Interim Report - Report No 396, October 2021

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. 307. The Committee has already examined the substance of this case on a number of occasions, which was presented for the first time in 2007. The Committee last examined the case at its October 2019 meeting and on that occasion it submitted an interim report to the Governing Body [see 391st Report, approved by the Governing Body at its 337th Session (October–November 2019), paras 270–302]. 
2. 308. The Autonomous Trade Union Popular Movement of Guatemala and the Global Unions of Guatemala sent new allegations in a communication dated 14 October 2021.
3. 309. The Government sent its observations in communications dated 9 December 2019, 3 January, 27 January, 24 October, 26 October and 11 December 2020, and 1 February, 28 July, 30 September, 22 and 25 October 2021.
4. 310. 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. 311. At its October 2019 meeting, the Committee made the following recommendations [see 391st Report, para. 302]:
   • (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; the Committee urges the Government to take all necessary measures to prevent the commission of any further acts of anti-union violence.
   • (b) The Committee again urges the Government, with the active participation and monitoring by the subcommittee on implementation of the road map, to continue to take and intensify, as a matter of urgency, all the necessary measures to ensure efficiency in the investigations of all acts of violence against trade union leaders and members, with a view to identifying those responsible and punishing the perpetrators and instigators of such acts, taking the trade union activities of the victims fully into consideration in the investigation. In that connection, the Committee specifically urges the Government to: (i) maintain and strengthen the role of the subcommittee on implementation of the road map; (ii) facilitate, with the support of the subcommittee, the reactivation of the trade union committees of the Public Prosecutor’s Office and the Ministry of the Interior; (iii) significantly increase the human and financial resources of its Special Investigation Unit; (iv) maintain and continue to strengthen collaboration between the Special Investigation Unit and the DEIC of the Civil Police; (v) take the necessary measures to ensure the competent authorities dedicate the attention and resources required for investigations of murders indicated in paragraph 295 of this report, and (vi) continue to strengthen dialogue with the judiciary to ensure, through the courts for high-risk cases or other appropriate mechanisms, that cases of anti-union violence are promptly examined by criminal courts. The Committee requests the Government to keep it informed in this respect.
   • (c) The Committee urges the Government to, with the active participation and monitoring of the subcommittee of the implementation of the road map, to take the necessary steps to: (i) resume and strengthen the trade union committees and the Special Investigation Unit for the analysis of attacks against human rights advocates of the Ministry of the Interior; (ii) improve coordination between the Public Prosecutor’s Office and the Ministry of the Interior in the granting and handling of security measures for member of the trade union movement; and (iii) provide the necessary funds to ensure that all security measures required, including personal measures, are granted as soon as possible to members of the trade union movement who may be at risk. The Committee requests that the Government keep it informed in this respect.
   • (d) The Committee requests the Government to maintain full vigilance and take all the necessary measures, including through the provision of personal protection measures, to prevent and stop homicides and all acts of violence against municipal trade unions.
   • (e) The Committee once again draws the special attention of the Governing Body to the extremely serious and urgent nature of this case.

B. New allegations

1. 312. In a communication dated 14 October 2021, the Autonomous Trade Union Popular Movement of Guatemala and the Global Unions of Guatemala denounce: i) the murder in 2020 of 5 members of trade union organisations (Messrs Gerson Hedelman Ortiz Amaya, from the Union of Workers of the Institute of Municipal Development-SINTRAINFOM-, José Miguel Alay, from the Union of the University of San Carlos-STUSC, Héctor David Xoy Ajualip, of the Union of Workers of the enterprise Fritolay-GFLG Pepsico- SITRAFRITOLAY-GFLG-Pepsico, Julio César Zamora Álvarez, of the Union of Workers of the Port Enterprise Quetzal and Ludim Eduardo Ventura Castillo of the Union of Education Workers of Guatemala-STEG) and 5 members of peasant organisations; ii) the murder of Ms. Cinthia del Carmen Pineda Estrada, leader of the STEG in 2021; iii) the commission of other serious acts of anti-union violence throughout 2020 and 2021, including 3 armed attacks and several death threats, especially against leaders and members of municipal unions; iv) the absence of results in the criminal prosecutions due to a lack of will; and v) budgetary retaliatory measures against the Human Rights Prosecutor's Office by the Executive Branch and the Congress of the Republic after the Prosecutor had requested investigations and the implementation of preventive and protective measures in favour of trade unionists and human rights defenders.

C. The Government’s reply

1. 313. Through its various communications sent since the Committee’s last examination of the present case in October–November 2019, the Government has provided information on the institutional initiatives taken to investigate the acts of anti-union violence reported in the present case and to protect members of the trade union movement who may be at risk.
