Effect given to the recommendations of the committee and the Governing Body - Report No 333, March 2004

Case No 2050 (Guatemala) - Complaint date: 14-SEP-99 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 61. The Committee last examined this case at its November 2003 meeting [see 332nd Report, paras. 68-76]. On that occasion, the Committee made the following recommendations:
   • – With respect to the La Exacta farm, the Committee requests the Government to specify whether the friendly agreement to resolve the issue with regard to the La Exacta and/or San Juan El Horizonte farm, the relevant aspects of which refer to the need to reach an agreement on financial compensation within a period not exceeding five months and to establish other means of compensation that will benefit the families of the farm workers, includes the reinstatement of the workers who were dismissed, with regard to whom legal orders for reinstatement were issued.
   • – With regard to the closure of the CARDIZ S.A. company following the establishment of the trade union and the detention of the workers who remained on company premises to prevent the removal of company equipment, the Committee requests the Government to keep it informed of the outcome of the proceedings.
   • – With regard to the refusal of the La Aurora National Zoological Park to negotiate a new collective agreement with the trade union and the encouragement of a solidarity association, the Committee requests the Government to provide clarification on these issues.
   • – Furthermore, with respect to:
2. (1) the allegations relating to the kidnapping, assaults and threats against the trade unionists of the Santa Maria de Lourdes farm, Walter Oswaldo Apen Ruiz and his family, the Committee requests the Government to send its observations and to ensure that the safety of the trade union member, which had been threatened, is guaranteed;
3. (2) the allegations relating to the murder of trade union members Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzáles, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm, the Committee urges the Government to send information in this respect without delay;
4. (3) the murder of trade union member Baudillo Amado Cermeño Ramírez, the Committee requests the Government to send it a copy of the ruling handed down in this respect:
5. (4) the alleged threats against Miguel Angel Ochoa and Wilson Armelio Carreto López, the Committee invites the complainant organizations to send comments on the Government’s observations that state that these people do not belong to a trade union and that they have not filed complaints of threats with the Office of the Attorney-General;
6. (5) the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee requests the Government to keep it informed of progress in the negotiating committee on the issues;
7. (6) the allegations of dismissal of the founders of the trade union formed in 1997 in the Hidrotecnia S.A. company, the Committee requests the Government to keep it informed with regard to the investigation that is being carried out;
8. (7) the threats by the BANDEGUA company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement and the dismissals threatened and carried out by that company (25 dismissals at five farms), the Committee requests the Government to keep it informed of developments in this situation;
9. (8) the Tamport S.A. company, the Committee requests the Government to inform it of the result of the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure;
10. (9) the Ace International S.A. assembly plant, the Committee requests the Government urgently to communicate the court rulings handed down on the serious allegations of discrimination and intimidation;
11. (10) the Committee also requests the Government to send its observations on the new allegations, according to which the employer-controlled trade union SITRACOBSA (a fact admitted by the Government) opposed the decision of the Ministry of Labour to reactivate workers belonging to the legitimate trade union (SITECOBSA) of the Corporación Bananera S.A. company.
12. 62. In its communication of 16 October, the Trade Union of Workers of Guatemala (UNSITRAGUA) states that:
13. (1) with regard to the La Exacta farm, the workers have still not been reinstated and the former owners have sold the facilities, making it more difficult to comply with the court orders for reinstatement;
14. (2) with regard to the dispute involving the Banco de Crédito Hipotecario Nacional, following the mass dismissals and the refusal of the bank to comply with the court orders for reinstatement, the bank proceeded to employ new workers on a short-term basis, excluding them from the benefits of the collective labour agreement and from a variety of other benefits that are enjoyed by permanent workers;
15. (3) with regard to the Tamport S.A. company, the legal proceedings for partial payment of the wages owed are still being processed as a result of a number of delays in the proceedings, in spite of the fact that the closure of the enterprise was considered illegal by the judicial authority;
16. (4) with regard to the alleged anti-union discrimination at the Ace International S.A. company, the judicial authorities, the Appeals Court, the Supreme Court of Justice and the Constitutional Court rejected the legal actions lodged;
17. (5) with regard to the Corporacíon Bananera S.A. company, the administrative order to reinstate the workers has still not been acted on and, in spite of the Government having recognized that the trade union SITRACOBSA tends to favour the company, no proceedings have begun to dissolve it.
