Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

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

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

1. 98. The Committee last examined these cases at its June 2005 meeting [see 337th Report, paras. 77-79]. On that occasion:
2. (a) with respect to the allegations concerning the Banco de Crédito Hipotecario Nacional (anti-union dismissals and suspensions), the Committee recalled that the Government had provided information about action being taken by the negotiating committee in respect of these allegations and requested the Government to keep it informed of the progress made by that committee;
3. (b) with respect to the allegations relating to the Tamport S.A. company (dismissals due to the company’s closure), the Committee requested the Government to inform it of the final results of the legal proceedings under way;
4. (c) with regard to the dispute at the La Aurora National Zoological Park, the Committee noted that the judicial authority had confirmed the arbitrator’s decision which had been appealed by the company. It also noted that the arbitrator’s decision was at that time in the implementation phase, waiting for the joint commission, established in accordance with the arbitrator’s decision, to issue the respective report; the Committee requested the Government to keep it informed of the report of the joint commission mentioned;
5. (d) with regard to the dismissals from the La Exacta and/or San Juan El Horizonte farm, in respect of which reinstatement had been ordered, the Committee requested the Government to keep it informed of the reinstatement proceedings under way;
6. (e) with regard to the murder of Mr. Baudillo Amado Cermeño Ramírez in December 2001, the Committee requested the Government to send it the ruling handed down in that respect;
7. (f) with regard to the allegations concerning the kidnapping of and assaults and threats against the trade unionist of the Santa María de Lourdes farm, Mr. Walter Oswaldo Apen Ruiz, and his family, the Committee requested the Government to send its observations and to ensure that the safety of the trade union member, which had been threatened, was guaranteed; and
8. (g) 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
9. 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm, the Committee urged the Government to send information in this respect without delay.
10. 99. In communications dated 20 July and 31 August 2005, the Government made the following observations:
11. – with regard to the allegations relating to the Tamport S.A. company (in respect of which the Committee had requested the Government to inform it concerning the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure), efforts are being made to resolve this case in the courts. The parties have been asked to appoint representatives to form the conciliation tribunal so that the proceedings can continue; however, they have as yet failed to do so and show a lack of interest in resolving the dispute. The Committee notes this information and requests the Government to keep it informed of the outcome of the judicial proceedings concerning the alleged acts;
12. – with respect to the dispute at the La Aurora National Zoological Park, the joint commission set up pursuant to the arbitrator’s decision has already fulfilled its commitments; however, the Third Court identified a number of flaws in the provisions of the collective agreement on working conditions. The Government also states that the judicial authority had ordered those flaws to be corrected and that once they have been corrected, the agreement in question can be definitively approved and concluded. The Committee takes note of this information.
13. 100. Lastly, the Committee regrets that the Government has not communicated the observations requested on the other pending issues. Under these circumstances, the Committee asks the Government to send without delay the requested information on the allegations concerning murder, acts of violence, detention of trade union members and acts of anti-union discrimination at the Banco de Crédito Hipotecario Nacional, the Tamport S.A. company and the La Exacta and/or San Juan El Horizonte farm.