2. 314. In its communication of 9 December 2019, the Government forwards meeting record No. 03-2019 of the meeting held on 22 October 2019 of the Subcommittee on Implementation of the Road Map of the National Tripartite Commission on Labour Relations and Freedom of Association (hereinafter referred to as the subcommittee on implementation of the road map), which was attended by representatives of the Public Prosecutor’s Office and the Ministry of the Interior. The document shows that: (i) the Ministry of the Interior described to the subcommittee on implementation of the road map the mechanisms leading to the granting of security measures for members of the trade union movement who may be at risk, emphasizing the importance that any act that places the security of individuals in jeopardy should also give rise to a complaint to the Public Prosecutor’s Office; (ii) there was sharing of information and a discussion between the members of the subcommittee and representatives of the Public Prosecutor’s Office on the progress of investigations into a number of homicides of trade union leaders and members; (iii) special attention was paid to the investigations into the deaths of several members of the Union of Commercial Workers of Coatepeque; (iv) there was a discussion on whether trade union activity had been taken into account in the investigations as a possible motive for the homicides; and (v) the subcommittee requested the Public Prosecutor’s Office to provide information on the number of convictions handed down for instigating the homicides of trade union leaders and members.
3. 315. In its communication of 3 January 2020, the Government forwards a report of the Ministry of the Interior dated 10 December 2019. The Ministry of the Interior first refers to its collaboration with the Public Prosecutor’s Office regarding investigations into acts of violence committed against members of the trade union movement, indicating in this regard that: (i) it has a specialized team of investigators who form part of the unit dealing with attacks against human rights advocates of the Special Criminal Investigation Division (DEIC) of the National Civil Police; (ii) at the request of the Public Prosecutor’s Office, this team carries out field investigations into cases of assaults against trade union members; and (iii) the Ministry of the Interior has recorded 19 such cases, five of which resulted in the arrest of nine persons. The Ministry of the Interior adds that it also has a unit dealing with threats and assaults against human rights advocates, whose investigations are aimed at preventing further offences and thus protecting the lives of those concerned. In this regard, it notes that: (i) 223 cases of threats and assaults against members of the trade union movement have been recorded, 29 of which are still at the investigation stage; and (ii) in 106 cases the perpetrators have been identified.
4. 316. The Ministry of the Interior goes on to refer to the Standing Trade Union Technical Committee on Comprehensive Protection and the Special Investigation Unit for the analysis of attacks against human rights advocates, both of which were the subject of recommendations made by the Committee on Freedom of Association in its last report on the present case. The Ministry of the Interior indicates that, pursuant to Ministerial Decision No. 241-2013 of 29 May 2013 establishing the committee, the Standing Trade Union Technical Committee on Comprehensive Protection was created for a duration of four years, extendable before the period expires. Given that it was not extended before 29 May 2017, a new ministerial decision would have to be adopted to reactivate the committee. The Ministry of the Interior indicates that the Special Investigation Unit for the analysis of attacks against human rights advocates is no longer in operation because of a lack of a working methodology and participation by civil society organizations. The Ministry of the Interior states that since July 2019 it has adopted a methodology for analysing patterns of assaults and attacks against human rights advocates. This matter is the subject of meetings in which both advisers to the First Deputy Minister of the Interior and advisers specializing in human rights from the Ministry of the Interior take part.
5. 317. The Government provides information below from the Public Prosecutor’s Office about the establishment in November 2019 of the Special Investigation Unit for Crimes against Judicial Officials and Trade Unionists. This unit has a central office, a unit for crimes against judicial officials and a unit for crimes against trade unionists. The latter has 26 staff members (one head of unit, three prosecution officers, two level II assistant prosecution officers, 16 assistant prosecution officers, three officials and one investigator from the Criminal Investigation Directorate), with six additional assistant prosecutors having been appointed compared to 2017.
6. 318. In its communication of 27 January 2020, the Government refers to the meetings held in October and December 2019 by the subcommittee on implementation of the road map and, subsequently, by the plenary of the National Tripartite Commission on Labour Relations and Freedom of Association (hereinafter the National Tripartite Commission). The Government indicates that, at its meeting on 3 December 2019, after examining and exchanging views with the Public Prosecutor’s Office on the status of progress in the investigations into a number of homicides of members of the trade union movement, the subcommittee on implementation of the road map recommended that: (i) under the supervision of the subcommittee, a thorough investigation should be carried out into all the cases of homicides of members of the trade union movement that remain unresolved with a view to punishing the perpetrators and instigators of the crimes; (ii) the Trade Union Technical Committee of the Public Prosecutor’s Office and the Standing Trade Union Technical Committee on Comprehensive Protection (Ministry of the Interior) should be reactivated; (iii) the court proceedings for the homicides of members of the trade union movement should be expedited and the National Tripartite Commission should send an official letter to the Supreme Court on this matter; (iv) in view of the high number of homicides of members of the trade union movement still under investigation and the low number of perpetrators identified, the Public Prosecutor’s Office should assign a criminal analysis unit to the Special Prosecutor’s Unit for Crimes against Trade Unionists; and (v) the Public Prosecutor’s Office and the Ministry of the Interior should strengthen their cooperation in the event members of the trade union movement request protection measures and in related investigations.
