Interim Report - Report No 373, October 2014

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 attempted murder against members of the Trade Union of Workers of the Municipality of Pajapita

1. 360. In its previous examination of the case, in June 2013, the Committee submitted an interim report to the Governing Body [see 368th Report, paras 507–520, approved by the Governing Body at its 318th Session (June 2013)].
2. 361. At its meetings in March 2014 [see 371st Report, para. 6] and June 2014 [see 372nd Report, para. 6], in view of the lack of observations, despite the time which had elapsed since the last examination of the case, the Committee made two urgent appeals to the Government and drew to its attention the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body at its 184th Session, it may present a report on the substance of this case, even if the observations or information from the Government have not been received in due time. In a document handed to the ILO mission headed by the Director of the International Labour Standards Department, which visited the country from 8 to 11 September 2014, the Government indicates that it has not been able to communicate with the municipalities mentioned in the case nor with the representatives of the trade unions. To date, no substantial information has been received from the Government.
3. 362. 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. 363. In its previous examination of the case, in June 2013, the Committee made the following recommendations on the issues which remained pending [see 368th Report, para. 520]:
   • (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.

B. The Committee’s conclusions

1. 364. The Committee regrets that, despite the time that has elapsed since the presentation of the complaints, the Government has not provided the requested information, even though the Committee invited it to do so by making urgent appeals at its meetings in March and June 2014. The Committee requests the Government to be more cooperative in the future.
2. 365. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body], the Committee is obliged to present a report on the substance of the case without being able to take account of the information which it had hoped to receive from the Government.
3. 366. The Committee recalls that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure respect for this freedom in law and practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of presenting for objective examination, detailed and precise replies concerning allegations brought against them.
4. 367. The Committee notes with concern the very serious nature of certain allegations in this case (anti-union acts, death threats and attempted murder of 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 which has elapsed since the submission of this case, the Government has not submitted the requested observations and information, and consequently reiterates the recommendations made at its meeting in June 2013. The Committee also recalls that, through the signing of the Memorandum of Understanding of 26 March 2013, with the Workers’ group of the ILO Governing Body, the Government of Guatemala undertook, inter alia, to guarantee the security of men and women workers, with effective measures to protect union members and leaders against violence and threats so that they can carry out their trade union activities. The Committee firmly expects that this commitment will be translated into concrete results in relation to the allegations in this case.

The Committee’s recommendations

1. 368. In view of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that, despite the time which has elapsed since the previous examination of the case in March 2013, the Government has not submitted the requested information and observations, despite the Committee having made two urgent appeals to it.
   • (b) The Committee once again requests the Government to keep it informed promptly of the payment of back wages to the workers of the municipality of Jalapa following their reinstatement.
   • (c) The Committee once again urges the Government to hold an independent judicial inquiry without delay into the alleged anti-union acts, death threats and attempted murder of 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 members of the abovementioned union to engage in union activities. The Committee once again 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 firmly expects that the commitments made by the Government of Guatemala, through the signature of the Memorandum of Understanding of 26 March 2013, will be translated into concrete results in relation to the allegations in this case.
   • (e) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.