Interim Report - Report No 307, June 1997

Case No 1876 (Guatemala) - Complaint date: 03-APR-96 - Closed

Allegations: Abductions of and threats against trade union members

1. 302. The Committee examined this case at its March 1996 meeting and presented an interim report to the Governing Body (see 305th Report, paras. 315 to 326, approved by the Governing Body at its 267th Session (November 1996)).
2. 303. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in a communication dated 2 April 1997. The Government sent new observations in communications dated 31 March, and 16 and 26 May 1997.
3. 304. 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. Previous examination of the case

1. 305. In the previous examination of the case several allegations concerning the abduction or intimidation of, or death threats against trade union officers remained pending. The Committee formulated the following recommendations (see 305th Report, para. 326):
   • The Committee requests the authorities to initiate investigations into the death threats against the trade union leader Mr. Victor Hugo Durán and the kidnapping of Mr. Edwin Rolando Yoc, and to inform it of the progress made in the investigations concerning the death threats against Ms. Débora Guzmán Chupén and Ms. Vilma Cristina González, as well as the kidnapping of Ms. González for a period of four hours. The Committee emphasizes that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights.
   • Finally, while encouraged by the improved cooperation on the part of the Government, the Committee regrets that the Government has not sent its observations concerning the other allegations and urges it to forward them without delay; more specifically concerning:
     • - the kidnapping of Mr. Salvador Archila Miranda, a farm worker at "Los Cerros", on 31 March 1996, whose whereabouts are still unknown;
     • - the death threats against members of the Trade Union Federation of Banking Employees; in particular, a warning has been issued to Ms. Verónica Vázquez, Secretary-General, that if she does not provide the information requested concerning members of the Federation, she may be attacked;
     • - the threats against and intimidation of Mr. Félix Hernández, Mr. Jorge Galindo and Mr. Danilo Aguilar, leaders of the National Federation of Public Servants; and
     • - the death threats against Mr. Juan Francisco Alfaro Mijangos, Secretary-General of the Confederation of United Trade Unions of Guatemala (CUSG).

B. The ICFTU's new allegations

1. 306. In its communication dated 2 April 1997, the ICFTU alleges that on 13 March 1997 four heavily armed individuals seized trade union members Eswin Rocael Ruíz Zacarías, Edwin Tulio Enríquez García and Belarnino González de León at the M1 Kwang SA assembly plant (maquiladora) (Cantón Najarito, Villa Nueva, Department of Guatemala) and took them to the police station of Villa Nueva, where they were beaten and ill-treated in order to compel them to confess to a theft committed at the maquiladora a week earlier. They were released shortly afterwards, having been warned not to tell anybody about what had happened.

C. The Government's reply

1. 307. In its communications dated 31 March, and 16 and 26 May 1997, the Government states that a judicial inquiry has been opened into the attempt (using a firearm) on the life of Mr. Víctor Hugo Durán, following a complaint lodged by the trade union federation of which he is an officer. The Government also provides information on the progress of inquiries into the death threats against Ms. Débora Guzmán and states that both she and her husband have benefited from protective measures by the authorities so that they can work.
2. 308. Concerning the alleged abduction of Mr. Salvador Archila, the Government states that he was captured on 31 March 1996 in the context of judicial proceedings for having held hostage and threatened the lives of several public authorities and persons for three weeks during the occupation of the "Los Cerros" farm (San José El Rodeo) by rural workers. The judicial authority issued an order for his house arrest and the judicial proceedings are still under way.
3. 309. The Government also states that Ms. Verónica Vázquez told officials from the human rights department who interviewed her that on 27 February at about 6 p.m. as she was leaving work she was followed by a heavily built man; thinking he intended to assault her, she walked quickly but the man seized her by the shoulders and asked her whether she was the secretary of the Federation of Banking Employees, physically attacked her and attempted to force her to get into a car, but she managed to escape and got on a minibus. Ms. Vázquez also stated that she had chosen to stop working out of concern for her personal safety and to date has not reported these violent acts committed against her to the respective authorities. Since that time, Ms. Vázquez has not been threatened or persecuted and is working normally in the Federation of Banking Employees as administrative secretary.
4. 310. Concerning the alleged threats and acts of intimidation against Mr. Félix Hernández, Mr. Jorge Galindo and Mr. Danilo Aguilar, officers of the National Federation of Public Servants' Trade Unions (FENASEP), the Government states that officials of the human rights department spoke with trade union officer Jorge Galindo, secretary responsible for disputes of the federation, who stated that he had in fact been persecuted and received death threats from unidentified men. The threats were made on 19 February 1996 by unidentified men driving a beige four-door BMW with Californian licence plates and tinted windows. These unidentified persons, who were heavily armed, handed an envelope to a member of the federation containing a threat against Mr. Félix Hernández, Secretary-General of FENASEP, and four other officers, warning them that they would be killed if they did not leave the country. The persons concerned lodged a complaint regarding this act of intimidation and inquiries are under way.
5. 311. Regarding the arrest and ill-treatment of Messrs. Eswin Rocael Ruíz Zacarías, Edwin Tulio Enríquez García and Belarnino González de León, the Government has provided a number of details concerning the investigations undertaken in this matter. The investigations appear to establish a link between the theft of machines in the subcontractor's enterprise and the arrests by the security guards of the private police. The magistrate of Amatitlán has commenced an inquiry, and has given instructions for the case to be presented before the judicial authorities.

