Interim Report - Report No 208, June 1981

Case No 957 (Guatemala) - Complaint date: 17-APR-80 - Closed

1. 274. The complaint is contained in communications from the Permanent Congress for Trade Union Unity of the Workers of Latin America (CPUSTAL) dated 17 April and 7 May 1980. The Government sent observations in a communication of 16 June 1980.
2. 275. 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. Allegations of the complainant

1. 276. CPUSTAL alleges that freedom of association and the most basic human rights have been violated in Guatemala; in particular, it denounces the repression persecution and murder of workers and trade union leaders.
2. 277. The complainant alleges that Rodolfo Ramirez, General Secretary of the Autonomous Trade Union Federation of Guatemala (FASGUA) and his wife were murdered on 15 April 1980, together with Máximo Velásquez Melgar, Secretary of the Union of the Hemp Sack Factory, who was treacherously murdered as he was leaving his work. CPUSTAL adds that the bodies of Ricardo Garcia and Arnulfo Gómez, leaders of the Coca-Cola Workers' Union, who had been kidnapped on 1 May 1980, were found on 5 May. The complainant also refers to the kidnapping and deaths of peasants and workers, whose corpses were subsequently found, stating the names of some of the persons concerned, and to the murder on 1 May of 22 workers, among whom were Judhit González, Edgar González and Manuel de Jesús Flores.
3. 278. CPUSTAL also alleges the arrest of Guillermo Hernández, Secretary of the Union of Industria Centroamericana de Sanitarios (INCESA), the trade union leaders Hugo Rolando Tello González and Guillermo Hernández Gómez - whose whereabouts are unknown - and the workers Efraím Nájera and Margarito Tzul.
4. 279. The complainant adds that on 15 April 1980 the army savagely suppressed the assembly of the Coca-Cola workers as they were discussing a wage problem; 27 workers disappeared, but it is denied that they have been arrested. Furthermore, states the complainant, on 29 April 1980 an armed band of 80 persons attacked, sacked and destroyed the premises of the CNT in Guatemala City, capturing and carrying off 18 workers and beating up the watchman of the premises, Miguel Angel Olayo, with the butts of their weapons.
5. 280. CPUSTAL also alleges that leaflets were widely distributed ordering 30 major trade union leaders to leave the country within 30 days, failing which they would be killed.
6. 281. Lastly, the complainant alleges that on 29 March 1980 the headquarters of the FASGUA trade union organisation in Escuintla was attacked with machine-gun fire.

B. Observations of the Government

1. 282. In its communication of 16 June 1980, the Government states that on the day when the General Secretary of FASGUA was murdered by persons unknown, the Government gave precise instructions to the Detective Section of the National Police to investigate the case. The Government adds that it has not been possible to clarify the circumstances surrounding the death of this trade union leader and that of his wife because the murderers left no traces; the police are, however, continuing with their investigations.

C. Urgent appeals

1. 283. The Committee had to postpone its examination of the present case at its May 1980 meeting because it had not received the observations which it had requested of the Government, Subsequently, the Director-General addressed a pressing appeal to the President of the Republic of Guatemala, stating the need for the Government to reply in detail to the Committee's request for information. As the allegations referred to violent deaths, mistreatment and arrests of trade union leaders, the Committee included the case under the heading "Urgent appeals" in the reports on its November 1980 and February 1981 sessions, earnestly requesting the Government to send its observations on the allegations urgently. Since the Committee had had to postpone its examination of the case from its May 1980 session, it informed the Government at its last session that, in conformity with the procedure in force, it could present a report on the substance of the case at its next session even if the Government's observations had not yet been received. The Committee has still not received these observations.

D. Conclusions of the Committee

1. 284. In these circumstances, the Committee considers it necessary to recall the considerations which it set forth in its first report and which it has had occasion to repeat at various times, namely that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects governments against unreasonable accusations, governments on their side will recognise the importance of formulating for objective examination detailed replies to detailed factual charges.
2. 285. While noting the Government's communication of 16 June 1980, the Committee regrets that it has not received the detailed information which it requested.
3. 286. The Committee deeply deplores the deaths and murders of the trade union leaders and workers mentioned by the complainant and expresses its concern at the seriousness of the remaining allegations, which refer, in particular, to the ill-treatment and arrests of many trade union officials and workers, threats, violent interference in trade union meetings and attacks on trade union property and premises.
4. 287. The Committee wishes to draw the attention of the Government to the fact that a free and independent trade union movement can develop only under a regime which guarantees fundamental human rights' and requests the Government to adopt a policy for the taking of special measures to fully guarantee the right to personal safety, adequate protection against unjustified arrest and detention, the right of assembly and demonstration for trade union purposes, and the protection of trade union premises and property.
5. 288. The Committee requests the Government to inform it of developments in the situation, particularly with respect to the arrested trade union leaders.

The Committee's recommendations

• Recommendations of the Committee
  289. 289 In these circumstances, the Committee recommends the Governing Body to approve the present interim report, in particular the following conclusions:
• The Committee keenly regrets that, despite repeated requests, the Government has not replied in detail to the allegations of the complainant, and that the Committee has accordingly been obliged to examine the case without having received detailed observations from the Government.
• The Committee deeply deplores the deaths and murders of trade union leaders and workers and expresses its concern at the seriousness of the allegations.
• The Committee draws the attention of the Government to the fact that a free and independent trade union movement can develop only under a regime which guarantees fundamental human rights and requests the Government, in view of the deaths which have occurred and the seriousness of the allegations, to adopt a policy for the taking of special measures to fully guarantee the right to personal safety, protection against unjustified arrest and detention, the right of assembly and demonstration, and the protection of trade union premises and property.
• The Committee requests the Government to send its observations on the allegations made, in particular, as to the death of trade unionists mentioned in the complaint and as to the present situation of the arrested workers and trade union leaders.
• As is indicated in the introduction, the Committee empowers its Chairman to make contact with the government representatives at the next session of the International Labour Conference with a view to discussing the questions pending in the present case.