Effect given to the recommendations of the committee and the Governing Body - Report No 330, March 2003

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

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

1. 88. At its meeting of November 2002, the Committee formulated the following conclusions and recommendations on the pending questions [see 329th Report, paras. 51?63]:
   • – The Committee regrets that the Government has not sent its observations on the allegations concerning: (1) the judicial rulings relating to the closure of the Cardiz S.A. company; (2) the kidnapping, assaults and threats against the trade unionist of the Santa María de Lourdes Farm, Walter Oswaldo Apen Ruiz and his family, and the death threats against the trade union leaders Rolando Sacuqui García, Wilson Armelio Carreto López and José Luis Mendía Flores; (3) the murder of the trade unionists of the Exacta Efraín Recinos Farm, Basilio Guzmán and Diego Orozco, the injuries to 11 workers and the detention of 45 workers from that farm; (4) the murder of the trade unionist José García González and the trade union leader Baudillo Amado Cermeño; and (5) the raid on the Luz y Fuerza Union. The Committee requests the Government to send its observations on these allegations indicating the status of the respective proceedings. The Committee deplores these acts of violence against trade unionists, expresses its great concern at this situation and points out to the Government that a free and independent trade union movement can only develop in a climate free of violence, threats and intimidation. The Committee requests the Government to guarantee the security of all the threatened trade unionists listed in this case.
   • – With respect to the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee takes note that a negotiating committee has been set up for all the pending issues (negotiation of a collective agreement, mass dismissals, etc.) and observes that the suspension of trade union leave had been initially resolved but that the complainant organization has now alleged that they were suspended again on 26 July 2002. The Committee observes that the dispute is the subject of court proceedings. The Committee stresses the importance of complying with judicial rulings which prohibit dismissals without legal authorization, hopes that the negotiating committee can quickly find a solution to the dispute and requests the Government to keep it informed of progress in that committee. The Committee requests the Government to communicate any ruling on these allegations.
   • – The Committee observes that the Government has sent insufficient or imprecise information on the other pending questions: the cases of SITRABI, the Santa María de Lourdes farm, the Hidrotécnica company, the municipality of Jalapa (breach of collective agreement) and the National Zoological Park. The Committee requests the Government to send additional information on these allegations. The Committee requests the Government to confirm that the trade unionist José Luis Mendía Flores has been reinstated in his job as ordered by the judicial authority.
   • [Santa María de Lourdes Farm: the Committee had requested the Government to indicate the legal grounds for the cancellation of the registration of all of the officers of the trade union and emphasized that it would have been appropriate to retain all of the trade union officers except the farm administrator.
   • With respect to the allegations of dismissal of the founders of the trade union formed in 1997 in Hidrotécnica S.A., the Committee:
   • n urged the Government to organize without delay an investigation into these allegations and keep it informed of developments;
   • n stated that the necessary measures should be taken so that trade unionists who have been dismissed for activities related to the establishment of a trade union are reinstated in their functions, if they so wish].
   • [As regards the allegations relating to the death threats received by members of the Workers’ Union of Banana Plantations of Izabal (SITRABI), 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 dismissals threatened and carried out by that company (25 dismissals at five farms), the Committee requests the Government:
   • n urgently to take the necessary measures to protect the security of the threatened trade unionists, place the cases of the alleged death threats and raid before the Attorney-General without delay and keep it informed of the penal sanctions applied;
   • n to ensure that anti-union dismissals do not take place and investigate the motives for the dismissals that have occurred; and
   • n to ensure respect for the collective agreement and keep it informed of developments in the situation].
   • – The Committee observes that other labour cases (outstanding from the last examination of the case) are the subject of judicial proceedings (Ace Internacional Company, Tanport Company, La Exacta farm). The Committee reiterates its previous recommendations on these questions and requests the Government to send additional information.
   • [Regarding the Tanport S.A. company, the Committee hopes that the existing discrimination will be ended without delay and requests the Government to inform it of the result of the legal proceedings undertaken to protect the money owed to the UNSITRAGUA members who were dismissed because of the company’s closure.
   • As regards the Ace Internacional S.A. assembly plant, the Committee had requested the Government urgently to communicate the court resolutions handed down on the serious allegations sent of discrimination and intimidation.
   • With respect to the La Exacta farm, the Committee had requested the Government to ensure compliance with the court orders on reinstatement of the workers dismissed from the La Exacta farm.]