7. 319. The Government indicates that the plenary of the National Tripartite Commission took due note of the recommendations of its subcommittee on implementation of the road map and, on the basis thereof: (i) requested meetings with the Chief Public Prosecutor and with the new authorities of the Ministry of the Interior to raise the issue of the reactivation of the respective trade union technical committees directly; and (ii) requested a hearing with the Office of the President of the Supreme Court to discuss expediting the court proceedings already under way. The Government reports in this regard that: (i) the Chief Public Prosecutor granted the National Tripartite Commission a hearing for 7 February 2020 and summoned the Trade Union Technical Committee of the Public Prosecutor’s Office for a meeting on the same day; (ii) a meeting with the Ministry of the Interior was scheduled for 8 January 2020; and (iii) the plenary of the Supreme Court granted a hearing to the National Tripartite Commission for 29 January 2020.
8. 320. In a communication dated 24 October 2020, the Government provides information from the Public Prosecutor's Office concerning the investigations into the homicides of eight leaders and members of the Izabal Banana Workers' Union (SITRABI) committed between September 2007 and February 2012. The Public Prosecutor's Office first states that none of the victims had "any labour relationship with the entity Frutera del Motagua Sociedad Anónima, nor that any of the deaths were motivated by non-compliance with the collective bargaining agreement between SITRABI and this entity". The Public Prosecutor's Office then provides information on each of the eight cases, which are in the investigation phase, one of the cases having led to an arrest warrant for the perpetrator. With regard to the possible links between the trade union activity of the victims and the homicides, the Public Prosecutor's Office specifically states that: (i) in 3 cases, it does not appear that any Social Economic Conflict was raised in the local Labour Court, nor was there any Collective Agreement negotiation or conflict related to union dues; (ii) in a fourth case, the trade union indicated that it was not aware that the victim had received threats and that no Social Economic Conflict was raised in the Labour Court nor was there any Collective Agreement negotiation; (iii) in a fifth case, no indication of a possible trade union motive has been identified; iv) in a sixth case, although a collective agreement was being negotiated in the company at the time of the events, the union indicated that the victim was not a member of either the union board or the negotiating committee; v) in a seventh case, the victim's membership of the union was under analysis because he had just been appointed to a new position (clerk) which was considered a position of trust; however, it was not possible to link the homicide to acts of threat or intimidation against union members; vi) in an eighth case, the victim had been retired for two years and eight months. In four of these cases, the Public Prosecutor's Office refers to the identification of other motives (passion in two cases, common crime in another, other unspecified motives in a fourth case). Finally, the Public Prosecutor's Office adds that the union has requested that the information gathered once the arrest warrant in force for one of the cases has been executed be used for the other investigations.
9. 321. In the same communication, the Government submits information from the Ministry of the Interior on the budget allocated to the Head of the Division of Protection of Persons and Security of the General Operations Sub-Directorate of the National Civil Police. The Ministry of Interior indicates that the initial budget allocated in Fiscal Year 2020 for this Division is 8,867,500.00 quetzales (US$ 1,138,923.64).
10. 322. In its communication of 26 October 2020, the Government reports on the joint statement of 22 October 2020 made by the Ministry of Labour and Social Security, the Ministry of the Interior and the Public Prosecutor’s Office on anti-union violence, in which these institutions commit themselves to: (i) ensuring smooth inter-institutional coordination to guarantee the fundamental rights of trade union leaders and members; (ii) seeking to increase and strengthen institutional capacities to achieve this objective; and (iii) promoting opportunities for dialogue with representatives of labour rights activists and the National Tripartite Commission. In the above-mentioned joint statement, the Public Prosecutor’s Office adds that: (i) in November 2019 it created the Special Investigation Unit for Crimes against Judicial Officials and Trade Unionists; (ii) this unit has a central office, a unit for crimes against judicial officials and a unit for crimes against trade unionists and had at its disposal for the 2020 financial year a budget of 4,918,412 Guatemalan quetzals (approximately US$618,500); (iii) the Prosecutor’s Agency for Crimes against Trade Unionists has one head of unit, three prosecution officials, two prosecution officers, 16 assistant prosecution officers, or a team of 22 people compared to the 19 people that the Specialized Prosecutor’s Office had in 2017; (iii) in order to prevent delays in the handling of cases, the Public Prosecutor’s Office has established a comprehensive case management system; and (iv) has convened the Trade Union Technical Committee for 28 October 2020 and has scheduled five meetings of the committee for 2021.
11. 323. In the same statement, the Ministry of the Interior states that it is prepared to take all necessary steps to ensure the effective functioning of the Standing Trade Union Technical Committee on Comprehensive Protection and the Unit for the analysis of attacks against human rights advocates.
