Report in which the committee requests to be kept informed of development - Report No 287, June 1993

Case No 1666 (Guatemala) - Complaint date: 09-JUL-92 - Closed

1. 291. The complaint in the present case is contained in a communication from the Latin American Central of Workers (CLAT) dated 9 July 1992. The CLAT subsequently presented new allegations in a communication dated 2 November 1992.
2. 292. In the absence of information from the Government concerning the allegations, the Committee was on two occasions obliged to postpone its consideration of this case, finally addressing an urgent appeal to the Government at its March 1993 meeting to transmit its observations (see 286th Report, para. 10).
3. 293. Finally, the Government sent its observations in a communication dated 27 April 1993.
4. 294. Guatemala has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 295. In its communication of 9 July 1992, the complainant states that 800 peasant workers were dismissed from different estates during the course of the year, severance pay having subsequently been agreed for some of them through a collective agreement. According to the complainant, those peasant workers who were unable to receive severance pay gathered peacefully in the capital's Main Square in early July 1992, where they were violently dispersed and suppressed. The complainant adds that the Government considerably aggravated the situation by revoking the Act on financial compensation, which provided for severance pay for workers in the event of their dismissal.
2. 296. In its communication of 2 November 1992, the complainant alleges that trade union leader Zenón Sánchez López was murdered on 2 October 1992 on the Carmen de Mirón estate in the jurisdiction of the municipality of Colomba, Costa Cuca, and that various physical attacks resulting in serious injuries were carried out on the following trade union leaders: Jesús Miranda (a CGTG leader) on 12 June 1992, Cesario Chanchavac (member of the Urban Transport and Related Services Trade Union) on 26 June 1992, and Jacinto Sánchez del Cid (Secretary-General of the Trade Union of Workers of the Municipality of Palín and a CGTG leader) on 2 October 1992. In addition to this, death threats were made against Mr. Miranda and other CGTG leaders. According to the complainant, these violent acts demonstrate the intention of certain sectors in Guatemala to put an end to trade union activity.

B. The Government's reply

1. 297. In its communication of 27 April 1993, the Government states that, following the occupation of the Main Square by the workers implicated in the dispute (this occupation constituting an offence by virtue of the Penal Code) and after having tried to find a solution to their claims through the intermediary of a high-level commission, the Government was forced to intervene in order to guarantee law and order and to avoid an illegal occupation of the Main Square.
2. 298. The Government states, moreover, that Mr. Jesús Miranda was run over by a vehicle whose driver escaped and thus could not be identified. The Government indicates that the judicial authorities are currently holding an inquiry on this matter.

C. The Committee's conclusions

1. 299. The Committee observes that the allegations presented refer to the murder of and physical attacks and death threats against trade union leaders and to the violent dispersal and suppression of dismissed peasant workers who had gathered peacefully in the Main Square of the capital and were demanding their rights. The Committee deplores the delay by the Government in sending its observations on the allegations presented in July and November 1992; the Committee therefore was obliged on two occasions to postpone its consideration of the case and finally, to address an urgent apeal to the Government to transmit its observations, at the Committee's March 1993 meeting.
2. 300. The Committee notes the Government's observations of 27 April 1993 according to which the security forces were forced to intervene to evacuate the Main Square given that its occupation constituted an offence and the Government considered it necessary in order to guarantee law and order. The Committee recalls that in general, the use of the forces of order during trade union demonstrations should be limited to cases of genuine necessity (see Digest, op. cit., para. 167). It also notes that, according to the Government, a judicial inquiry is currently being held to shed light on the physical attack on the trade union leader Jesús Miranda.
3. 301. The Committee expresses its deep concern at the seriousness of the allegations. The Committee regrets that the Government merely states that the expulsion of workers gathered in the Main Square was necessary in order to guarantee public order and that it did not provide its observations on the totality of the allegations concerning the murder of a trade union leader and the physical attacks on, and death threats against, other trade union leaders. In these circumstances, noting that the Government mentions the opening of a judicial inquiry only with respect to the physical attack on one of the three wounded trade union leaders and that it does not provide any observations on the other wounded persons nor on the murder of Mr. Zenón Sanchez López and the alleged death threats, the Committee insists on the need for independent judicial inquiries to be carried out into each case with a view to fully ascertaining these facts, determining responsibilities, punishing those responsible and preventing the repetition of such actions (see Digest, op. cit., para. 78). The Committee urges the Government to ensure that such judicial inquiries are carried out and that it keep the Committee informed as to the result of those inquiries, as well as to the result of the inquiry that has been opened on the physical attack on Mr. Jesús Miranda.
4. 302. The Committee draws the Government's attention to the fact that a climate of violence such as that surrounding the murder of trade union leaders constitutes a serious obstacle to the exercise of trade union rights, with such acts requiring severe measures to be taken by the authorities (see Digest, op. cit., para. 76).

The Committee's recommendations

1. 303. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee emphasizes the principle according to which trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists, it being for governments and in this case, for the Government of Guatemala, to ensure that this principle is respected.
   • (b) The Committee expresses its serious concern in view of the limited nature of the information furnished to it by the Government after having been obliged to postpone its consideration of this case on two occasions and in spite of the urgent appeal that it addressed to the Government at its March 1993 meeting. In view of the seriousness of the allegations, the Committee is bound to ask the Government to ensure that judicial inquiries are carried out as quickly as possible with a view to ascertaining fully the alleged facts - the murder of trade union leader Zenón Sánchez López; the physical attacks on trade unionists Cesario Chenchavac and Jacinto Sánchez del Cid; and the death threats made against CGTG trade union leaders - determining responsibilities, and punishing the guilty parties accordingly.
   • (c) The Committee requests the Government to keep it informed of the results of those inquiries as well as of the results of the inquiry currently being held on the physical attack against Mr. Jesús Miranda.