Interim Report - Report No 387, October 2018

Case No 2609 (Guatemala) - Complaint date: 24-OCT-07 - Active

Allegations: The complainant organizations allege numerous murders and acts of violence against trade union members and flaws in the system that result in criminal and labour-related impunity

1. 367. The Committee last examined this case at its June 2017 meeting, when it submitted an interim report to the Governing Body [see 382nd Report, approved by the Governing Body at its 330th Session (June 2017), paras 315–354].
2. 368. The Indigenous and Rural Workers’ Trade Union Movement of Guatemala (MSICG) and Global Unions of Guatemala sent new allegations in a communication dated 19 July 2018. The Trade Union Confederation of Guatemala (CUSG) sent new allegations in a communication dated 20 August 2018.
3. 369. The Government sent its observations in communications dated 19 February, 1 March, 19 March and 18 September 2018.
4. 370. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 371. At its June 2017 session, the Committee made the following recommendations [see 382nd Report, para. 354]:
   • (a) The Committee expresses once again its deep and growing concern over the seriousness of this case, given the many instances of murder, attempted murder, assaults and death threats and the climate of total impunity.
   • (b) The Committee hopes that the cooperation between the Public Prosecutor’s Office and the national civil police in investigating the murders of members of the trade union movement will continue to be strengthened and institutionalized and requests the Government to keep it informed in that regard.
   • (c) The Committee again urges the Government to take as a matter of urgency all necessary measures to ensure that the possible anti-union motive for the murders of members of the trade union movement is fully and systematically taken into account in planning and conducting investigations and that the investigations focus on both the perpetrators and the instigators of the acts. The Committee requests the Government to keep it informed, without delay, of the measures taken and the results obtained in this respect, particularly in the aforementioned cases in which possible anti-union motives have been found.
   • (d) The Committee again urges the Government to inform it promptly of the initiatives taken and the results obtained with regard to the allocation, as a matter of urgency, of additional economic and human resources to the Special Unit of the Public Prosecutor’s Office for Crimes against Trade Unionists.
   • (e) The Committee urges the Government to take all necessary measures to establish special courts in order to deal more swiftly with crimes and offences committed against members of the trade union movement. The Committee requests the Government to inform it of concrete initiatives taken in this regard.
   • (f) The Committee requests the Government to take all necessary steps to strengthen institutional cooperation with the CICIG and the Trade Union Committee of the Public Prosecutor’s Office with support from the Representative of the Director-General in Guatemala.
   • (g) The Committee once again urges the Government to develop and implement effective protection measures for persons who agree to cooperate in criminal investigations into acts of anti-union violence. The Committee requests the Government to keep it promptly informed of initiatives taken in this regard.
   • (h) The Committee requests the Government to keep it informed of progress in the investigation concerning the perpetrators of the murder of Mr Barrera Barco and of any links between the victim’s trade union activities and his refusal to pay the bribe demanded by a criminal gang.
   • (i) With regard to the murder of Mr Carlos Antonio Hernández Mendoza, the Committee requests the Government to keep it informed of the results of the ongoing investigations and, in particular, of the measures taken in order to identify any relationship between the murder of the trade union leader and his union activities.
   • (j) The Committee requests the Government to provide information on possible motives for the murders of Mr Retana Carias and Mr Ortiz Jiménez, members of the Union of Workers of the Municipality of Jalapa, and on the investigations conducted in order to identify any link between the murders and the victims’ union-related activities.
   • (k) The Committee requests the complainants to confirm that the information provided by the Government with regard to the murder of Mr Marlón Dagoberto Vásquez López on 6 January 2014 corresponds to the allegation that a person known as Marlón Velásquez was murdered on the same date.
   • (l) With respect to the alleged murders of Mr Jerónimo Sol Ajcot, Mr Genar Efrén Estrada Navas and Mr Edwin Giovanni De La Cruz Aguilar, the Committee urges the Government to take as soon as possible the necessary measures so that, in collaboration with the complainant organizations, there can be clarification as to the identity of the people concerned, and to inform it about the investigations taken to identify and bring to justice the perpetrators and instigators of the alleged facts.
   • (m) The Committee urges the Government to implement General Directive No. 1-2015 by continuing taking all necessary measures with the greatest diligence to identify and bring to justice the perpetrators and instigators of the murder of Mr Eliseo Villatoro Cardona and ensuring that the death threats reported to the Public Prosecutor’s Office are examined with due promptness and that the SEMOT members who have received threats are provided with the appropriate protection measures immediately. The Committee requests the Government to keep it informed in this regard.
   • (n) The Committee once again urges the Government to institute an independent judicial inquiry into the allegations of attempted extrajudicial killings and death threats sustained by members of the Union of Commercial Workers of Coatepeque. The Committee requests the Government to keep it informed in detail about that inquiry and the resulting criminal proceedings.
   • (o) The Committee once again draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.

