Effect given to the recommendations of the committee and the Governing Body - Report No 346, June 2007

Case No 2413 (Guatemala) - Complaint date: 14-MAR-05 - Closed

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

1. 54. The Committee last examined this case at its November 2006 meeting. On that occasion, the Committee made the following recommendations [see 343rd Report, para. 858]:
   • (a) As regards the events that took place during the demonstrations on 14 March 2005 (according to the complainant, the national civil police intervened during the event and started to fire tear gas at the demonstrators while, according to the Government, a disturbance of public order occurred during the demonstration and private property was damaged), the Committee regrets that the independent investigation it requested has not been carried out and urges the Government to take immediate steps to initiate such an investigation. The Committee requests the Government to keep it informed of the outcome of this investigation.
   • (b) As regards the alleged arrest warrants against the leaders who organized the protest of 14 March 2005, the Committee requests the complainant to communicate the names of the trade union leaders in question to enable the Government to carry out the appropriate investigation.
   • (c) As regards the alleged repression on 15 March 2005 by members of the national army and of the national civil police of demonstrators from trade unions and other organizations, resulting in the death of Juan Esteban López, leader of the Committee of Peasant Unity and member of the National Coordination of Peasant Organizations, and of the workers José Sánchez Gómez, Pedro Pablo Domingo García and Miguel Angel Velásquez Díaz, and in serious injuries to a further 11 workers (named by the complainant), the Committee deeply regrets that, with alleged events as serious as these, the investigation it requested has still not been launched, and urges the Government to take steps to initiate such an investigation immediately.
   • (d) As regards the alleged disrespectful statements by the President of the Republic in the media about trade union leaders and violence against participants in the demonstrations, the Committee once again requests the Government to take steps to initiate the investigation it requested and to keep it informed of the outcome.
   • (e) As regards the allegations with regard to the appeal lodged by the enterprise to revoke the resolution recognizing legal personality and approving the by-laws of the Trade Union of Workers of the Finca El Cóbano Ingenio Magdalena SA (SITRAFECIMASA) and the resolution of the Ministry of Labour which, disregarding the rules of due process, modified the name of the trade union by deleting the reference to Ingenio Magdalena SA, the Committee requests the Government to send it a copy of Order No. 48-2005, together with a copy of the resolution referred to by the complainant and the relevant labour inspection report, indicating why the workers who formed the trade union were not interviewed during the inspection.
   • (f) As regards the allegations concerning the dismissal of 23 workers who attempted to establish a trade union at the Finca El Cóbano (it is alleged that court reinstatement orders exist and have been ignored by the enterprise), the Committee regrets that the Government has not sent its observations on this matter and requests the Government to carry out an investigation without delay and, if judicial orders for the reinstatement of dismissed trade union members are found to exist, to take steps to ensure immediate compliance with these orders. The Committee requests the Government to keep it informed in this regard.
   • (g) As regards the allegations concerning the dismissal of five workers belonging to the Trade Union of Workers of the municipality of San Juan Chamelco, department of Alta Verapaz (it is also alleged that the judicial authorities ordered the reinstatement of the dismissed workers, but that the municipality refused to comply with the order), the Committee regrets that the Government has not sent its observations on this matter and urges the Government to carry out without further delay an investigation and, if orders for the reinstatement of dismissed trade union members are found to exist, to take steps to ensure immediate compliance with these orders and to keep it informed in this regard.
   • (h) As regards the alleged dismissal of a worker belonging to the Trade Union of Workers of the San Vicente Tuberculosis Sanatorium, in violation of the provisions of the collective agreement on working conditions, the Committee regrets that the Government has not sent its observations on this matter, expects that the judicial proceedings currently under way will soon be concluded, and urges the Government to keep it informed of the outcome.
   • (i) As regards the alleged dismissal of two workers belonging to the Trade Union of Workers of the municipality of El Tumbador, San Marcos, in the context of a collective dispute during the negotiation of a collective agreement on working conditions, the Committee regrets that the Government has not supplied its observations on this matter and requests it to take steps to conduct an investigation into the alleged events and to keep it informed in this regard.
   • (j) As regards the alleged lockout at Bocadelli SA following the submission of a draft collective agreement by the enterprise’s trade union, the Committee requests the Government to continue taking steps to bring about an agreement between the parties, expects that the abovementioned judicial proceedings currently under way will soon be concluded, and requests to be kept informed in this regard.
2. 55. The Government sent observations in communications dated 22 November, 11 and 18 December 2006, and 12 January and 16 April 2007.
3. 56. As regards the events that took place during the demonstrations on 14 March 2005 (according to the complainant organization, the national civil police intervened during the event and started to fire tear gas at the demonstrators while, according to the Government, a disturbance of public order occurred during the demonstration and private property was damaged), the Committee notes that, according to the Government, the criminal investigation which was launched is currently ongoing. Given that more than two years have already passed since the events occurred and recalling that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 105], the Committee requests the Government to take all the measures in its power to ensure that the said investigation clarifies the facts and identifies those responsible in the near future.
