Definitive Report - Report No 142, 1974

Case No 659 (Guatemala) - Complaint date: 08-APR-70 - Closed

80. This case was considered by the Committee at its meeting in May 1972, at which time it submitted a report to the Governing Body which appears in paragraphs 104 to 113 of its 131st Report, adopted by the Governing Body at its 186th Session (2-3 June 1972).

1. 80. This case was considered by the Committee at its meeting in May 1972, at which time it submitted a report to the Governing Body which appears in paragraphs 104 to 113 of its 131st Report, adopted by the Governing Body at its 186th Session (2-3 June 1972).

A. A. The complainants' allegations

1. 81. The complaints contained allegations about repression of the trade union movement in Guatemala, restrictions on the free exercise of trade union activities, the deaths of various trade unionists and the disappearance of Miguel Váldez Girón, an active member of the Tailors' Union and former General Secretary of the Autonomous Trade Union Federation of Guatemala (FASGUA). According to the National Confederation of Workers of Guatemala, Mr. Váldez Girón had been arrested at his home in April 1970, although the police denied this.
2. 82. The Government made no comments on these complaints, despite several requests by the Committee, which, at its meeting in November 1971, urgently appealed to the Government for information. No reply was forthcoming, and the Committee, at its meeting in February 1972, in accordance with the procedure in force, informed the Government that the Committee was entitled to report on the substance of the matter at its following meeting, even if the information requested had still not been received. Finally, no information having been supplied, the Committee reported as described above.
3. 83. In adopting the report, the Governing Body called the Governments attention to certain principles of freedom of association connected with the points raised in the complaints. It deplored the fact that the Government had not commented on the serious allegations made, thus preventing the Committee from reaching its conclusions in full knowledge of the facts.
4. 84. As regards the disappearance of Váldez Girón in particular, the Governing Body expressed the view to the Government that the appointment of an independent board of inquiry would be a particularly appropriate means of throwing light on what had happened and determining responsibilities.
5. 85. The Governing Body asked the Director-General to keep in touch with the Government with a view to securing information about the position with regard to Mr. Miguel Váldez Girón.

B. B. The Committee's conclusions

1. 86. Accordingly, the Director-General repeatedly approached the Government for information, and the Committee continued to make urgent appeals in the same sense.
2. 87. The only information obtained from the Government appears in a communication dated 16 January 1973, from the Permanent Representative of Guatemala in Geneva, stating that according to the National Police Headquarters and the Ministry of the interior, a search had been made for Mr. Váldez Girón in hospitals and prisons throughput the country, but without success. Nevertheless, further attempts were being made to ascertain his whereabouts.

The Committee's recommendations

1. 88. In the circumstances, the Committee recommends the Governing Body to express its concern at the disappearance of the trade unionist Miguel Váldez Girón, to request the Government to keep it informed of the outcome of its inquiries, and to request the complainants to forward any information which they may have concerning what has become of this person.