B. New allegations

1. 372. In a communication dated 19 July 2018, the MSICG and Global Unions of Guatemala allege: (i) the murder, on 29 April 2018, of Mr Alejandro García Felipe, General Secretary of the Santa Rosa Department local branch of the National Union of Health Workers of Guatemala (SNTSG); (ii) the murder, between 15 and 20 June 2018, of Mr Domingo Nach Hernández, General Secretary of the Municipal Workers’ Union of the Municipality of Villa Canales in the Department of Guatemala (SITRAMVCG); and (iii) the murder, on 21 June 2018, of Mr Juan Carlos Chavarría Cruz, General Secretary of the Trade Union of Workers of the Municipality of Melchor de Mencos, Petén.
2. 373. Regarding the death of Mr Alejandro García Felipe, the complainant organization indicates that: (i) he had received various death threats due to his social work and for being a trade unionist; (ii) on the morning of 29 April 2018, he left his house after receiving a telephone call; (iii) his body appeared on 1 May in the morgue of the municipality of Escuintla, bearing signs of torture and strangulation. Regarding the death of Mr Domingo Nach Hernández, the complainant organization notes that his body was found showing multiple marks of beating and signs of strangulation. Regarding the death of Mr Juan Carlos Chavarría Cruz, the complainant organization notes that: (i) the Trade Union of Workers of the Municipality of Melchor de Mencos was in the middle of a labour dispute with the municipality over the non-payment of wages and the reinstatement of dismissed workers; and (ii) in the context of this dispute, the complaint against the Mayor of Melchor de Mencos for abuse of power and dereliction of duty was declared admissible.
3. 374. The complainant organization expresses its deep concern regarding the three murders, noting that it has not received specific information on progress made in the investigations carried out by the Public Prosecutor’s Office. It adds that there is a pressing need to take all the steps necessary to ensure the personal safety of Guatemala’s trade union officials and clarify the facts of these cases, including by identifying and sanctioning those responsible for planning and perpetrating the murders.
4. 375. In a communication dated 20 August 2018, the CUSG provided further information on the alleged murder of Mr Domingo Nach Hernández, General Secretary of the SITRAMVCG, in June 2018. The complainant organization alleges specifically that: (i) on 15 June 2018, Mr Nach Hernández was abducted and his body was found on 20 June 2018 in the morgue of the National Institute of Forensic Science (INACIF); (ii) since January 2016, Mr Nach Hernández had been participating actively in the organization and association of workers of the municipality of Villa Canales, firstly, through the establishment of an ad hoc committee, and, later, starting on 23 June 2017, through the establishment and registration of the SITRAMVCG; (iii) the establishment of the SITRAMVCG gave rise to unjustified mass dismissals by the municipality, including of Mr Nach Hernández, who was reinstated in his post on 1 June 2018, in compliance with a judicial order; (iv) Mr Nach Hernández had been abducted a first time on 16 December 2016, as duly established by the Public Prosecutor’s Office. The complainant organization adds that there are inconsistencies between the death certificates in the National Registry of Persons, which states that Mr Nach Hernández died on 20 June 2018, and that issued by the INACIF, which states that Mr Nach Hernández died on 17 June 2018 as a consequence of a subdural hematoma, a cerebral laceration and a head injury.

