particular but has only mentioned the name of a person on the strength of rumours heard in the streets; this person, according to him, belongs to the Security Police. Finally, the injured party himself stated that, in his opinion, certain sectors existed which wished to cause harm to him and to the Government and, in planning the attack, sought to make it appear that it was committed by the police. The Government also states that it is conducting the appropriate inquiries to ascertain the truth of this charge and, if it is confirmed, will drastically apply the penalties prescribed by Penal Law.
- 188 The Committee observes that neither the allegation of the complainants nor the reply of the Government contains any detailed particulars of the attack which is alleged to have been made on Mr. Tereso de Jesús Oliva by a member of the National Police Force and that court proceedings are now being conducted with a view to elucidating the facts. In the past the Committee has followed the practice of postponing the examination of matters which were the subject of pending national judicial proceedings, where such proceedings might make available information of assistance to the Committee in appreciating whether or not the allegations were well founded.
- 189 In view of these considerations, the Committee recommends the Governing Body to request the Government to be good enough to furnish details as to the outcome of the proceedings now pending before the courts with a view to elucidating the facts alleged and, in the meantime, to defer its consideration of this aspect of the case.
- Detention of Trade Unionists from the " Cerro Redondo " Estate
- 190 The complainants allege that several agricultural workers from the " Cerro Redondo " Estate were arrested and imprisoned in connection with their trade union activities.
- 191 In this respect the Government points out that it was an employers' representative who laid a complaint before the Military Authorities charging several workers with committing breaches of the Defence of Democratic Institutions Act. The Military Authorities have consequently had to take the necessary steps to hold an investigation into the facts to establish the truth or falsehood of the charge. When it was proved that the accusations were false these persons were set free and the necessary measures have been taken to ensure that employers will not, sheltering under one of the national laws, commit the abuse of attempting to evade payment of certain benefits provided under the labour laws. The Government has never acted with intent to destroy particular trade union organisations.
- 192 The Committee pointed out in an earlier case that the detention by military authorities of trade unionists concerning whom no grounds for conviction are subsequently found is liable to involve restrictions of trade union rights, and recommended the Governing Body to request the Government to consider whether the authorities concerned had instructions appropriate to eliminate the danger of detention for trade union activities.
- 193 The Committee notes that, according to the Government's statement, appropriate measures have been taken to ensure that employers will not use a state security law as a cover for certain abuses, and that the detained trade unionists have regained their freedom. In these circumstances the Committee recommends the Governing Body, while taking note of these facts, to draw the attention of the Government to the view enunciated in the previous paragraphs.
- Detention of Trade Union Leaders and Workers from the " Viñas " Estate
- 194 The complainants allege that several agricultural workers from the " Viñas " Estate were imprisoned in connection with their trade union activities.
- 195 In its reply the Government states that some trade union leaders and workers from the above-mentioned estate were imprisoned because they had held a meeting without the authorisation of the Military Authorities responsible for exercising control over the country, pursuant to the measure declaring a state of siege which was in force at that time and which prohibited meetings of more than four persons without the requisite permit from the authorities. Once it was proved that the meeting dealt solely with trade union matters and that there was no intention of subverting the order of the State, the persons concerned were immediately released.
- 196 The Committee has on other occasions expressed the view that the requirement of prior authorisation for meetings, even of a trade union character, may be legitimate in the case of public meetings during a state of siege. The Committee also considered that, while the right of holding trade union meetings is a basic requisite of the free exercise of trade union rights, the organisations concerned must observe the general provisions relating uniformly to all public meetings.
- 197 In view of these circumstances the Committee, having regard to the statement of the Government that it had no special intention to prohibit a trade union meeting, recommends the Governing Body to take note of the fact that the trade union leaders and workers from the " Viñas " Estate who were detained have been released.
The Committee's recommendations
The Committee's recommendations
- 198. With regard to the case as a whole, the Committee recommends the Governing Body:
- (a) to decide, with regard to the allegations relating to the detention of the trade unionists from the " Cerro Redondo " and " Viñas " Estates, while taking note of the fact that the trade union leaders and workers who were detained have been released and of the Government's statement that employers will not use a state security law as a cover for certain abuses, to draw the attention of the Government to the fact that the detention by military authorities of trade unionists concerning whom no grounds for conviction are subsequently found, is liable to involve restrictions of trade union rights, and to request the Government to consider whether the authorities concerned have instructions for trade union activities;
- (b) to request the Government to be good enough to furnish details as to the outcome of the proceedings now pending before the courts with a view to elucidating the facts connected with the attack on Mr. Tereso de Jesús Oliva, and, in the meantime, to defer its consideration of this aspect of the case;
- (c) to take note of the present interim report of the Committee, it being understood that the Committee will submit a further report on the case to the Governing Body when it has received the other information and observations requested from the Government.
