Effect given to the recommendations of the committee and the Governing Body - Report No 354, June 2009

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

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

1. 92. The Committee last examined this case at its March 2008 session. On that occasion, the Committee made recommendations on the matters still pending [see 349th Report, paras 130–138].
2. 93. 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 had requested the Government to conduct an investigation into the alleged events and to keep it informed in that regard.
3. 94. In its communication of 27 October 2008, the Government provides information on the development of legal proceedings relating to the collective dispute which had been initiated by the union’s ad hoc committee in 2003 and indicates that the judicial authority determined that the workers had not exhausted the direct channels available. The appeal that they lodged was declared inadmissible as it had been lodged after the time frame prescribed by law. According to the Government, a new collective dispute against the municipality of El Tumbador is being processed before the judicial authority.
4. 95. The Committee regrets that the Government’s response does not specifically include the information that was requested but rather covers matters that were not mentioned in the complaint and requests it once again to conduct an investigation into the dismissal of the two workers belonging to the Trade Union of Workers of the municipality of El Tumbador (San Marcos) and to keep it informed in that regard.
5. 96. The Committee had requested the complainant organization to send the names of the trade union leaders for whom arrest warrants had been issued following the demonstration held on 14 March 2005, so that the Government could provide information on the current status of proceedings against them. The Committee regrets that the relevant information has not been sent despite having been requested on three occasions and for this reason it will not continue its examination of this allegation.
6. 97. 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 had noted the information according to which the dismissed workers initiated 14 reinstatement actions, of which four were successful and the workers involved are awaiting reinstatement, two were dropped, two were closed and six are pending a decision regarding an amparo action. The Committee notes that the Government has still not sent any observations concerning this matter. Under these circumstances, regretting this situation, the Committee once again requests the Government to ensure compliance with any reinstatement orders handed down by the judicial authorities and to keep it informed in this regard.
7. 98. Lastly, the Committee regrets that the Government has not sent its observations 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 launch an investigation and to keep it informed in this regard.