C. The Government’s replies

Previously examined allegations of murder

1. 376. In communications dated 19 February and 18 September 2018, the Government sent information from the Public Prosecutor’s Office concerning various cases of murder of members of the trade union movement. With regard to the murder in 2013 of Mr Jorge Barrera Barco, a bus driver and union member who, together with other drivers, had refused to pay the sums of money demanded by a local gang, the Public Prosecutor’s Office notes that: (i) the person responsible for both planning and perpetrating the acts was identified; (ii) the Seventh Criminal Court of First Instance for Drug-Related Activities and Crimes against the Environment of Guatemala confirmed, on 4 August 2017, the death of said person, and, on request by the Public Prosecutor’s Office, ordered the abatement of said person’s criminal prosecution; and (iii) the case is still being investigated.
2. 377. Concerning the murder, on 8 March 2013, of Mr Carlos Antonio Hernández Mendoza, of the General Confederation of Workers of Guatemala (CGTG), the Public Prosecutor’s Office notes that the court had ordered a stay of proceedings in relation to the two accused individuals because the testimonies of two of the witnesses contained various contradictions. The Public Prosecutor’s Office notes that, on 21 June 2017, the court case against the two witnesses for false testimony was settled in favour of the accused. The Public Prosecutor’s Office will now need to review all the steps taken with a view to identifying those responsible for planning and perpetrating the criminal offences.
3. 378. With regard to the information requested by the Committee on Freedom of Association concerning the possible motives for the murders of Mr Retana Carías and Mr Ortiz Jiménez of the Union of Workers of the Municipality of Jalapa, two cases which yielded murder convictions in 2017, the Public Prosecutor’s Office indicates that: (i) it is considered that the motive for the murder of Mr Retana Carías was extortion; (ii) the court considered that the murder of Mr Ortiz Jiménez was committed by an assassin hired by the victim’s partner’s ex-husband, who was sentenced to 25 years’ imprisonment; and (iii) the possible links between the murders and the trade union activities of the victims was discarded since both individuals were ordinary union members who did not have any representative or leadership role in the union.
4. 379. With respect to the murder of Mr Jerónimo Sol Ajcot, of the National Coordinating Committee of Indigenous and Rural Workers (CONIC), according to the Public Prosecutor’s Office, the victim was fatally shot by various persons in March 2013. The Public Prosecutor’s Office transmits the report of the Municipal Prosecutor’s Office of Atitlán which is responsible for investigating the case and which indicates that: (i) interviews were conducted with the victim’s relatives, the victim’s employer, CONIC, as well as the governing board of the Tzutujil Mayan association of farmers of Santiago Atitlán (AMTASA); (ii) all those interviewed stated that they did not know the motive for the murder of Mr Sol Ajcot, but that they knew that the victim had been the target of attempted extortion in 2007, which had not been repeated since; and (iii) on 27 March 2013, a report was received from CONIC outlining Mr Sol Ajcot’s work history.
5. 380. With respect to the murder of Mr Genar Efren Estrada Navas, the Public Prosecutor’s Office notes that, on 12 March 2014, the victim was shot several times while riding his motorcycle on a road in the municipality of Jalapa. The Public Prosecutor’s Office also transmitted a report of the District Prosecutor’s Office of Jalapa, which is responsible for the investigation of the case and which indicates that: (i) a firearm projectile found at the scene of the crime had enabled the calibre of the firearm used to be determined; (ii) the testimony of three of the victim’s relatives was received, attributing responsibility for the alleged act to two persons with whom the victim was involved in a dispute over issues of property easement and a lawsuit relating to one of the daughters of the deceased, but said testimony was insufficiently substantiated to proceed to trial; (iii) on 26 July 2017, testimony was received from a fourth person who affirms that one of the two persons mentioned by the victim’s relatives carries a firearm and had been involved in a dispute with the victim; (iv) a report of 25 July 2018 from the Directorate-General for the Control of Arms and Munitions indicates that the suspects concerned do not have any firearms registered in their names; and (v) the investigation into this case is ongoing.
6. 381. Concerning the alleged murder of Mr Edwin Giovanni De la Cruz Aguilar, the Public Prosecutor’s Office notes that a search using the computerized system for the monitoring of investigations of the Public Prosecutor’s Office (SICOMP) did not retrieve data identifying such a murder. The search results merely indicated that said individual had been an eyewitness in a case of theft which had occurred in 2001.
7. 382. With regard to the murder on 9 November 2016 of Mr Eliseo Villatoro Cardona, of the Union of Organized Municipal Employees of Tiquisate (SEMOT), the Public Prosecutor’s Office notes that urgent steps had already been taken in relation to this case, and investigations were still open pending receipt of the requested reports, which have still not been submitted.
8. 383. Concerning the murder in March 2009 of Mr Luis Haroldo García Ávila, of the Union of Commercial Workers of Coatepeque, the Public Prosecutor’s Office notes that: (i) the investigation file was transferred to the Criminal Analysis Service of the Public Prosecutor’s Office so that it could be examined in conjunction with two other files relating to events which occurred in the context of a dispute between the municipality of Coatepeque and traders from the sector; (ii) a series of steps in the investigation remain pending, including that of compiling a profile of the victim’s partner and of the victim himself; and (iii) a report on the matching of ballistic evidence with the crime scene evidence should be requested, and it should be determined whether the victim held a life insurance policy with benefits for the victim’s partner or a third party.
9. 384. Concerning the murder on 23 December 2008 of Mr Armando Donaldo Sánchez Betancourt, also of the Union of Commercial Workers of Coatepeque, the Public Prosecutor’s Office notes that: (i) this case is related to two other murders; and (ii) all of the compiled information was transmitted to the Criminal Analysis Service of the Public Prosecutor’s Office with a view to identifying a crime trend in the region which would in turn help to identify those who planned and perpetrated the murder.
10. 385. With respect to the murder on 16 July 2009 of Mr Julián Capriel Marroquín, of the Union of Traders of the Public Square of Jocotán, the Public Prosecutor’s Office notes that: (i) there was no ballistic match with the evidence found at the crime scene; (ii) investigators from the Specialized Criminal Investigation Division were provided with guidelines for locating witnesses and identifying the alleged perpetrators of the crime; and (iii) the submission of a series of ballistics data remains pending.
11. 386. Concerning the murder in January 2009 of Mr Amado Corazón Monzón, of the Union of Commercial Workers of Coatepeque, the Public Prosecutor’s Office notes that: (i) this case is related to other violent deaths in the municipality of Coatepeque, which is why joint investigations were conducted and it was requested that all the cases go before a court for high-risk crimes; and (ii) identification of the perpetrators using the ballistic evidence obtained, and the conducting of telephone analyses, remain outstanding.
12. 387. In communications dated 1 and 19 March 2018, the Government transmitted information from the Public Prosecutor’s Office on strengthening the Special Investigation Unit for Crimes against Trade Unionists (hereinafter, the Special Investigation Unit). The Public Prosecutor’s Office underscores in this respect the increase in the budget allocated to the Special Investigation Unit for 2018, noting that: (i) the budget allocated to the Special Investigation Unit is 4,331,148.49 Guatemalan quetzales (GTQ) for 2018, compared to GTQ4,178,537.85 in 2017; (ii) the staffing budget of the Special Investigation Unit increased from GTQ3,535,650.54 to GTQ3,661,148.49; and (iii) the budget allocated for property, plant and equipment increased from GTQ79,700 to GTQ100,000. In addition, the Public Prosecutor’s Office recalls that in recent years, the staffing of the Special Investigation Unit was bolstered, and currently includes: a chief of unit; three prosecutors; eight category-I auxiliary prosecutors; two category-II auxiliary prosecutors; three officials from the Prosecutor’s Office and an investigator from the Criminal Investigation Unit.
13. 388. With regard to the collaboration between the International Commission against Impunity in Guatemala (CICIG) and the Public Prosecutor’s Office, the Government indicates in its communication of 1 March 2018 that the Commission was established in 2013 for an indefinite period of time, with the aim of improving the analytical and investigative capacity of the Public Prosecutor’s Office with regard to cases of violence against leaders and members of the trade union movement. In its communication of 18 September 2018, the Government refers to a letter dated 16 July 2018 in which the CICIG Commissioner, Mr Iván Velásquez Gómez: (i) recalls that the aim of the collaboration agreement concerning cases of violence against trade union leaders and members is to improve the investigation capacities of the Public Prosecutor’s Office; (ii) indicates that the CICIG fulfilled its undertaking as, in due course, it presented recommendations to strengthen investigations in 12 selected cases; and (iii) recommends that it is now for the Public Prosecutor’s Office to report on the status of the investigations concerned.
14. 389. With regard to the Trade Union Committee of the Public Prosecutor’s Office, which was established on 30 August 2013 to promote the exchange of information between the Public Prosecutor’s Office and the trade unions, the Government indicates in its communications of 1 March and 18 September 2018 that: (i) the term of office of the Trade Union Committee was extended for two more years on 9 September 2015; (ii) the meeting of the Trade Union Committee which was due to take place on 1 September 2017 could not be held owing to the absence of the trade union movement representatives; (iii) where required, the Public Prosecutor’s Office informs the trade unions of progress in the cases; (iv) pursuant to General Directive No. 1/2015, in each case of violence affecting a member of the trade union movement, the relevant labour relations context is examined.
15. 390. Lastly, the Government indicates that: (i) the implementation and institutionalization of the collaboration between the Public Prosecutor’s Office and the national civil police concerning investigations into the deaths of members of the trade union movement has continued; and (ii) with regard to the Committee’s request that effective protection measures should be devised and implemented for persons who agree to cooperate with criminal investigations into acts of anti-union violence, there is a specific mechanism for the protection of witnesses but none of the witnesses cooperating with the Special Investigation Unit is under the protection of the “Office for the Protection of Witnesses”.