12. 324. In the same communication, the Government provides information on the content of the meeting held on 7 February 2020 between the Chief Public Prosecutor, Ms María Consuelo Porras Argueta, and the National Tripartite Commission. The Government indicates in this regard that: (i) the National Tripartite Commission forwarded the Committee’s latest report concerning the present case to the Chief Public Prosecutor; (ii) the National Tripartite Commission transferred the cases of homicides of members of the trade union movement highlighted by the Committee in paragraph 295 of its last report to the Chief Public Prosecutor, as well as the 12 cases identified by the labour sector, which had the support of the International Commission against Impunity in Guatemala, with a view to promptly identifying their perpetrators and instigators; (iii) a worker member of the Commission emphasized the need to make headway in identifying the instigators of the homicides of members of the trade union movement and highlighted the serious threats to which leaders and members of municipal trade unions were subjected. The Government notes that the Chief Public Prosecutor: (i) emphasized the importance of spreading the knowledge of General Directive No. 01-2015 for the effective criminal investigation and prosecution of crimes against trade unionists, members of workers’ organizations and other labour and trade union activists (hereinafter Directive No. 01-2015) in order to identify the perpetrators and instigators of the homicides; (ii) proposed the establishment of a preventive security committee for trade union leaders and members that would be composed of a representative of the Public Prosecutor’s Office, a representative of the Ministry of the Interior and a representative of the Ministry of Labour.
13. 325. The Government goes on to refer to: (i) the fact that the Trade Union Technical Committee ceased operating in February 2020 because worker representatives were no longer participating pending their response to the proposal made in February of a new working methodology; (ii) the holding of a new meeting of the National Tripartite Commission with the Supreme Court on 9 September 2020 at which the expediting of several court proceedings for the homicides of members of the trade union movement was discussed; (iii) the approval on 6 August 2020 by the National Tripartite Commission of the technical cooperation project “Strengthening of the National Tripartite Commission on Labour Relations and Freedom of Association in Guatemala for the effective application of international labour standards”, prepared by the Office, which includes, among its main points for action, the fight against anti-union violence.
14. 326. In its communication of 11 December 2020, the Government again forwards information provided by the Public Prosecutor’s Office, which indicates that: (i) after several months of inactivity, due in particular to the COVID-19 pandemic, the Tripartite Trade Union Committee of the Public Prosecutor’s Office met again on 28 October 2020 and five meetings were scheduled for 2021; (ii) a meeting is being coordinated with the Ministry of the Interior and the DEIC of the National Civil Police to comply with the Ministry of the Interior’s protocol on human rights and, specifically, to appoint a person to coordinate the immediate implementation of the security protocol for members of the trade union sector at the national level; and (iii) training is planned for members of the Public Prosecutor’s Office on Directive No. 01 2015.
15. 327. In its communications of 28 July and 30 September 2021, the Government forwards additional information provided by the Public Prosecutor’s Office indicating that: (i) the Prosecutor’s Office for Crimes against Judicial Officials and Trade Unionists has a current operating budget of 406,994 quetzals (GTQ) (equivalent to US$52,560.93) for 2021. This information complements that contained in the communication of 26 October 2020, which reported a budget of GTQ4,918,412 (equivalent to US$632,158.19); (ii) this unit of the Public Prosecutor’s Office was assigned 23 persons to deal specifically with the issue of trade union members; (iii) the Trade Union Technical Committee held a meeting on 11 February 2021; (iv) the Public Prosecutor’s Office issued invitations for meetings on 22 April, 24 June and 26 August, but these meetings did not take place because representatives of the trade union sector failed to attend and sent apologies; (v) the Public Prosecutor’s Office has scheduled the next meeting of the Trade Union Technical Committee for 28 October 2021; and (vi) With regard to coordinating actions between the Public Prosecutor’s Office and the Ministry of the Interior, the Criminal Investigation General Subdirectorate appointed Mr Armando Ajcapajá Cutz, a police assistant inspector, as the direct contact for the follow-up of cases involving crimes against the life and physical integrity of trade union leaders and members, with a view to undertaking the necessary coordination.
16. 328. In its communication of 28 July 2021, the Government also forwards information provided by the Ministry of the Interior, in which the Ministry states that: (i) the provision of training in collective labour rights for telephone operators of the 1543 helpline number for union members proposed by the Ministry of Labour would be appropriate; and (ii) the increase in the DEIC budget to deal specifically with cases of trade union leaders and members in coordination with the Special Investigation Unit for Crimes against Judicial Officials and Trade Unionists of the Public Prosecutor’s Office can only be considered in the preliminary draft budget for the 2022 financial year.
17. 329. The Ministry of the Interior reports below on the number of security measures requested from 2019 to 31 May 2021 for trade union leaders and members. The Ministry of the Interior indicates that: (i) of 136 measures requested for trade union leaders and members, 131 measures were granted; (ii) of these 131 measures, 122 were perimeter measures, four were personal security measures and five measures consisted of providing a telephone number because a low level of risk had been identified. The Ministry of the Interior adds that it is continuing to implement the protocol for the implementation of immediate and preventive security measures for trade unionists. In its communication of 30 September 2021, the Government provides data focusing on measures to guarantee the security of members of the trade union movement taken between 1 January 2020 and 31 August 2021, indicating that: (i) 93 risk assessments were carried out during this period; and (ii) based on these assessments, 89 perimeter security measures and one personal security measure were granted. The Government adds that, in the same period, the 1543 emergency helpline number received three calls from trade union members reporting threats, which were referred to the Ministry of the Interior.