4. 57. The Committee requested the complainant organization to communicate the names of the trade union leaders for whom arrest warrants had been issued, in order to enable the Government to carry out the appropriate investigation. The Committee regrets that the said information has not been sent and requests the complainant organization to send it without delay.
5. 58. As regards the alleged repression on 15 March 2005 by members of the national army and of the national civil police of demonstrators from trade unions and other organizations, resulting in the death of Juan Esteban López, leader of the Committee of Peasant Unity and member of the National Coordination of Peasant Organizations, and of the workers José Sánchez Gómez, Pedro Pablo Domingo García and Miguel Angel Velásquez Díaz, and in serious injuries to a further 11 workers, the Committee notes the Government’s statement to the effect that a criminal investigation is ongoing. The Committee requests the Government to take the necessary measures to ensure that the said investigation is completed in the near future, in order to clarify the facts and identify those responsible.
6. 59. As regards the alleged disrespectful statements by the President of the Republic in the media about trade union leaders and violence against participants in the demonstrations, with regard to which the Committee requested that an investigation be initiated and that it be kept informed in that regard, the Committee regrets that the Government has not kept it informed in that respect and requests it to do so without delay.
7. 60. As regards the allegations with regard to the appeal lodged by the enterprise to revoke the resolution recognizing legal personality and approving the by-laws of the Trade Union of Workers of the Finca El Cóbano Ingenio Magdalena SA (SITRAFECIMASA) and the resolution of the Ministry of Labour which, disregarding the rules of due process, modified the name of the trade union by deleting the reference to Ingenio Magdalena SA, the Committee requested the Government to send it a copy of Order No. 48-2005, together with a copy of the resolution referred to by the complainant and the relevant labour inspection report, indicating why the workers who formed the trade union were not interviewed during the inspection. The Committee regrets that the Government has not sent its observations in this regard and requests it to do so without delay.
8. 61. As regards the allegations concerning the dismissal of 23 workers who attempted to establish a trade union at the Finca El Cóbano (it is alleged that court reinstatement orders exist and have been ignored by the enterprise), the Committee requested the Government to carry out an investigation without delay and, if judicial orders for the reinstatement of dismissed trade union members were found to exist, to take steps to ensure immediate compliance with those orders. The Committee notes the information provided by the Government to the effect that the workers who were dismissed initiated 14 reinstatement actions, four of which were successful and the workers involved are awaiting reinstatement, two were dropped, two were closed and six are pending owing to the presentation of an amparo action (appeal for the protection of constitutional rights). The Committee requests the Government to ensure that the reinstatements ordered by the judicial authority are carried out and to keep it informed of developments.
9. 62. As regards the allegations concerning the dismissal of five workers belonging to the Trade Union of Workers of the municipality of San Juan Chamelco, department of Alta Verapaz, the Committee requested the Government to carry out without further delay an investigation and, if orders for the reinstatement of dismissed trade union members were found to exist, to take steps to ensure immediate compliance with those orders. The Committee notes with interest that, according to the copies of the reinstatement reports sent by the Government, the five workers who had been dismissed were reinstated on 18 May 2006.
10. 63. As regards the alleged dismissal of a worker belonging to the Trade Union of Workers of the San Vicente Tuberculosis Sanatorium, in violation of the provisions of the collective agreement on working conditions, the Committee requested the Government to keep it informed of the outcome of the judicial proceedings under way. The Committee notes with interest that, on 12 February 2007, the Sixth Judge of the Labour and Social Security Court in the first economic zone ordered the reinstatement of the dismissed worker in his post. This measure was implemented on 2 March 2007.
11. 64. As regards the alleged dismissal of two workers belonging to the Trade Union of Workers of the municipality of El Tumbador, San Marcos, in the context of a collective dispute during the negotiation of a collective agreement on working conditions, the Committee requested the Government to take steps to conduct an investigation into the alleged events and to keep it informed in this regard. The Committee regrets that the Government has not sent its observations in this regard and requests it to do so without delay.
12. 65. As regards the alleged lockout at Bocadelli SA following the submission of a draft collective agreement by the enterprise’s trade union, the Committee requested the Government to continue to take steps to bring about an agreement between the parties and requested to be kept informed in this regard. The Committee regrets that the Government has not sent its observations in this regard and requests it to do so without delay.
13. 66. As regards the allegations contained in the communication of the Trade Union of Workers of Guatemala (UNSITRAGUA) of 2 October 2006, relating to delays affecting the registration of the executive committee of the Trade Union of Workers of the Ministry of the Environment and Natural Resources (SITRAMARN) owing to an application for revocation lodged by the Ministry of the Environment and Natural Resources, which has prevented the trade union from initiating a collective bargaining process, despite the fact that, according to the allegations, Guatemalan legislation establishes that the said appeals do not have a suspensive effect, the Committee notes with interest that the Government states that the revocation appeal was rejected and the procedure for the recognition of the trade union’s legal personality continued, with the members of the executive committee being registered.