New allegations of murder

1. 391. In its communication of 18 September 2018, the Government provides information related to the alleged murders of Mr Alejandro García Felipe, Mr Domingo Nach Hernández and Mr Juan Carlos Chavarría Cruz. With regard to the murder of Mr Alejandro García Felipe of the National Union of Health Workers of Guatemala, the Government states that: (i) the body of the victim was found on a ranch in Puerto de San José Escuintlá on 30 April 2018 and taken to the National Institute of Forensic Science (INACIF) on 1 May 2018; (ii) the case is being investigated by the Special Investigation Unit; and (iii) a total of 11 investigation procedures are pending, including scientific analyses, requests to the local authorities for information and interviews with persons in the work, union and personal circles of the victim to determine the circumstances of the murder and the motive for it. With regard to the murder of Mr Domingo Nach Hernández of the SITRAMVCG, the Government states that: (i) the victim was taken by the fire service to a hospital in Guatemala City at 12.35 a.m., on 16 June 2018 and died the following day as a result of a traumatic brain injury; (ii) the case is being investigated by the Special Investigation Unit; (iii) a total of six investigation procedures are pending, focusing on identification of the vehicle which ran over the victim. With regard to the murder of Mr Juan Carlos Cruz Chavarría, general secretary of the Union of Workers of the Municipality of Melchor de Mencos, Petén, the Government states that: (i) on 21 June 2018, the victim was shot dead by several individuals in the municipality of Melchor de Mencos, Petén; (ii) the case is being investigated by the Special Investigation Unit; (iii) according to statements by the victim’s spouse, the victim was delivering a silver bracelet to another person at the time of the murder; and (iv) a total of eight investigation procedures are pending, including scientific analyses, requests to the local authorities for information and interviews with persons in the work, union and personal circles of the victim to determine the circumstances of the murder and the motive for it.

D. The Committee’s conclusions

1. 392. The Committee recalls that, in the present case, the complainant organizations report numerous murders and acts of violence against trade union leaders and members, as well as impunity in that regard. It is the ninth time that the Committee examines this case.
2. 393. The Committee notes that, since its last examination of this case in June 2017, the Governing Body of the ILO has examined on three occasions the complaint concerning non-observance by Guatemala of Convention No. 87, made by several Workers’ delegates to the 101st Session (2012) of the International Labour Conference under article 26 of the ILO Constitution. The Committee recalls that the complaint concerns, among other things, allegations of murders of trade union leaders and members and of prevailing impunity in that regard. The Committee notes in particular that: (i) in October 2013, as follow-up to the complaint made under article 26 of the ILO Constitution, the Government, in consultation with the social partners, adopted a roadmap whereby it undertakes to ensure the timely trial and conviction of the perpetrators and instigators of the crimes against trade union officials and members and to strengthen the prevention and protection mechanisms in respect of threats and attacks against trade union officials and members; and (ii) on 2 November 2017, the tripartite constituents of Guatemala signed a national tripartite agreement in order to achieve full implementation of the roadmap, and thereby resolve the matters raised in the complaint submitted under article 26 of the ILO Constitution; (iii) pursuant to said agreement, the National Tripartite Committee on Labour Relations and Freedom of Association was established in February 2018; and (iv) at its 333rd Session (June 2018), the Governing Body decided to defer its decision on the aforementioned complaint until its October–November 2018 session.
3. 394. The Committee takes note of the Government’s observations sent in communications dated 19 February, 1 March, 19 March and 18 September 2018. The Committee also notes that, as follow-up to the complaint made under article 26 of the ILO Constitution, both the Government and the complainants in this case have regularly submitted extensive information to the Governing Body of the ILO, noting that part of said information is relevant to the examination of the allegations in the present case.
4. 395. The Committee again deeply regrets the numerous acts of violence reported in the complaint and expresses its deep concern about the report of new cases of murdered trade union leaders and members. The Committee once again draws the Government’s attention to the fact that union rights can only be exercised in a climate free from violence, intimidation and threats of any kind against trade union members, and that it is for governments to ensure that this principle is respected [see Compilation of decisions and principles of the Freedom of Association Committee, sixth edition, 2018, para. 84].