18. 330. In several of the above-mentioned communications, the Government provides updated information on investigations and court proceedings concerning specific cases of homicides of trade union leaders and members, as well as comprehensive data on the results achieved by the Public Prosecutor’s Office and the courts in this regard. In its latest communications of 28 July and 30 September 2021, the Government reports that, according to data from the Public Prosecutor’s Office, 96 cases of deaths of trade union leaders and members were recorded under the road map, six of which occurred in 2020. With regard to these 96 cases: (i) 28 judgments have been issued, including 22 convictions (concerning 19 homicides, with three cases each resulting in two convictions), five acquittals and one security and corrective measure; (ii) of the 22 convictions, 16 were handed down to perpetrators, five to instigators, three to both perpetrators and instigators, and in four cases the Public Prosecutor’s Office did not provide the relevant information; (iii) in addition, three cases are currently at the public oral hearing stage and arrest warrants have been issued in seven cases; (iv) six cases in which the persons charged died have been dismissed; and (v) the remaining cases are still at the investigation stage.
19. 331. The Government states that the above data shows that, despite the impact of the COVID 19 pandemic: (i) two convictions have been handed down so far in 2021 (relating to the death of Mr Adolfo Ich Chamán and the murder of Mr Bruno Ernesto Figueroa) and one conviction in 2020 (relating to the murder of Mr Miguel Ángel Ramírez Enríquez); and (ii) in addition, progress was recorded in 2020 in the investigation of 13 homicides.
20. 332. By communications of 22 and 25 October 2021, the Government provides its observations on the allegations submitted by the complainant organisations on 14 October 2021. In relation to the allegation of several homicides committed in 2020 and 2021, the Government states that: (i) not all the victims of the reported homicides were members of the trade union movement; (ii) the homicides of union members Messrs Gerson Hedelman Ortiz Amaya, José Miguel Alay, Héctor David Xoy Ajualip, Julio César Zamora Álvarez, and union leader Ms Cinthia del Carmen Pineda Estrada, are under investigation by the Special Investigation Unit for Crimes against Judicial Officials and Trade Unionists of the Public Prosecutor’s Office; and (iii) it has requested information from the Public Prosecutor's Office on the other murders denounced in the abovementioned communication from the trade union organizations and in their communication addressed to the Governing Body in October 2020. Regarding the allegations of attacks and other acts of anti-union violence committed in 2020 and 2021, the Government provides information on three attacks and one case of threat and states that two unions affected by the alleged acts have perimeter security measures in place. The Government adds that: i) information on the investigations related to the different cases denounced has been requested from the Public Prosecutor’s Office; and (ii) however, the lack of data on the file numbers and other details makes it more difficult to locate the relevant information so that it would prove necessary to establish a contact with the complainants.
21. 333. With regard to the allegations of the trade union organizations concerning the ineffectiveness and lack of will of the public authorities, the Government again submits information sent in previous communications and reaffirms the firm commitment of the Public Prosecutor's Office and the Ministry of the Interior to the fight against anti-union violence. It categorically denies any attempt on the part of the Executive Branch and the Congress of the Republic to hinder, through budgetary measures, the work of the Human Rights Prosecutor’s Office. The Government adds that since its constitution in April 2018, the Subcommittee on implementation of the Roadmap has held 23 meetings (eight in 2018; five in 2019; six in 2020; and four as of 22 October 2021). In relation to the Trade Union Technical Committee of the Public Prosecutor's Office, the Government states that: (i) on 28 October 2020, 6 meetings of the Trade Union Technical Committee of the Public Prosecutor’s Office have been scheduled until 28 October 2021; (ii) of the 5 meetings of that Committee that should have taken place to date, only 2 were held (11 February and 12 May); and (iii) in the other opportunities, the union representatives informed a few days before the meetings that they had other commitments scheduled.

D. The Committee’s conclusions

1. 334. The Committee recalls that, in the present case, the complainants report numerous murders and acts of violence against trade union leaders and members, as well as impunity in that regard.
