Effect given to the recommendations of the committee and the Governing Body - Report No 351, November 2008

Case No 2390 (Guatemala) - Complaint date: 30-SEP-04 - Closed

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

1. 78. At its November 2007 session, the Committee made the following recommendations on the issues still pending [see 348th Report, paras 110–112]:
   • The Committee observes that the two Horticultura de Salamá trade unionists whose reinstatement was ordered by the courts are currently abroad. The Committee requests the complainant organization to inform these trade unionists of the court decision concerning their reinstatement so that they can act on it as they see fit.
   • As to the allegations concerning dismissals and anti-union acts by the NB Guatemala company, the Committee notes the decision of the Human Rights Procurator in which he considers that no violation of freedom of association has taken place. The Committee invites the complainant organization to provide its comments in that regard if it so wishes.
   • Lastly, the Committee regrets that the Government has not sent the information requested on the allegations concerning INTECAP (acts of interference, pressure and threats against workers to force them to leave the trade union). Therefore, the Committee reiterates its earlier recommendation, and again requests the Government to take the necessary measures to ensure that an independent inquiry is carried out into the alleged facts and to keep it informed in that regard, as well as of the result of the tripartite committee’s attempts at conciliation.
2. 79. In its communication dated 1 April 2008, the Government states that it has submitted the pending issues to the Tripartite Committee on International Labour Affairs in order to find a solution to those issues. Several meetings have already been held and information will be provided on the agreements reached by the parties.
3. 80. The Committee takes note of this information and requests the Government to keep it informed in this regard. The Committee points out that the pending issues date back to 2004 and hopes that they will be resolved soon.