General information

1. 396. The Committee takes note of the overall information provided by the Government in May 2018 in the context of the follow-up to the complaint made under article 26 of the ILO Constitution about the progress of the investigations and criminal proceedings in respect of 86 murders of members of the trade union movement (of which 74 had previously been reported to this Committee and 12 had been reported at the national level), noting that: (i) 16 convictions were handed down in relation to 14 cases (two cases involve two rulings each); (ii) four acquittals were issued; (iii) one judicial sentence of security and corrective measures was handed down; (iv) arrest warrants remain in effect in six cases; (v) the criminal prosecution has been abated in five cases; (vi) three cases are at an intermediary stage of the proceedings; (vii) one case is under discussion; and (viii) 52 cases remain in the investigation phase.
2. 397. The Committee also notes that, in its various communications in the context of the present case and the complaint made under article 26 of the ILO Constitution, the Government refers to a range of institutional initiatives designed to facilitate the investigations into the murders of trade union leaders and members, including: (i) a 3.66 per cent increase in the budget of the Special Investigation Unit for 2018 with respect to the previous year; (ii) the convening of 17 meetings between the Special Investigation Unit and the DEIC of the national civil police, between August 2017 and May 2018, with a view to analysing the trade union aspects of the various crimes committed; (iii) the establishment, on 1 August 2017, of a new Criminal Court of First Instance for Drug Trafficking and Environmental Crimes with jurisdiction to hear high-risk proceedings, bearing in mind that cases of attacks on the lives of trade unionists may be heard by courts competent to hear high-risk cases following an examination and decision of the Criminal Chamber, and that most of the recent judgments in relation to the murder of trade unionists were issued by said courts; (iv) continued collaboration with the CICIG in relation to 12 murder cases selected by the trade union movement; (v) the ongoing willingness of the Public Prosecutor’s Office to continue to exchange information with the trade union movement, whether through extending the mandate of the Trade Union Committee (the mandate of which was to end on 1 September 2017) or through other means; and (vi) the establishment of a subcommittee on implementation of a roadmap, in the context of the National Tripartite Committee on Labour Relations and Freedom of Association recently established in accordance with the Tripartite Agreement of November 2017.
3. 398. The Committee takes due note of these various initiatives, and in particular of the opportunity these provide to effectively combat impunity in relation to anti-union violence, including through: (i) strengthening the collaboration between the Special Investigation Unit and the DEIC of the civil police; (ii) the possibility of making more frequent use of courts for high-risk cases when it comes to hearing cases of murders of trade union movement members; and (iii) the establishment of a subcommittee on implementation of the roadmap to ensure more robust tripartite monitoring of actions taken to counter anti-union violence. Nevertheless, the Committee regrets that, since it last examined the case in June 2017, the results obtained show little change and no progress made on most of the issues that caused it deep concern at the time, particularly in relation to the fact that: (i) the number of murders that have led to convictions remains very low (16 out of 86, as well as one compulsory committal to a psychiatric hospital) despite the time that has elapsed since the events; (ii) the even smaller number of convictions (two) against those who instigated the crimes; and (iii) the very high number of cases being investigated, which, based on the description provided by the Public Prosecutor’s Office, show no immediate prospects of identifying those who instigated or perpetrated the crimes. The Committee recalls in this connection that the absence of judgments against the guilty parties creates a situation of de facto impunity which exacerbates the climate of violence and insecurity, which, in turn, is extremely detrimental to the exercise of trade union rights [see Compilation, op. cit., para. 52].