2. 335. While appreciating the detailed observations sent by the Government since the last examination of the case in communications dated 9 December 2019, 3 January, 27 January, 24 October, 26 October and 11 December 2020, and 1 February, 28 July, 30 September, 22 and 25 October 2021, the Committee continues to deeply deplore the numerous homicides of members of the trade union movement recorded since 2004 for which a judicial decision is still pending. The Committee notes with deep concern the Government’s indication that the Public Prosecutor’s Office has taken on six further cases of deaths of trade union members that occurred 2020. The Committee also notes in this regard that through a communication dated 14 October 2021, the complainant organisations allege that six members of the trade union movement have been murdered in 2020 and 2021 and denounce other serious acts of anti-union violence., The Committee once again draws the Government’s attention to the fact that trade 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 of the Committee on Freedom of Association, sixth edition, 2018, para. 84]. The Committee takes due note of the Government's immediate response to the latest communication from the trade union organizations, which includes information on five homicides- which are currently under investigation-, three attacks and one case of threats against members of the trade union movement, as well as information on the implementation of security measures to two unions The Committee also takes note of the Government's indication that the lack of data on certain cases makes it more difficult to locate the relevant information so that it would prove necessary to establish a contact with the complainants. The Committee therefore requests the Government to contact and meet with the complainant organizations to facilitate the identification of all cases of anti-union violence reported by them in their last communication. The Committee requests the Government, on the basis of the above, to supplement the information provided, indicating the measures taken to investigate the facts denounced and to ensure the protection of members of the trade union movement who may be at risk.

Allegations of murders of members of the trade union movement and other acts of anti-union violence

1. 336. The Committee notes that the information provided by the Government in its various communications shows that, of the total of 96 homicides referred to by the Government: (i) 28 judgments have been issued to date, including 22 convictions (concerning 19 homicides, with three cases each resulting in two convictions), five acquittals, and one security and corrective measure; (ii) arrest warrants have been issued in seven cases; (iii) two cases are currently at the public oral hearing stage; (iv) six cases in which the persons charged died have been dismissed; and (v) the remaining cases are still at the investigation stage.
2. 337. The Committee takes particular note that, since its last examination of the case in October 2019, three new convictions with prison sentences have been handed down, one in 2020 for the homicide of Mr Miguel Ángel Ramírez Enríquez (Union of Banana Workers of the South) and two in 2021 for the homicides of Mr Adolfo lch Chamán and Mr Bruno Ernesto Figueroa (National Union of Health Workers of Guatemala). The Committee also notes that the Public Prosecutor’s Office this time indicates the extent to which the sentences handed down refer to the perpetrators and/or instigators. In this regard, the Committee notes that in the 28 judgments issued, 16 were with respect to perpetrators, five to instigators, three to both perpetrators and instigators, and in four cases the Public Prosecutor’s Office did not provide the relevant information. The Committee further notes that, according to information provided by the Public Prosecutor’s Office, progress was made in the investigation of 13 homicides in 2020.
3. 338. The Committee also notes that, for the first time, the Ministry of the Interior provides data on its contribution to the investigation of acts of anti-union violence, specifically indicating that: (i) it carried out field investigations into 19 assaults against trade union members, five of which resulted in the arrest of nine persons; and (ii) the Ministry of the Interior’s Special Investigation Unit for the analysis of attacks against human rights advocates, whose investigations are aimed at preventing further crimes and thus protecting the lives of those affected, has recorded 223 cases of threats and assaults against members of the trade union movement, 29 of which are still at the investigation stage, the perpetrators having been identified in 106 cases. The Committee takes due note of these data and requests the Government to provide information on the punishments handed down to the perpetrators of the threats and assaults.
4. 339. The Committee further notes the information provided by the Government on the institutional initiatives taken to strengthen the criminal justice response to acts of violence against members of the trade union movement. In this respect, the Committee takes particular note of:
   • The establishment in November 2019 of a new unit in the Prosecutor’s Office for the Investigation of Crimes against Judicial Officials and Trade Unionists. The Committee takes due note in this respect of the Public Prosecutor’s Office’s indication that the entity concerned includes a Special Prosecutor’s Unit for Crimes against Trade Unionists and that the number of persons assigned to this Special Prosecutor’s Unit (23) has increased compared to 2017 (19).
   • The active role played by the National Tripartite Commission and its subcommittee on implementation of the road map in monitoring the criminal justice response to acts of anti-union violence. The Committee takes particular note in this respect of the high-level meetings held by the National Tripartite Commission with the Chief Public Prosecutor and the plenary of the Supreme Court to exchange views on the effectiveness of the steps taken to identify and punish the perpetrators of crimes against members of the trade union movement. The Committee also takes due note of the fact that the subcommittee on implementation of the road map specifically requested the relevant authorities to: (i) conduct thorough investigations into all the cases of homicides of members of the trade union movement, placing emphasis on a number of cases of particular relevance; (ii) reactivate the Trade Union Technical Committee of the Public Prosecutor’s Office and the Standing Trade Union Technical Committee on Comprehensive Protection; (iii) ensure the judiciary expedites the court proceedings for the homicides of members of the trade union movement); (iv) assign a criminal analysis unit to the Special Prosecutor’s Unit for Crimes against Trade Unionists; and (v) strengthen cooperation between the Public Prosecutor’s Office and the Ministry of the Interior in the event members of the trade union movement request protection measures.
