Definitive Report - Report No 332, November 2003

Case No 2179 (Guatemala) - Complaint date: 12-FEB-02 - Closed

Allegations: The complainant organization alleges numerous anti-trade union acts (various forms of pressure, threats with firearms, physical assaults, forced resignations, non-payment of wages, closure of the undertaking, etc.) directed against officials and members of the trade unions established in two companies (Choi Shin and Cimatextiles) in an export processing zone

1. 681. At its meeting in March 2003, the Committee examined this case and presented an interim report [see 330th Report, paras. 769-781, approved by the Governing Body at its 286th meeting in March 2003]. The Government sent new observations in its communication dated 29 August 2003.
2. 682. 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. 683. The allegations in this case refer to the following anti-trade union acts at the Choi Shin and Cimatextiles enterprises operating in the Villanueva free zone: (i) proposals to workers that they should join a solidarista association; (ii) dissemination of propaganda against the union and slanders against its officials; (iii) threats to place trade union officials on blacklists; (iv) unsuccessful offers of financial inducement to the general secretary of the union at the Choi Shin enterprise to leave the union, followed by assaults and threats by the company management, as well as pressure put on other union officials to make them leave the union; (v) a threat with a firearm and harassment of the trade unionist, Ms. López, and members of the family of the general secretary of the Cimatextiles union; (vi) pressure on workers to sign documents expressing opposition to the union; (vii) assaults and death threats against union officials at the Choi Shin enterprise made by non-unionized workers in the presence of company managers, which resulted in the resignation of some officials; (viii) death threats against the legal adviser of FESTRAS, which resulted in his resignation; (ix) closure of the enterprise for two days, during which wages were not paid; (x) questioning without prior notification of two trade union officials by officials of the Attorney-General’s Office; (xi) physical assaults against the union official, Mr. Sergio Escobar, inside the company; and (xii) the resignation of the general secretary of the union at Choi Shin following assaults and intimidation [see 330th Report, para. 778].
2. 684. At its meeting in March 2003, the Committee made the following recommendation [see 330th Report, para. 781]:
3. Noting with considerable concern the seriousness of the allegations, such as threats and physical assaults, and deeply regretting that the Government has not sent specific enough observations, the Committee strongly urges the Government to ensure that the investigation covers all the allegations made in this case concerning serious acts of violence and other anti?union acts at the Choi Shin and Cimatextiles enterprises in the Villanueva free zone, with a view to clarifying the facts, determining responsibility and punishing those responsible. The Committee requests the Government urgently to send complete observations in this respect and to consult without delay the enterprises and trade unions concerned through the national organizations.
4. B. The Government’s further reply
5. 685. In its communication of 29 August 2003, the Government states that, through the Ministry of Labour and Social Welfare, which seeks to apply sanctions on maquiladora plants which violate labour legislation, fines are imposed, fiscal privileges suspended and the closure of the undertaking may even be ordered. The Government adds that the Ministry of Labour carried out administrative proceedings to deal with the non-compliance of the Choi Shin and Cimatextiles textile enterprises, imposing sanctions on the offending companies in accordance with the law on the development and promotion of the maquila and export industry and contacting the Ministry of Finance so that it could proceed to withdraw the two firms’ special status regarding customs tariffs. In a press release published on 4 June 2003 in the daily newspaper Prensa Libre, the Ministry of Finance warned all companies of their duty to comply with standards, as well as of the sanctions that would be imposed in cases of non-compliance.
6. 686. The Government is pleased to announce that the labour dispute between employers and workers represented by the SitraChoi and SitraCima trade unions was resolved with the acceptance on 14 July 2003 of the Collective Agreement on Working Conditions.
7. 687. The Government adds (the relevant official document has been sent to the Committee) that against this background, on 15 July 2003, the trade unions gave written assurance that they would drop all legal actions brought by themselves and their members against both companies, as well as all complaints made to the General Labour Inspectorate within the space of eight working days.

C. The Committee’s conclusions

1. 688. The Committee notes with interest the Government’s declarations according to which the trade unions established in the Choi Shin and Cimatextiles enterprises and the enterprises themselves signed a collective agreement on 14 July 2003 that put an end to the collective dispute. The Committee also notes that the trade unions undertook to drop all legal actions brought by them and their members, as well as any complaints made to the General Labour Inspectorate.
2. 689. The Committee notes with deep concern the seriousness of the allegations related to acts of violence against trade unionists (death threats and assaults). The Committee recalls that trade union rights can only be exercised in a climate free of violence and threats and expects that acts of violence will not reoccur in the companies in question in the future.

The Committee's recommendations

1. 690. In light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes with interest that the trade unions established in the Choi Shin and Cimatextiles enterprises and the enterprises themselves signed a collective agreement on 14 July 2003 and observes that the trade unions dropped all legal actions brought by them, as well as any complaints made to the General Labour Inspectorate.
   • (b) Noting with deep concern the seriousness of the allegations related to acts of violence against trade unionists (death threats, assaults), the Committee recalls that trade union rights can only be exercised in a climate free of violence and threats and expects that acts of violence will not reoccur in the companies in question in the future.