Definitive Report - Report No 110, 1969

Case No 550 (Guatemala) - Complaint date: 11-APR-68 - Closed

1. 99. This case was previously examined by the Committee at its session in November 1968, when it submitted to the Governing Body the interim report contained in paragraphs 297 to 304 of the Committee's 108th Report.
2. 100. 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. 101. It was alleged that a " wave of terror of the extreme right " was endangering the lives of Christian trade union leaders of the country and, more particularly, that five members of the executive committee of the Central Federation of Christian Workers of Guatemala, listed by name, had been threatened with death by an extreme right-wing underground group if they did not leave the country within a specified period, and that leaders of other organisations had had to leave the country for similar reasons.
2. 102. In its observations the Government confined itself to stating that in Guatemala, under the provisions of the National Constitution and the labour legislation in force, there were no breaches of freedom of association.
3. 103. When considering the case at its session in November 1968, the Committee observed that the alleged actions, by their very nature, came under the heading of criminal law and appeared to be political in purpose. It pointed out, however, that to judge by the contents of the complaint, the threats in question seemed to have been directed against the persons concerned in their capacity as trade union leaders. The Committee therefore considered that the allegations had some relationship with the normal operation of trade unions and the freedom of action of their officials.
4. 104. After noting that the complainants did not accuse the Government of the actions in question, the Committee recalled that its constant practice in cases of this kind had been to make no distinction between allegations levelled against governments and allegations levelled against persons accused of violating freedom of association, but to determine in each particular case whether or not the government had ensured in its territory the free exercise of trade union rights.
5. 105. The Committee therefore recommended the Governing Body to ask the Government to be good enough to supply more precise observations and information on the facts referred to in the case.
6. 106. This recommendation was approved by the Governing Body, and the request for additional information contained in it was brought to the knowledge of the Government by a letter dated 21 November 1968. The Government replied by a letter dated 27 December 1968.
7. 107. In its reply the Government asserts that it does everything possible to ensure respect for trade union rights in the country and regrets that, despite its efforts, underground movements sometimes evade the precautions taken by the authorities. It recalls, however, that the country is going through a period of troubles instigated from abroad and that this prevents the Government, despite all its measures to this effect, from having full control of the situation.

The Committee's recommendations

1. 108. In these circumstances, having noted the explanations provided by the Government, the Committee recommends the Governing Body to express the hope that the Government will ensure that trade union rights can be exercised as far as possible in conditions of freedom and security.