Interim Report - Report No 190, March 1979

Case No 856 (Guatemala) - Complaint date: 13-JUL-76 - Closed

1. 216. In communications dated 13 and 23 July 1976 respectively, the Latin American Central of Workers (CLAT) and the World Confederation of Labour submitted complaints to the ILO containing allegations of infringement of trade union rights in Guatemala. These communications were transmitted to the Government for observations.
2. 217. The Government having failed to forward its observations, despite repeated requests, the Committee decided at its May 1978 Session to apply to this case the special procedure of contacts with Government representatives during the International Labour Conference. In accordance with this procedure, the Chairman of the Committee met a Government representative on 19 June 1978 to discuss with him the delay in sending replies. In the meantime the Government had sent two communications dated 24 May and 15 June 1978. The Government has since sent a further communication dated 8 December 1978.
3. 218. Guatemala has ratified both 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. 219. In its complaint, the CLAT refers to persecution and repression allegedly suffered between 15 and 28 June 1976 by its affiliate in Guatemala, the National Central of Workers (CNT). It claims in particular that the headquarters of this organisation was subjected to an armed attack by the police without motive or explanation.
2. 220. During this attack - continues the CLAT - a number of union officials were arrested, including Donald Castillo, a trade union official from Nicaragua, who was on a solidarity visit to Guatemala at the invitation of the CRT.
3. 221. The CLAT also refers to action taken against a union official of Guatemalan nationality, Julio Celso de León Flores, General Secretary of the Central American Confederation of Workers, whose headquarters are in San José de Costa Rica. The complainant explains that while visiting his homeland the official in question was obliged to protect himself from constant persecution by the police. During this period, Julio Celso de León Flores decided to leave on 25 June 1976 for a business trip to Mexico at the invitation of the Authentic Labour Front (FAT). At Guatemala Airport his papers were carefully examined by the police and immigration authorities.
4. 222. The CLAT goes on to state that when he boarded the aeroplane, a man obviously belonging to the Guatemalan police followed him, and would not even allow him to move to another seat during the journey. The man in question, after showing his credentials to the immigration authorities at Mexico Airport, succeeded in booking into the same hotel as Julio Celso de León Flores. A black car, with a chauffeur who looked like a policeman, was placed at his disposal on arrival at the hotel he asked to be given the room next to that occupied by the union official.
5. 223. Owing to this persecution, all Julio Celso de León Flores could do was telephone the Authentic Labour Front, a Mexican trade union organisation. While Julio Celso de León Flores was on the line, the man in question grabbed the telephone, and cut him off.
6. 224. After five days of virtual sequestration in this hotel in Mexico, and as a result of approaches to the Mexican Government, Julio Celso de León Flores succeeded in getting rid of the policeman, who admitted that he had no idea why he had been asked to follow him. In conclusion, the CLAT claims that the purpose of keeping this trade union official in isolation was to subject him to psychological torment and physical pressure contrary to every principle of freedom and legality.
7. 225. In its communication, the WCL refers to the same events as those described by the CLAT in its complaint.
8. 226. The Government states in its reply of 24 May 1978 that Julio Celso de León Flores was not being persecuted, but was the subject of an inquiry opened by the national police in connection with the forging of signatures. The Government explains that on 12 August 1975, Miss Ana Coralia Cardenas Rangel claimed that she had been wrongfully dismissed from her employment as secretary to the legal department of the National Central of Workers of Guatemala. According to her, the person responsible for her dismissal was Mr. León Flores, an official of that organisation. She had fallen ill and the Guatemalan Social Security Institute had instructed that she be given leave of absence from work. Taking advantage of this leave, she went to the United States for further medical examinations, and Mr. León Flores seized this opportunity to urge her dismissal, as well as forging certain documents. The police sought to contact him in connection with these events. As they were unable to find him, the matter was referred to the first criminal magistrate's court. It also emerged that Mr. León Flores had a record of various offences involving breaches of the peace and drunken driving.
9. 227. In its communication of 15 June 1978, the Government states that Donald de Jesús Castillo Orozco was arrested on 25 June 1976 and brought before the 12th criminal magistrate's court on charges of robbery, attempted murder and illegal restraint. Since he was an alien, he was expelled from the country on 15 July 1976 in the direction of Costa Rica.
10. 228. In its communication of 8 December 1978, the Government merely draws attention to its two previous letters to the ILO, analysed above.

B. B. The Committee's conclusions

1. 229. The Committee has before it in this case two sets of allegations. On the one hand, trade union officials including a non-Guatemalan, Mr. Donald Castillo, are said to have been arrested during a raid on the headquarters of the National Central of Workers. On the other, an official of the Central American Confederation of Workers, of Guatemalan nationality, Mr. Julio Celso de León Flores, is alleged to have been persecuted by the Guatemalan police while visiting Mexico on trade union business in June 1976.
2. 230. According to the Government, Mr. Donald Castillo was arrested and brought before the courts for common-law offences. He was then expelled from the country because he was an alien. As concerns Mr. Julio Celso de León Flores, the Government states that the police wished to contact him in connection with the forging of signatures. It seems that he was not found and that the matter was referred to the courts.
3. 231. While taking note of this information, the Committee is bound to observe that the Government has not indicated the reasons for the raid on the headquarters of the National Central of Workers, nor whether it was carried out in pursuance of a search warrant. Nor has the Government made any comment on the detailed allegations made by the complainants concerning the persecution to which Mr. Julio Celso de León Flores is said to have been subjected while in Mexico on trade union business in June 1976, or supplied any information as to the present situation of this trade union official. The Committee considers it essential that it should have information on these points so as to be able to examine the case in full knowledge of the facts.

The Committee's recommendations

1. 232. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note that, according to the Government, Mr. Donald Castillo was arrested and prosecuted for common-law offences and expelled from the country in view of his status as an alien;
   • (b) to request the Government to indicate the reasons for the raid on the headquarters of the National Central of Workers and whether it was carried out in pursuance of a search warrant;
   • (c) to request the Government to forward its observations on the allegations concerning the persecution to which Mr. Julio Celso de León Flores is said to have been subjected while in Mexico on trade union business in June 1976, and to supply information as concerns the present situation of this person;
   • (d) to take note of this interim report.