Report in which the committee requests to be kept informed of development - Report No 351, November 2008

Case No 2540 (Guatemala) - Complaint date: 16-JAN-07 - Closed

Allegations: Murder of a portworkers’ trade union official and death threats against trade unionists; anti-dialogue attitude of the company

1. 885. The Committee examined this case at its meeting in November 2007 and presented an interim report to the Governing Body [see 348th Report, paras. 788–821, approved by the Governing Body at its 300th Session (November 2007)].
2. 886. The Government subsequently sent new observations in a communication dated 10 December 2007.
3. 887. 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. 888. At its November 2007 meeting, the Committee made the following recommendations on the matters that remained pending [see 348th Report, para. 821]:
   • – The Committee strongly condemns the murder of trade union official Mr Pedro Zamora and the death threats and other acts of intimidation against the five remaining officials of the trade union STEPQ, and urges the Government to do everything within its power to step up the current investigation and the measures to arrest the suspected perpetrators of the murder of trade union official Mr Pedro Zamora, and to ensure that investigations are also carried out into the death threats received by this trade union official and the five remaining members of the executive committee and their families. The Committee asks the Government to keep it informed in this regard and emphasizes the importance of resolving these crimes without delay and identifying and punishing the guilty parties. The Committee also asks the Government to indicate how the complaint regarding threats and intimidation, filed by the trade union with the Office of the Attorney-General prior to the murder of trade union official Mr Pedro Zamora, was followed up. Lastly, the Committee asks the Government to take all the necessary steps to protect the members of STEPQ’s executive committee who are being threatened and to keep it informed in this respect.
   • – The Committee requests the Government to respond to the allegation that the Puerto Quetzal Harbour Company favours a particular group of workers so that it might replace the leadership of STEPQ or acquire enough power to claim the right to negotiate the next collective agreement.
2. 889. In a communication dated 16 October 2007, the Government reported that the action taken by the Office of the Attorney-General had allowed for an identification of the potential suspects in the murder of trade union official Pedro Zamora, and that the judicial authority had issued the corresponding arrest warrants in order to initiate the appropriate procedure [see 348th Report, para. 807].

B. The Government’s reply

1. 890. In a communication dated 10 December 2007, the Government refers to the alleged threats against the executive committee of the Workers’ Trade Union of the Puerto Quetzal Harbour Company and to the Committee’s request regarding the follow-up to the complaint of threats and intimidation, filed by the trade union prior to the murder of trade union official Pedro Zamora.
2. 891. The Government indicates that the Municipal Prosecution Service of the Port of San José, Escuintla, states that on 17 April 2006 it received a complaint from the District Prosecutor’s Office of the Department of Escuintla, submitted on 13 February 2006 by Pedro Zamora Alvarez, at that time secretary-general of the executive committee of the Workers’ Trade Union of the Puerto Quetzal Harbour Company, and an investigation was initiated into the issuing of threats; the complainant Pedro Zamora was summoned (prior to his murder), but did not attend; both he and the executive committee of the trade union concerned were later summoned again, but the only person to attend, on 19 May 2006, was Lázaro Noé Reyes (who at that time was serving as secretary for organization of the trade union in question), who explained that the trade union and the management of the Puerto Quetzal Harbour Company had reached a satisfactory understanding and that consequently there was currently no need to pursue the complaint.

C. The Committee’s conclusions

1. 892. The Committee recalls that the complainant organizations had made the following serious allegations: (1) the murder of the portworkers’ trade union official Pedro Zamora and the injuring of one of his children while the murder was being committed; (2) Pedro Zamora and his family had received death threats and been stalked and intimidated (before his death), as had the five other members of the executive committee of the portworkers’ trade union and their families; according to the complainants, the formal complaint regarding threats and intimidation which had been lodged by the trade union with the Office of the Attorney-General one year prior to these events had not resulted in any action being taken; and (3) the setting up of a pro-management group of workers to replace the leadership of the portworkers’ trade union or to acquire enough power to claim the right to negotiate the next collective agreement.
2. 893. The Committee regrets that the Government has sent limited information and, in particular, that it has sent no new information on developments in the criminal proceedings relating to the murder of trade union official Pedro Zamora. The Committee must therefore once again deeply deplore the murder of this trade union official and it urges the Government to do everything within its power to step up the current investigation and actions to arrest, prosecute and punish the perpetrators of the murder of trade union official Pedro Zamora and of the injury caused to one of his children (in October 2007, the Government indicated that the potential suspects had been identified). The Committee urges the Government to keep it informed in this regard. The Committee therefore once again urges the Government to take all necessary steps to protect the members of STEPQ’s executive committee who are being threatened and to keep it informed in this respect.
3. 894. Observing that in recent years it has had to examine recurring allegations of violence against trade unionists and trade union officials, the Committee once again draws the Government’s attention to the principle whereby a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty; freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed; the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 43–45 and 52]. Moreover, the Committee recalls that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights.
4. 895. With regard to the death threats against the trade union official Pedro Zamora and his family (before the official’s death) and against the five remaining members of the executive committee and their families, the Committee notes the Government’s explanations about the reasons why protection was not arranged for Pedro Zamora and the five remaining members of the executive committee of the trade union. The Committee notes in particular that, according to the Government, neither Pedro Zamora nor the members of the executive committee attended the summons at the Prosecutor’s Office and that when summoned a second time, only one representative of the trade union committee attended, who said that the issue of the threats that had been denounced was currently of little relevance given that the trade union and the management of the Puerto Quetzal Harbour Company had reached a satisfactory understanding. In view of this explanation by the Government, and in the absence of any additional information from the complainant, the Committee will not pursue its examination of this allegation.
5. 896. Lastly, the Committee regrets that the Government failed to send its observations on the allegation that the Puerto Quetzal Harbour Company favours a particular group of workers so that it might replace the leadership of STEPQ or acquire enough power to claim the right to negotiate the next collective agreement. The Committee requests the Government to promote collective bargaining between the trade union and the enterprise.

The Committee's recommendations

1. 897. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that the Government has sent limited information and, in particular that it has sent no new information on developments in the criminal proceedings relating to the murder of the trade union official Pedro Zamora. The Committee must therefore once again express its profound regret at the murder of this trade union official and the injury caused to one of his children and urges the Government to do everything within its power to step up the current investigation and actions to arrest, prosecute and punish the perpetrators of the murder of trade union official Pedro Zamora. The Committee urges the Government to keep it informed in this regard. The Committee also urges the Government once again to take all necessary steps to protect the members of STEPQ’s executive committee who are being threatened and to keep it informed in this respect.
   • (b) Observing that in recent years it has had to examine recurring allegations of violence against trade union officials and members, the Committee once again calls the Government’s attention to the principle whereby a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty; freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.
   • (c) The Committee emphasizes that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected. Moreover, the Committee recalls that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights.
   • (d) Lastly, the Committee regrets that the Government has not sent its observations on the allegation that the Puerto Quetzal Harbour Company favours a particular group of workers so that it might replace the leadership of STEPQ or acquire enough power to claim the right to negotiate the next collective agreement. The Committee requests the Government to promote collective bargaining between the trade union and the enterprise.
   • (e) The Committee calls the Governing Body’s attention to this serious and urgent case.