Previously examined allegations of murder

1. 399. In its two prior examinations of the case, the Committee had noted with particular concern the lack of progress made in investigating the murders for which evidence of possible anti-union motives had been found (whether because numerous members of the same union had been killed, the CICIG or the Public Prosecutor’s Office itself had already specifically identified a possible anti-union motive, or the victims were members of trade unions which, to the Committee’s knowledge, were being targeted by anti-union attacks at the time of the events). In that connection, the Committee had referred to 20 victims who were members of the Union of Izabal Banana Workers (SITRABI); the Union of Workers of the Municipality of Coatepeque; the Union of Commercial Workers of Coatepeque; the Union of Minibus Drivers of the Magnolia Camposanto District; the National Union of Health Workers of Guatemala; the Union of Municipal Workers of Malacatán, San Marcos; the Union of Technical and Administrative Support Workers of the Criminal Public Defence Institute; or the Union of Migration Clerks [see 382nd Report, para. 339 and 378th Report, para. 310]. With respect to said murders, the Committee takes note, firstly, of the imposition in March 2017 of a sentence of six years’ imprisonment for unlawful association of one of the persons involved in the murder of Bruno Ernesto Figueroa, an official of a subsidiary of the National Health Workers’ Union, and, secondly, that the Public Prosecutor’s Office is conducting joint investigations into the murder of three members of the Union of Commercial Workers of Coatepeque, with a view to identifying the crime trend in the area at that time. Nevertheless, the Committee regrets the fact that: (i) to date, of the 20 murders mentioned above, and despite the number of years that have passed since they were committed, only two convictions have been handed down; (ii) the Government provides no specific information concerning progress made in the investigations or initiatives undertaken with respect to the other cases; (iii) with the exception of the Coatepeque case mentioned above, the Committee still has no evidence of links being made between the investigations into the murders of several members of the same trade union; and (iv) despite its previous requests, the Committee still has no indication that the ongoing investigations are being reframed to take fully into account the victims’ union activities.
2. 400. In light of the foregoing, and recalling General Directive No. 1/2015 of the Public Prosecutor’s Office, the Committee again urges the Government to continue to take and to intensify, as a matter of urgency, all necessary measures to ensure that, in the planning and conducting of investigations, the possible anti-union motive for the murders of members of the trade union movement and the links that may exist between the murders of the members of the same trade union are fully and systematically taken into account, and to ensure that the investigations focus on both those who instigated and perpetrated the acts. Trusting in the contributions of the new subcommittee on implementation of the roadmap in this respect, the Committee requests the Government to keep it informed, without delay, of the measures taken and the results obtained in this respect, particularly in the cases mentioned in the previous paragraph.
3. 401. Concerning the murder in 2013 of Mr Jorge Barrera Barco, bus driver and member of the CUSG who, together with other drivers, had refused to pay the sums of money demanded by a local gang, the Committee notes that the Government provides information to the effect that the courts ordered, on 4 August 2017, the abatement of the criminal prosecution of the alleged instigator and perpetrator of the crime, because this person had died, and that the case is still being investigated. The Committee requests the government to keep it informed of the findings of this investigation.
4. 402. Concerning the murder in 2013 of Mr Carlos Antonio Hernández Mendoza, member of the CGTG, the Committee takes note of the information provided by the Public Prosecutor’s Office to the effect that the criminal proceedings against the two witnesses in the case, for false testimony, were concluded, and that steps would at present be taken to identify those who had instigated and perpetrated the crimes. The Committee requests the Government to keep it informed of the findings of this investigation.
5. 403. With regard to the murders of Mr Retana Carías and Mr Ortiz Jiménez of the Union of Workers of the Municipality of Jalapa, two cases which yielded murder convictions but regarding which the Government did not indicate the possible motives for the murders, the Committee notes the Government’s indication that: (i) it is considered that the motive for the murder of Mr Retana Carías was extortion; (ii) the court considered that the murder of Mr Ortiz Jiménez was committed by an assassin hired by the victim’s partner’s ex-husband, who was sentenced to 25 years’ imprisonment.
6. 404. Concerning the murders of Mr Jerónimo Sol Ajcot, of the CONIC, Mr Genar Efrén Estrada Navas, of the CUSG, and Mr Edwin Giovanni De La Cruz Aguilar, also of the CUSG, the Committee notes that, according to the Government: (i) Mr Sol Ajcot, of the CONIC, was killed by several people in March 2013; (ii) the interviews with the victim’s relatives and the contacts with the CONIC did not help to identify the perpetrators or motive of the crime; (iii) Mr Estrada Navas was fatally shot in March 2014 while he was riding his motorcycle; (iv) the testimonies of various family members link the crime committed against Mr Estrada Navas with a dispute related to the victim’s daughter, and the investigation into this case remains before the District Prosecutor’s Office of Jalapa; and (v) the searches conducted in relation to Mr Edwin Giovanni De la Cruz Aguilar did not make it possible to determine that he had been murdered; the only information these yielded was the fact that he had been a witness in 2001 in a case of theft. While taking these elements into account, the Committee notes that the investigations into Mr Estrada Navas’ case and which are not carried out by the Special Investigation Unit, do not seem to take into consideration possible links between the victim’s murder and his union-related activity. The Committee therefore urges the Government to ensure that this aspect is fully taken into consideration in continuing the investigations. With regard to Mr De la Cruz Aguilar, the Committee requests the CUSG to provide the Public Prosecutor’s Office with additional information in relation to his alleged murder.
7. 405. Concerning the murder on 9 November 2016 of Mr Eliseo Villatoro Cardona, leader of SEMOT, which, according to the allegations of the complainant organization, took place in the context of a major dispute between the Mayor of Tiquisate and the trade union, the Committee notes with concern that, according to the Public Prosecutor’s Office, nearly two years after the crime, the investigation remains open pending receipt of the requested reports. The Committee urges the Government to take all the steps necessary to ensure that the requested reports are submitted without delay and that the investigation can be conducted without further delay. The Committee requests the Government to keep it informed in this regard.
8. 406. As briefly referred to in paragraph 29 above, the Committee also takes note of the information provided by the Public Prosecutor’s Office in relation to the murders which took place in 2008 and 2009 of three members of the Union of Commercial Workers of Coatepeque (Mr Luis Haroldo García Ávila, Mr Armando Donaldo Sánchez Betancourt and Mr Amado Corazón Monzón). While noting with concern that, more than nine years after said murders, some basic aspects of the investigations, including ballistic reports and telephone analyses, remain outstanding, the Committee takes due note of the fact that: (i) the Public Prosecutor’s Office is carrying out joint investigations with the Criminal Analysis Service of said entity in order to identify the crime trend in the area at that time and identify those who had instigated and perpetrated the crimes; and (ii) it was requested that all the cases be heard by a court for high-risk cases. Underscoring the importance for said joint investigations to take into consideration the possible links between the murders and the trade union activities of victims, the Committee requests the Government to keep it informed of the developments and findings of said investigations.
9. 407. The Committee also takes note of the information provided on the investigations carried out into the murder, on 16 July 2009, of Mr Julian Capriel Marroquín, of the Union of Traders of the Public Square of Jocotán. The Committee notes with concern that more than nine years after the events, a host of ballistic data has still not been obtained. The Committee requests the government to keep it informed of the collection of this information.
10. 408. Lastly, the Committee notes the Government’s indication that there is a specific mechanism for the protection of witnesses but that none of the witnesses cooperating with the Special Investigation Unit is under the protection of the “Office for the Protection of Witnesses”. The Committee requests the Government to provide information on the reasons why this mechanism is not being used with regard to the criminal investigations being examined in the present case.

