Definitive Report - Report No 243, March 1986

Case No 1311 (Guatemala) - Complaint date: 15-OCT-84 - Closed

1. 74. The complaint of the Autonomous Trade Union Federation of Guatemala, a trade union organisation in exile in Mexico, was presented on 15 October l984. In the absence of observations from the Government, the Committee adjourned examination of this case in November 1984 and in February, May and November 1985. The ILO has repeatedly requested the Government to transmit its observations on this case as soon as possible.
2. 75. The Government, despite these repeated requests, did not send a reply on this case. At its November l985 meeting, the Committee therefore addressed an urgent appeal to the Government requesting it to reply and drew its attention to the fact that, in conformity with the procedural rules set out in para. 17 of its 127th Report, approved by the Governing Body, it may present a report at its next meeting on the substance of the case even if the Government's observations have not been received in time for that meeting. (See 241st Report, para. 8, approved by the Governing Body at its 231st Session, November l985.)
3. 76. The Government subsequently sent a brief reply in a communication dated 17 January l986.
4. 77. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, l948 (No.87) and the Right to Organise and Collective Bargaining Convention, 1949 (No.98).

A. The complainant's allegations

1. 78. The complainant federation alleges that anti-trade union dismissals have taken place in the undertaking COINSA Computación, whose head office is located in Guatemala City.
2. 79. It states that it is impossible to set up a trade union in this undertaking, whose principal shareholder is the Granai and Towson Bank. It alleges that since September 1984 the workers of this undertaking have applied to the labour authorities for registration of their trade union in conformity with the legislation in force; however, on 17 and 18 September, all of the founding members of the executive committee of this trade union as well as the signatories of its constitution (a total of 22 workers) were dismissed.

B. The Government's reply

1. 80. In its reply of 17 January l986, the Government indicates that, on 28 September l984, the workers and the construction and investment company COINSA Computación signed a final agreement on the full settlement of all labour compensation and benefits due to the workers, in the presence of representatives of the Ministry of Labour and Social Security. According to the Government, at present there is no outstanding request or appeal by the workers concerned. The file, which is in the archives of the Labour Inspectorate, shows that the matter is closed.

C. The Committee's conclusions

1. 81. First, the Committee considers it necessary to recall the principle set out in its First Report (para. 31), namely that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact. The Committee is therefore confident that, just as this procedure protects governments against unreasonable accusations, governments on their side will recognise the importance of submitting detailed replies on the substance of the allegations for objective examination.
2. 82. Secondly, the Committee regrets that the Government has only sent an incomplete and tardy reply on the complaint presented on 15 October l984.
3. 83. The Committee observes that the complaint concerns allegations of anti-trade union dismissals and the impossibility of setting up a trade union in an undertaking. It notes that the complainant federation has not provided the names of persons alleged to have been dismissed and that, although it has been requested to do so, it has not sent any additional information to support its allegations.
4. 84. However, in view of the fact that the Government has not commented on the alleged impossibility of setting up a trade union in the company, the Committee would firmly draw the Government's attention to the importance which it attaches to the principle that workers should be able to form organisations of their own choosing without previous authorisation and that no person should be prejudiced in his employment by reason of his trade union membership, even if that trade union is not recognised by the employer as representing the majority of workers concerned.

The Committee's recommendations

1. 85. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions:
   • a) The Committee regrets that, despite the time which has elapsed since the complaint was presented and the numerous requests addressed to it, the Government has only sent an incomplete and tardy reply on this case.
   • b) The Committee firmly draws the Government's attention to the importance which it attaches to the principle that workers should be able to form organisations of their own choosing without previous authorisation and should not be prejudiced in their employment by reason of their trade union membership.