Interim Report - Report No 93, 1967

Case No 442 (Guatemala) - Complaint date: 11-MAY-65 - Closed

1. 243. The Committee examined this case at its 41st Session (November 1965), when it submitted an interim report to the Governing Body which is contained in paragraphs 541 to 552 of the 85th Report of the Committee; that report was approved by the Governing Body at its 163rd Session (November 1965).
2. 244. In that report the Committee submitted its final recommendations concerning part of the allegations made in the complaint. The allegations whose examination was postponed referred to the detention of trade union leaders.
3. 245. Guatemala has ratified the Freedom of Association and 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

1. 246. In part of the complaint, which is dated 11 May 1965, the complainants allege that on the occasion of the May Day celebrations in 1965 the following members of the Executive Committee of the Autonomous Trade Union Federation of Guatemala (FASGUA) were arrested and are still in prison: Miguel Valdez Girón, Gilberto Barillas and Francisco de Jesus Mayén. The same applies to a number of former leaders or active members of the organisation, including Antonio Ovando Sánchez, Marco Aurelio Garcia Benavente, Arturo Hernández, Elfego H. Garcia, Alberto Bautista, Juan Lemus and others. Messrs. Valdez Girón, Mayén and Ovando Sánchez were alleged to have already been arrested previously, in accordance with " security measures " taken under special legislation by which the Government can detain persons for up to six months without trial.
2. 247. When examining the case at its November 1965 session the Committee observed that the Government had not made observations referring specifically to these allegations. In fact, the Government's reply dated 16 June 1965 contained only general statements concerning the autonomy of the judiciary, the impossibility of arresting anyone who had not committed an offence and the fact that the functions of trade union leadership did not exempt any person from compliance with the laws of the land or from the jurisdiction of the courts which were competent to judge actions punishable by law. The Government also stated that it would ask the appropriate authorities for clarification on the points mentioned in the complaint.
3. 248. The Committee pointed out in paragraph 550 of its 85th Report that one of the principles laid down under the procedure for examining allegations concerning alleged infringements of trade union rights is that when detailed allegations are submitted the Committee cannot be satisfied with replies from governments which confine themselves to comments of a general character. Consequently, the Committee made the following recommendation to the Governing Body in paragraph 552 (b) of that report: with respect to the complainants' allegations that as a result of the parade on May Day this year a number of trade unionists were arrested and that legislation is in force in Guatemala-and has been applied to three trade unionists-which makes it possible to keep persons under arrest for up to six months without trial, to note that the Government will ask the appropriate authorities to supply the information needed to ascertain the truth about the complaint and to request the Government to be good enough to forward, as soon as possible, its specific observations on these allegations, giving details, in particular about the position of the trade unionists whose names are listed in paragraph 551 above.
4. 249. In a communication dated 5 July 1966 the Government states that the Ministry of Labour and Social Welfare has ascertained that none of the violations complained against by the Autonomous Trade Union Federation of Guatemala has been committed and that it therefore categorically rejects the charges made concerning freedom of association.

B. B. The Committee's conclusions

1. 250. From the brief communication from the Government mentioned in the above paragraph, it would appear that the Ministry of Labour and Social Welfare has carried out an inquiry into the circumstances complained of. However, the communication does not contain the specific information which the Government was asked to supply in paragraph 552 (b) of the 85th Report, quoted in paragraph 248 above. It should be stressed that this aspect of the case brings it within the category of cases which the Governing Body considers to be urgent, and that the Government's attention was drawn to this fact when the complaint was communicated to it.

The Committee's recommendations

1. 251. In these circumstances the Committee recommends the Governing Body:
   • (a) to request the Government once again to be good enough to forward the observations requested in paragraph 552 (b) of the 85th Report of the Committee as a matter of urgency;
   • (b) to take note of the present interim report, it being understood that the Committee will submit a further report on this case to the Governing Body when it has received the observations and information to be requested from the Government as indicated in subparagraph (a) above.