New allegations of murder

1. 409. The Committee notes with deep concern that the Indigenous and Rural Workers’ Trade Union Movement of Guatemala, the Global Unions of Guatemala, and, in addition, with respect to the third case, the CUSG, allege: (i) the murder, on 29 April 2018, of Mr Alejandro García Felipe, General Secretary of the Santa Rosa Department local branch of the SNTSG; (ii) the murder, between 15 and 20 June 2018, of Mr Domingo Nach Hernández, General Secretary of the SITRAMVCG; and (iii) the murder, on 21 June 2018, of Mr Juan Carlos Chavarría Cruz, General Secretary of the Trade Union of Workers of the Municipality of Melchor de Mencos, Petén. The Committee deeply deplores these new murders and notes with deep concern that the complainant organizations claim that, in all three cases, there is specific evidence and background information that would point to the anti-union motive for the murders. The Committee notes the initial information provided by the Government concerning these new murders and observes in particular that: (i) the three murders have given rise to the initiation of investigations by the Special Investigation Unit; (ii) for each case, the Special Investigation Unit has established a series of investigation procedures, which are still pending; and (iii) in two of the three cases, the planned investigation procedures take account of the trade union activity of the deceased person, while in the third case, procedures are focusing on identification of the vehicle which would have ran over the victim. Recalling the aforementioned principles relating to efforts to combat impunity and the need for prompt investigations and prosecutions in cases of acts of anti-union violence, the Committee urges the Government, in application of General Directive No. 1/2015, to take all the steps necessary with great diligence in order to identify and bring to justice the perpetrators and instigators of these murders as soon as possible, duly ensuring that the investigations into the three abovementioned murders take into account the possible links between the murders and the union activities of the victims. Also noting that three of the four most recently reported murders in the context of this case (the murder of Mr Nach Hernández and of Mr Chavarría Cruz, examined for the first time in the present report, as well as the murder of Mr Villatoro Cardona, leader of the SEMOT, first examined by the Committee in its report of June 2017) involved leaders and members of municipal trade unions, the Committee urges the Government to take specific steps to ensure full respect for freedom of association in municipalities and to prevent further acts of violence against members of municipal trade unions. The Committee requests the Government to keep it informed in this respect.
2. 410. The Committee, deeply concerned by the resurgence of allegations of anti-union-related murders in recent months, and taking note, firstly, of the complainant organizations’ request to urgently deploy every possible mechanism to ensure the personal protection of trade union leaders of Guatemala, and, secondly, of the fact that the information provided by the Government to the Governing Body as part of the follow-up to the complaint submitted under article 26 of the ILO Constitution refers essentially to measures undertaken to ensure perimeter protection, but not personal protection, urges the Government to promptly re-examine the mechanisms for ensuring the protection of members of the trade union movement who might be at risk, through the use of existing spaces for dialogue between the Ministry of the Interior and trade union organizations, and of the new subcommittee on implementation of the roadmap. The Committee requests the Government to keep it informed in this respect.

Other allegations of violence

1. 411. In its previous examination of the case, the Committee had urged the Government to take the necessary measures to ensure that the death threats reported to the Public Prosecutor’s Office in relation to various members of the SEMOT be examined with due promptness and that SEMOT members who have received threats are provided with the appropriate protection measures. In the light of the absence of specific information from the Government in this respect, the Committee firmly reiterates its previous requests.
2. 412. The Committee, while noting the information from the Government in relation to the joint investigations conducted into the murder of several members of the Union of Commercial Workers of Coatepeque, deplores that, more than nine years after these serious alleged acts, the Government has still not provided information on the conducting of an investigation into the attempted extrajudicial killings and death threats sustained by other members of that union. Recalling 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 that it is for governments to ensure that this principle is respected [see Compilation, op. cit., para. 84], the Committee urges the Government to take the measures necessary to ensure that the investigations currently being conducted in order to identify the crime trend which affected the members of the Union of Commercial Workers of Coatepeque also take into account the aforementioned allegations of attempted killings and death threats. The Committee requests the Government to keep it informed in this respect.
3. 413. In general, while duly noting the continuing efforts of the Government and the difficulty involved in shedding light on the oldest cases of murder being examined in the present case, the Committee nevertheless expresses its deep concern with respect to the allegation of three new murders of members of the trade union movement in recent months and with respect to the high level of impunity that prevails in relation to the allegations of numerous murders and acts of anti-union violence in the context of this complaint. The Committee also notes the announcement that the mandate of the CICIG will expire in September 2019. The Committee is of the view that – in the light of the scale and magnitude of the aforementioned challenges, together with the willingness expressed by the tripartite constituents through the signing of the Tripartite Agreement of November 2017, and the consequent establishment of the National Tripartite Committee on Labour Relations and Freedom of Association – ambitious measures to strengthen and carry out the national policy for combating anti-union violence and impunity are necessary and timely. In this connection, the Committee particularly urges the Government, after consultation with the most representative social partners, to: (i) significantly increase the human and financial resources of the Special Investigation Unit; (ii) strengthen and perpetuate collaboration between the Special Investigation Unit and the DEIC of the civil police; (iii) ensure the full implementation of General Directive No. 1/2015 of the Public Prosecutor’s Office so that the possible anti-union motive for the murder of members of the trade union movement is fully and systematically taken into account in planning and conducting investigations; (iv) make full use of its collaboration with the CICIG with respect to the investigations into the murders of members of the trade union movement; (v) give fresh impetus to the collaboration between the Public Prosecutor’s Office and the trade union movement; (vi) take the necessary measures to ensure that as many cases as possible of murders of members of the trade union movement are brought before courts for high-risk cases; and (vii) ensure the prompt adoption of all personal security measures necessary to ensure the protection of members of the trade union movement who may be at risk. Recalling that the Government may continue to seek technical assistance from the Office in this connection, the Committee requests the Government to keep it informed in this respect.

The Committee’s recommendations

1. 414. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expresses once again its deep concern over the seriousness of this case, given the many instances of murder, attempted murder, assaults and death threats and the climate of impunity.
   • (b) The Committee again urges the Government to continue to take and intensify, as a matter of urgency, all the necessary measures to ensure that, in the planning and conducting of investigations, the possible anti-union motive for the murders of members of the trade union movement and the links that may exist between the murders of the members of the same trade union are fully and systematically taken into account, and to ensure that the investigations focus on both those who instigated and perpetrated the acts. Trusting in the contributions of the new subcommittee on implementation of the roadmap in this respect, the Committee requests the Government to keep it informed, without delay, of the measures taken and the results obtained in this respect, particularly in the cases mentioned in paragraph 399 above.
   • (c) The Committee requests the Government to keep it informed of the findings of the investigation into the murder of Mr Jorge Barrera Barco.
   • (d) The Committee requests the Government to keep it informed of the findings of the investigation into the murder of Mr Carlos Antonio Hernández Mendoza.
   • (e) The Committee requests the Government to keep it informed of the findings of the investigation into the murder of Mr Estrada Navas, duly taking into account the possible links between his trade union activity and the murder.
   • (f) Concerning Mr De la Cruz Aguilar, the Committee requests the complainant organization to provide additional information relating to his alleged murder to the Public Prosecutor’s Office.
   • (g) Underscoring the importance of ensuring that the joint investigations being conducted into the murder of three members of the Union of Commercial Workers of Coatepeque take into consideration the possible links between the murders and the union activities of the victims, the Committee requests the Government to keep it informed of the progress and findings of said investigations.
   • (h) The Committee requests the Government to keep it informed of the collection of the ballistics findings in relation to the murder of Mr Julian Capriel Marroquin.
   • (i) The Committee requests the Government to provide information on the reasons why the witness protection mechanism is not being used with regard to the criminal investigations being examined in the present case.
   • (j) The Committee urges the Government to ensure, in the implementation of General Directive No. 1/2015, that all necessary measures are taken with the greatest diligence to identify and bring to justice without delay those who perpetrated and instigated the murders of Mr Alejandro García Felipe, Mr Domingo Nach Hernández and Mr Juan Carlos Chavarría Cruz, and to ensure that the investigations take due account of possible links between the murders and the union activities of the three victims. The Committee requests the Government to keep it informed in this respect.
   • (k) Noting that three of the four most recently reported murders in the context of this case involved leaders and members of municipal trade unions, the Committee urges the Government to take specific steps to ensure full respect for freedom of association in municipalities and to prevent further acts of violence against members of municipal trade unions. The Committee requests the Government to keep it informed in this respect.
   • (l) The Committee urges the Government to promptly re-examine the mechanisms for ensuring the protection of members of the trade union movement who might be at risk, through the use of existing spaces for dialogue between the Ministry of the Interior and trade union organizations, and of the new subcommittee on implementation of the roadmap. The Committee requests the Government to keep it informed in this respect.
   • (m) The Committee once again urges the Government to take the necessary measures to ensure that the death threats reported to the Public Prosecutor’s Office in relation to various members of the SEMOT be examined with due promptness and that SEMOT members who have received threats are provided with the appropriate protection measures. The Committee requests the Government to keep it informed in this respect.
   • (n) The Committee urges the Government to take the necessary measures to ensure that the ongoing investigations to identify the criminal trend which affected the members of the Union of Commercial Workers of Coatepeque also take into account the aforementioned allegations of attempted killings and death threats. The Committee requests the Government to keep it informed in this respect.
   • (o) In general, the Committee particularly urges the Government, after consultation with the most representative social partners, to: (i) significantly increase the human and financial resources of the Special Investigation Unit; (ii) strengthen and perpetuate collaboration between the Special Investigation Unit and the Specialized Criminal Investigation Division (DEIC) of the Civil Police; (iii) ensure the full implementation of General Directive No. 1/2015 of the Public Prosecutor’s Office so that the possible anti-union motive for the murder of members of the trade union movement is fully and systematically taken into account in planning and conducting investigations; (iv) take full advantage of its collaboration with the CICIG with respect to the investigations into the murders of members of the trade union movement; (v) give fresh impetus to the collaboration between the Public Prosecutor’s Office and the trade union movement; (vi) take the necessary measures to ensure that as many cases as possible of murders of members of the trade union movement are brought before courts for high-risk cases; and (vii) ensure the prompt adoption of all personal security measures necessary to ensure the protection of members of the trade union movement who may be at risk. Recalling that the Government may continue to seek technical assistance from the Office in this connection, the Committee requests the Government to keep it informed in this respect.
   • (p) The Committee again draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.