18. 63. In its communication of 9 January 2004, the Government states that:
    • – with regard to the La Exacta farm, the agreement for financial compensation was signed on 24 October 2003 between COPREDEH and workers’ representatives, relatives of the victims for whom the civil and criminal actions are still pending. The Government adds that, in the framework of the agreement, the workers requested the intervention of the Ministry of Labour and Social Security so that, through mediation, the parties might reach an agreement that was satisfactory to all of them. In the hearing on 17 December 2003, called by the General Labour Inspectorate, the new owners of the La Exacta farm stated that they were unaware of the labour disputes at the company and that it was for the former owners to assume responsibility for these. The Government states that the next hearing has been called for 16 January 2004;
    • – with regard to the refusal of the La Aurora National Zoological Park to negotiate a new collective agreement with the trade union and the fact that it has encouraged a solidarity association, the parties went to the Arbitration Court, which handed down a decision in December 2003. This decision is being appealed by the enterprise;
    • – with regard to threats by the BANDEGUA company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement, the Government states that there are no dismissals at the company and that the workers are well paid, have no disputes with the company and are members of SITRABI.
19. 64. In its communication of 27 October 2003, the Government states that the General Labour Inspectorate provided the information in a communication dated 25 October 2003 that the Trade Union of Workers of the Corporacíon Bananera S.A. company (SITRACOBSA) was legally recognized up to 19 September 2003, that this is an active organization with approved statutes wherein there is no record that its members represent employers’ interests and that, in the past three years, it has complied with all the legal requirements.
20. 65. With regard to the La Exacta and/or San Juan El Horizonte farm, the Committee notes the information provided by the complainant organization and the observations of the Government relating to the friendly agreement signed on 24 October 2003. The Committee notes that according to the information received in the framework of this agreement, the workers requested the intervention of the Ministry of Labour in order to obtain a solution that was satisfactory for all parties and that in one of the hearings arranged by the Labour Directorate, the new owners stated that they were not aware of the existence of labour disputes in the company and emphasized that these were the responsibility of the former owners. The Committee requests the Government to specify whether the agreement mentioned includes the reinstatement of the dismissed workers with regard to whom legal orders for reinstatement were issued, and to keep it informed of the outcome of the hearing of 16 January at the Ministry of Labour with the new owners and the workers’ representatives.
21. 66. With regard to the dispute at the La Aurora National Zoological Park, which was lodged with the Arbitration Court, the Committee requests the Government to keep it informed of the legal ruling with regard to the arbitrator’s decision issued in December 2003, which was appealed by the company.
22. 67. With regard to the threats by the BANDEGUA company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement, the Committee notes the Government’s information with regard to there being no disputes at the company.
23. 68. With regard to the allegations of the dissent from SITRACOBSA over the decision by the Ministry of Labour to cancel the suspension of the contracts of workers belonging to the legitimate trade union (SITECOBSA) of the Corporacíon Bananera S.A. company, the Committee notes the allegations of the complainant organization relating to the bias of SITRACOBSA in favour of the company and the lack of measures taken to dissolve this body, and the Government’s reply in which it denies that SITRACOBSA represents the employers’ interests. The Committee requests the Government to send its observations with regard to the alleged suspension of employment contracts for workers belonging to the other trade union (SITECOBSA) without delay.
24. 69. The Committee regrets that the complainant organizations have not sent the information requested on the Government’s statements that Miguel Angel Ochoa and Wilson Armelio Carreto López (who had been threatened) are not members of any trade union and that no complaints have been sent in respect of threats against these persons to the Attorney-General’s Office. The Committee requests the complainant organizations to send their observations without delay.
25. 70. The Committee regrets that the Government has sent no information on the other issues that remain pending since its last examination of the case and on the issues for which UNSITRAGUA has sent new information, and it urges the Government to send the information and observations requested on the following without delay:
    • – with regard to the closure of the CARDIZ S.A. company following the establishment of a trade union in the company and the unlawful detention of the workers who remained on company premises to prevent the removal of company equipment, the Committee requests the Government to send information on the outcome of the legal proceedings under way;
    • – with regard to the allegations concerning the kidnapping, assaults and threats against the trade unionists of the Santa María de Lourdes farm, Walter Oswaldo Apen Ruiz and his family, the Committee requests the Government to send its observations and to ensure that the safety of the trade union member, which has been threatened, is guaranteed;
    • – with regard to the allegations relating to the murder of trade union members Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzáles, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm, the Committee urges the Government to send information in this respect without delay;
    • – with regard to the murder of trade union member Baudillo Amado Cermeño Ramírez, the Committee requests the Government to send it a copy of the ruling handed down in this respect;
    • – with regard to the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee requests the Government to keep it informed of progress in the negotiating committee on all the ongoing issues and on the new allegations presented by UNSITRAGUA;
    • – with regard to the allegations of dismissal of the founders of the trade union formed in 1997 in the Hidrotecnia S.A. company, the Committee requests the Government to keep it informed of the investigation being carried out;
    • – with regard to the Tamport S.A. company, the Committee requests the Government to inform it of the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure;
    • – with regard to the Ace International S.A. assembly plant, the Committee requests the Government to send the judicial rulings handed down by the Appeals Court, the Supreme Court of Justice and the Constitutional Court rejecting the proceedings begun with regard to the serious allegations of discrimination and intimidation.