   • The joint statement of 22 October 2020 made by the Ministry of Labour and Social Security, the Ministry of the Interior and the Public Prosecutor’s Office on anti-union violence, in which these institutions commit themselves to: (i) ensuring smooth inter-institutional coordination to guarantee the fundamental rights of trade union leaders and members; (ii) seeking to increase and strengthen institutional capacities to achieve this objective; and (iii) promoting opportunities for dialogue with representatives of labour rights activists and the National Tripartite Commission.
   • The partial resumption of the activities of the Trade Union Technical Committee of the Public Prosecutor’s Office that met on 7 February 2020, 28 October 2020, 11 February and 12 May 2021, with the Government stating several reasons for not holding other scheduled meetings (lack of response from trade union representatives regarding the proposal for a new working methodology in 2020, COVID-19 pandemic and non-attendance of trade union representatives to three meetings in 2021).
5. 340. The Committee welcomes the level of detail of the information provided by the Government. The Committee takes due note of the institutional initiatives mentioned in the paragraph above and welcomes in particular the consolidation and development of the role played by the National Tripartite Commission and its subcommittee on implementation of the road map in the regular and detailed monitoring of the steps taken to clear up and punish the numerous acts of anti-union violence which are the subject of the present case. The Committee stresses in particular the importance of: (i) the high-level substantial discussions held by the National Tripartite Commission with the Chief Public Prosecutor and the plenary of the Supreme Court, and expresses the hope that the high-level authorities of the Ministry of the Interior will also take part in these discussions; (ii) the specific requests addressed to the Public Prosecutor’s Office, the Ministry of the Interior and the judiciary to improve the effectiveness of investigations, promote inter-institutional collaboration and expedite court proceedings; and (iii) the identification of 36 cases of homicide which, according to the National Tripartite Commission, require special attention (these cases include 20 homicides identified by the Committee in its previous reports [see in this regard the Committee’s 391st Report, para. 295] and 12 cases in which the International Commission against Impunity in Guatemala was involved in the investigation). The Committee also welcomes the strong commitment expressed by the Public Prosecutor’s Office, the Ministry of the Interior and the Ministry of Labour and Social Security in their joint statement of 22 October 2020 on anti-union violence and trusts that this will continue to be translated into specific initiatives. The Committee also notes that, despite the additional challenges created by the COVID-19 pandemic, the investigative work of the Public Prosecutor’s Office has not been halted and the courts have been able to hand down three additional convictions since January 2020.
6. 341. At the same time, the Committee has to note that: (i) the vast majority of the homicides of trade union leaders and members examined in the present case have still not resulted in a conviction (out of a total of 96 homicides, there are currently 23 convictions – including the one handing down security and corrective measures – referring to 20 homicides, as three homicides resulted in several convictions), the number of homicides for which the instigators have been identified being even lower (8); (ii) of the 36 homicides identified as of significant importance by the National Tripartite Commission, only six have resulted in convictions, despite the length of time that has elapsed since the crimes were committed; (iii) with the exception of the Union of Commercial Workers of Coatepeque and including in relation to the homicides of SITRABI members for which the Public Prosecutor's Office has provided information on the status of eight casesthe Committee still has no evidence that any connections have been made between the investigations into the various homicides of members of the same trade union organization; and (iv) although the competent authorities refer to the existence of collaboration between the DEIC of the National Civil Police and the Public Prosecutor’s Office in carrying out the investigations, this appears to be limited to a small number of cases.
7. 342. The Committee therefore takes due note, on the one hand, of the steps taken by the Government, the significant development of social dialogue on the issue of anti-union violence and the further results reported despite the additional difficulties caused by the COVID-19 pandemic, while, on the other hand, maintaining its deep concern about the high level of impunity that prevails in relation to the allegations of numerous homicides and acts of anti-union violence reported under this complaint. In light of the foregoing, the Committee once again urges the Government, with the active participation and monitoring by the National Tripartite Commission and its subcommittee on implementation of the road map, to continue to take and intensify all the necessary measures to ensure the effective investigation of all acts of violence against trade union leaders and members, with a view to identifying those responsible and punishing the perpetrators and instigators of the acts, taking the trade union activities of the victims fully into consideration in the investigations, in accordance with Directive No. 01-2015. In this connection, the Committee specifically urges the Government to: (i) take all necessary measures to ensure the continued role of the National Tripartite Commission and its subcommittee on implementation of the road map; (ii) facilitate, with the support of the National Tripartite Commission, the complete reactivation of the trade union committees of the Public Prosecutor’s Office with the full participation of its trade union representatives; (iii) significantly increase, with the allocation of the necessary human and financial resources, the criminal investigation capacities of the Special Prosecutor’s Unit for Crimes against Trade Unionists; (iv) substantially strengthen collaboration between the Special Criminal Investigation Division (DEIC) of the National Civil Police and the above-mentioned special prosecutor’s unit; (v) take the necessary measures to ensure that the competent authorities devote the attention and resources required for the investigations into the 36 homicides reported by the National Tripartite Commission; and (vi) continue the ongoing dialogue established with the judiciary to ensure, through all appropriate mechanisms, that cases of anti-union violence are promptly examined by the criminal courts. The Committee requests the Government to keep it informed in this respect.