D. The Committee's conclusions

1. 312. The Committee notes with concern that the allegations in this case refer to the abduction or detention of, or acts of intimidation or death threats against trade union officers and members. Firstly, the Committee deeply deplores these acts and points out that "freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed" and that "the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected" (see Digest of decisions and principles of the Freedom of Association Committee, 4th (revised) edition, 1996, paras. 46 and 47).
2. 313. The Committee notes that according to the Government: (1) trade union officer Mr. Salvador Archila was not abducted, but detained and later placed under house arrest by the authorities in the context of judicial proceedings after having held hostage and threatened the lives of several public authorities and individuals for three weeks during the occupation of the "Los Cerros" farm by rural workers; (2) trade union officer Ms. Verónica Vázquez was the victim of a failed abduction attempt but chose not to lodge a complaint; (3) trade union officers Félix Hernández, Jorge Galindo and Danilo Aguilar lodged complaints concerning the death threats made against them and inquiries into the matter are currently under way; (4) a judicial inquiry has been opened into the attempt (using a firearm) on the life of trade union officer Víctor Hugo Durán; (5) inquiries are under way concerning the death threats addressed to trade union officer Débora Guzmán, who is benefiting from special measures to ensure her safety; and (6) the arrests of trade unionists, Eswin Rocael Ruíz Zacarías, Edwin Tulio Enríquez García and Belarnino González de León on 13 March 1997 are the subject of judicial inquiries. The Committee requests the Government to keep it informed of the progress of the above-mentioned judicial proceedings or inquiries.
3. 314. However, the Committee deplores the fact that the Government has not replied to the allegation concerning the death threats against Mr. Juan Francisco Alfaro Mijangos, Secretary-General of the Confederation of United Trade Unions of Guatemala (CUSG), or provided information on the request made during the previous examination of the case to initiate investigations into the abduction of Mr. Edwin Rolando Yoc (son of a trade union officer, now free). The Committee urges the Government to initiate inquiries as a matter of urgency into the allegations concerning Mr. Alfaro and Mr. Edwin Rolando Yoc and to keep it informed in this respect. The Committee requests the Government to keep it informed of the progress of the inquiries into the death threats made against Ms. Vilma Cristina González.
4. 315. Moreover, in view of the fact that the inquiries into most of the allegations have not yet been completed, the Committee reiterates its previous conclusions to the effect that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights.

The Committee's recommendations

1. 316. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes with concern that the allegations refer to the abduction of and death threats and acts of intimidation against trade union officers and deeply deplores these acts.
   • (b) The Committee requests the Government to keep it informed of the progress of the inquiries into the death threats against (1) trade union officers Félix Hernández, Jorge Galindo and Danilo Aguilar; (2) trade union officer Débora Guzmán; and (3) trade union member Vilma Cristina González.
   • (c) The Committee also requests the Government to keep it informed of the progress of the inquiry into the attempt (using a firearm) on the life of trade union officer Víctor Hugo Durán and the judicial inquiry regarding the arrests of Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez García and Belarnino González de León.
   • (d) Deploring the fact that the Government has not replied to the allegation concerning the death threats against Mr. Juan Francisco Alfaro Mijangos, Secretary-General of the Confederation of United Trade Unions of Guatemala (CUSG), or provided information on the request made in the previous examination of the case to initiate investigations into the abduction of Mr. Edwin Rolando Yoc (son of a trade union officer, now free), the Committee urges the Government to initiate inquiries without delay into the allegations concerning Mr. Alfaro and Mr. Edwin Rolando Yoc and to keep it informed in this respect.
   • (e) The Committee emphasizes that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights.