Interim Report - Report No 368, June 2013

Case No 2978 (Guatemala) - Complaint date: 02-AUG-12 - Closed

Allegations: The complainant organization alleges the mass dismissal of workers, in violation of the provisions of a collective agreement in the municipality of Jalapa, as well as anti-union persecution, dismissals, death threats and an attempted murder against members of the Trade Union of Workers of the Municipality of Pajapita

1. 507. The complaint is contained in two communications dated 1 August 2012 presented by the Trade Union Confederation of Guatemala (CUSG). The complainant organization sent additional information in a communication dated 22 May 2013.
2. 508. The Government sent partial observations in a communication dated 6 February 2013.
3. 509. 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. The complainant’s allegations

1. 510. In an initial communication dated 1 August 2012, the complainant alleges that on 30 April 2012, 216 workers of the municipality of Jalapa were dismissed, violating the collective agreement on working conditions signed by the Trade Union of Workers of the Municipality of Jalapa and by that municipality, in particular article 49 of the agreement concerning “employment stability and immunity from dismissal”. The trade union initiated legal proceedings as a result of which, on 24 May 2012, the Labour, Social Welfare and Family Court of First Instance of the municipality of Jalapa ordered the reinstatement of the dismissed workers to their posts. The complainant organization further alleges that, on 15 June 2012, members of the municipality abusively interrupted the mission of a committee of the Labour Court of First Instance in charge of directing the employee voting process regarding the strike action planned in protest against the abovementioned dismissals. It adds that the mayor publicly declared that he would not reinstate any of the workers, that the labour judge was not impartial and that he would file criminal proceedings against the trade union leaders and previous mayors for signing the collective agreement, which he declared illegal.
2. 511. In its communication dated 22 May 2013, the complainant organization states that, in the presence of the General Labour Inspectorate, a consensual agreement between the Municipality of Jalapa and the Trade Union of Workers of the Municipality of Jalapa was signed on 3 December 2012, providing for the reinstatement of all dismissed employees and the payment of wages as of 1 December 2012. The complainant adds that while the dismissed workers have been reinstated, back wages have not been paid, in violation of the agreement signed on 3 December 2012 and, for this reason, the conflict is not yet resolved.
3. 512. In a second communication, dated 1 August 2012, the CUSG alleges that Ms Tania Vanessa Castillo Rodríguez, Records and Agreements Secretary of the Trade Union of Workers of the Municipality of Pajapita, and Mr Walter Manfedo López Valdez, candidate to a union leadership position, were dismissed on 27 April and 10 July 2012, respectively, in violation of the agreement on working conditions in force between the abovementioned trade union and the municipality of Pajapita, especially with regard to its clauses on employment stability and trade union action.
4. 513. The complainant adds that, from March 2012, Ms Guadalupe Floridalma de León and Ms Marili Blanca Stzep Ramírez, respectively Trade Union Secretary-General and Finance Secretary, received death threats via telephone, indicating that they would be killed if they did not give up their trade union activities. Both leaders resigned on 5 July 2012. On 13 June 2012, Ms Guadalupe Floridalma de León and Ms Marili Blanca Stzep Ramírez filed a complaint before the Regional Deputy to the Office of the Human Rights Advocate, placing on the record that they believed that the threats came from the mayor of the municipality, his son and one of his collaborators. However, both leaders withdrew their complaints on the following day. The CUSG referred the case to the Public Prosecution Service on 14 June. The organization further alleges that an attempt was made on the life of Mr Orlando Joaquin Vazquez Miranda, Union Labour and Disputes Secretary, on 5 June 2012, and that no complaint was filed for fear of future reprisals.
5. 514. Lastly, the CUSG alleges that the Mayor of Pajapita is pressuring union members to sign pre-drafted letters of resignation, and is subjecting staff to various threats and blackmail to make them leave the union.

B. The Government’s reply

1. 515. In its reply dated 6 February 2013, the Government of Guatemala indicates that, as regards the situation of dismissed workers in the municipality of Jalapa, an out-of-court agreement by mutual consent was signed on 3 December 2012 between the municipality of Jalapa and the Trade Union of Workers of the Municipality of Jalapa in the presence of the General Labour Inspector, the Deputy Minister for Labour and delegates of the Office of the Prosecutor for Human Rights. Dated 1 December 2012, the agreement provides for the reinstatement of all dismissed employees, the payment by instalments of wage arrears, the withdrawal of the legal proceedings filed by the parties to the dispute, thereby ending the labour dispute between the municipality of Jalapa and the trade union.

C. The Committee’s conclusions

1. 516. The Committee observes that this case concerns, firstly, allegations of the mass dismissal of municipal workers, in violation of the collective agreement in force in the municipality of Jalapa, and secondly, allegations of death threats, attempted murder, pressure on unionists to leave the union, and anti-union dismissals against members of the Trade Union of Workers of the Municipality of Pajapita.
2. 517. The Committee takes note of the Government’s observations regarding the dismissal of the municipal workers of Jalapa. The Committee observes with satisfaction that, under the auspices of the General Labour Inspector and the Deputy Minister for Labour, the municipality of Jalapa and the Trade Union of Workers of the Municipality of Jalapa signed an agreement by mutual consent ending the labour dispute between the parties and providing for the reinstatement of the dismissed workers as well as the payment by instalments of wage arrears. The Committee also observes that, according to the information provided by the complainant organization in its communication dated 22 May 2013, the consensual agreement, as concerns the payment of back wages, has not yet been implemented. The Committee therefore requests the Government to keep it informed promptly about the payment of back wages to the workers of the Municipality of Jalapa following their reinstatement.
3. 518. The Committee observes with concern the very serious nature of the alleged anti-union acts, death threats and attempted murder against members of the Trade Union of Workers of the Municipality of Pajapita. The Committee deeply regrets that, despite the seriousness of these allegations and the time that has elapsed since the presentation of this case, the Government has not yet sent its observations in this regard.
4. 519. The Committee recalls 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 [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 44]. In the light of this principle and taking note with interest of the formal commitment made by the Government in the Memorandum of Understanding, signed on 26 March 2013 between the Government of Guatemala and the Workers’ group of the Governing Body of the ILO, to guarantee the safety of workers through effective measures to protect union members and leaders against violence and threats to enable them to carry out their trade union activities, the Committee urges the Government to hold an independent judicial inquiry without delay into the alleged events and to take the necessary measures to guarantee the safety of the persons threatened and to re-establish a climate of trust that enables the members of the Trade Union of Workers of the Municipality of Pajapita to engage freely in union activities. The Committee requests the Government to inform it without delay of the measures taken in this regard and of the outcome of the inquiry.

The Committee’s recommendations

1. 520. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed promptly about the payment of back wages to the workers of the Municipality of Jalapa following their reinstatement.
   • (b) The Committee urges the Government to hold an independent judicial inquiry without delay into the alleged anti-union acts, death threats and attempted murder against members of the Trade Union of Workers of the Municipality of Pajapita, and to take the necessary measures to guarantee the safety of the persons threatened and to re-establish the climate of trust so as to enable the members of the abovementioned union to engage in union activities.
   • (c) The Committee requests the Government to inform it without delay of the measures taken in this regard and of the outcome of the inquiry.
   • (d) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgent nature of the matters dealt with in this case.