2. 89. In its communication of 25 October 2002, the Guatemala Workers’ Union (UNSITRAGUA) states that the employer-controlled trade union SITRACOBSA (a fact admitted by the Government) opposed the decision by the Ministry of Labour to reactivate workers belonging to the legitimate trade union (SITECOBSA) of the Corporación Bananera S.A. and to declare void the suspension of those workers’ contracts of employment. UNSITRAGUA adds that on 2 September 2002, SITRACOBSA contributed to the negative and intimidatory attitude of the company (which has reinforced security at the entrance to the farm with heavily armed security guards and dogs) by assembling its members and temporary workers to intimidate SITECOBSA workers and UNSITRAGUA officers who were seeking together with labour inspectors to reinstate the SITECOBSA members as ordered by the Ministry of Labour. In a recent communication of 18 February 2003, the International Confederation of Free Trade Unions (ICFTU) sent additional information on some of the allegations in the complaint.
3. 90. In its communication of 30 December 2002, the Government states that it will provide information on the rulings concerning the Cardiz S.A. and Ace Internacional companies. The Government adds that the cancellation of the registration of the trade union officers of the Santa María de Lourdes farm was due to the expiry of the executive board on 21 April 2000 without a new board being appointed. On 18 September of that year, a new board was registered with the Ministry of Labour on submission of the appropriate documentation, but the Central Trade Union CUSG objected that the general assembly had included persons who were not members of the trade union, and the registration was therefore ordered to be cancelled. On 8 January, a new executive board was registered once the irregularities had been corrected.
4. 91. As to the alleged threats against the trade union officer, Otto Rolando Sacuqui, this person was no longer working at the Santa María de Lourdes farm and is now a supervisor of labour inspectors in the Ministry of Labour. As regards the threats against the SITRABI members, the Government points out that there are no complaints before the Presidential Human Rights Commission and that during a visit by the Attorney-General to the area to investigate the case no complaints materialized. There is now a good collective bargaining climate in the area.
5. 92. With respect to the break?in of the office of the Luz y Fuerza union, a criminal investigation is under way and the Government gives details of the actions undertaken. Finally, the Secretary-General of the trade union has not come forward to collaborate in the investigations.
6. 93. As to the threats against the unionist José Luis Mendía Flores, the Government reports that he changed his workplace and that his trade union confirmed that in any case the threats ceased two years ago.
7. 94. The Government states that it will inform the Committee about the judicial proceedings concerning the murder of the trade unionists at the La Exacta farm (Efraín Recinos, Basilio Guzmán and Diego Orozco) and other acts of violence, the injuries to 11 workers and the detention of 45 workers from that farm.
8. 95. With respect to the murder of the trade union official Baudillo Amado Cermeño Ramez, the Government sent a summary of the police and judicial proceedings in the case and provided the names of two suspects.
9. 96. As regards the threats against the trade unionists Miguel Angel Ochoa and Wilson Armelio Carreto López, the Government states that according to a search of Ministry of Labour records, these persons do not belong to any trade union. Moreover, there has been no complaint to the Attorney-General. Neither has the complainant organization provided details.
10. 97. As to the alleged violation of the collective agreement in the municipality of Jalapa, the Government states that the mayor responsible has been suspended from his duties and the present mayor has been able to restore collective bargaining and harmony between the parties.
11. 98. The Committee takes note of the Government’s explanations as to the reasons for the cancellation of the executive board of the trade union of the Santa María de Lourdes farm and observes that this matter was subsequently resolved in a satisfactory manner. The Committee also takes note that there are no complaints of threats against the trade unionist Otto Rolando Sacuqui, and that he has changed jobs and is now chief of inspectors in the Ministry of Labour. The Committee also takes note that the trade unionist José Luis Mendía Flores has changed his workplace and that his trade union confirmed that the previous threats had ceased. The Committee also takes note of the police and judicial proceedings concerning the murder of the trade unionist Baudillo Amado Cermeño Ramírez and requests the Government to inform it of the ruling in that case. The Committee further notes that according to the Government Mr. Miguel Angel Ochoa and Wilson Armelio Carreto López 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; the Committee invites the complainants to send comments on these observations. The Committee further takes note that, according to the Government, collective bargaining has been restored in the municipality of Jalapa following the appointment of a new mayor. Finally, the Committee takes note that the Secretary?General of Luz y Fuerza had not come forward to collaborate in the investigations into the break?in of the trade union headquarters, and stresses the importance of the trade union assisting in order to determine the circumstances of the break?in so as to identify the guilty parties.
12. 99. Lastly, the Committee regrets that the Government has not provided information on the other pending questions. The Committee requests the Government to send the requested information and observations without delay and observes that the Government has announced that it is sending information on some of these questions. The Committee also requests the Government to send its observations on the allegations contained in the UNSITRAGUA communication of 25 October 2002 and on the recent ICFTU communication of 18 February 2003.