Protection of members of the trade union movement who may be at risk

1. 343. In its previous examinations of the present case, the Committee had noted, in a context of frequent acts of anti-union violence, the low number of personal security measures granted to members of the trade union movement compared to the high number of requests recorded. The Committee had also called for the reactivation of the trade union committees of the Ministry of the Interior and its Unit for the analysis of attacks against human rights advocates; for increased collaboration between the Ministry of the Interior and the Public Prosecutor’s Office to ensure adequate protection for members of the trade union movement who may be at risk; and for special attention to be paid to the threats to which the leaders of several municipal trade unions were subjected.
2. 344. The Committee takes note of the updated information from the Government on the processing of security measures requested by members of the trade union movement from 2019 to 31 May 2021, indicating that: (i) the Ministry of the Interior received 136 requests and granted 131 security measures; and (ii) of these 131 measures, 122 were perimeter measures, four were personal security measures and five measures entailed providing a telephone number as a low level of risk had been identified. The Committee further notes that, between 1 June and 31 August 2021, 19 risk assessments were carried out on members of the trade union movement and 15 perimeter security measures were granted. The Committee also takes note of the information provided by the Government on the overall budget allocated to the Protection of Persons and Security Division of the Sub-Directorate General of Operations of the National Civil Police (approximately US$ 1,139,000 for the fiscal year 2020).
3. 345. The Committee also notes that it appears from the other information provided by the Government that: (i) the mechanisms for granting security measures to members of the trade union movement and coordination in this regard between the Ministry of the Interior and the Public Prosecutor’s Office have been the subject of substantial discussions before the subcommittee on implementation of the road map; (ii) despite the request of the subcommittee, the Standing Trade Union Technical Committee on Comprehensive Protection of the Ministry of the Interior has not been reactivated, which would require the adoption of new regulations by the Ministry; (iv) the worker members of the National Tripartite Commission continue to warn of the ongoing risk to leaders of several municipal trade unions; and (v) the Chief Public Prosecutor has proposed to the National Tripartite Commission that a preventive security committee be established for trade union leaders and members, which would be composed of a representative of the Public Prosecutor’s Office, a representative of the Ministry of the Interior and a representative of the Ministry of Labour.
4. 346. The Committee takes due note of the detailed information provided by the Government. In the above-mentioned context of frequent acts of anti-union violence, and while noting the new proposal made by the Chief Public Prosecutor for improving the effectiveness of mechanisms to prevent acts of anti-union violence, the Committee expresses its concern at the continued absence of a forum for dialogue between the Ministry of the Interior and trade union organizations to coordinate the protection measures needed by trade union members who may be at risk. With regard to the non-functioning of the Unit for the analysis of attacks against human rights advocates, the Committee notes that the United Nations High Commissioner for Human Rights indicated in her report of February 2021 on the situation of human rights in Guatemala that "the loss of this key space for coordination and information exchange heightens the vulnerability of human rights activists to attacks" (report A/HRC/46/74). The Committee also notes, as highlighted in its latest examinations of the case, that a very limited number of personal protection measures (4) granted to members of the trade union movement who may be at risk are still in place compared to the high number of perimeter security measures (122), despite indications from trade union organizations that the latter are allegedly ineffective [see the report of the tripartite mission that took place in Guatemala from 26 to 29 September 2018 (GB. 334/INS/9 (Rev.), para. 18)].
5. 347. Recalling once again that trade 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, para. 84], and reiterating its deep concern at the new cases of deaths of members of the trade union movement registered with the Public Prosecutor’s Office and occurring in 2020 and 2021, the Committee once again urges the Government, with the active participation and monitoring of the National Tripartite Commission and its subcommittee on implementation of the road map, to take the necessary steps to: (i) resume and strengthen the trade union committees and the Ministry of Interior’s Unit for the analysis of attacks against human rights advocates; (ii) achieve full and effective coordination between the Ministry of the Interior and the Public Prosecutor’s Office in the granting and handling of security measures for members of the trade union movement; and (iii) provide the necessary funds to ensure that all security measures required, especially personal measures, are granted as soon as possible to members of the trade union movement who may be at risk. The Committee requests that the Government keep it informed in this respect, paying particular attention to the situation of members of municipal trade unions who may be at risk.

The Committee’s recommendations

1. 348. In 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. The Committee urges the Government to take all necessary measures to prevent the commission of any further acts of anti-union violence.
   • (b) The Committee again urges the Government, with the active participation and monitoring by the National Tripartite Commission and its subcommittee on implementation of the road map, to continue to take and intensify all the necessary measures to ensure the effective investigation of all acts of violence against trade union leaders and members, with a view to identifying those responsible and punishing the perpetrators and instigators of such acts, taking the trade union activities of the victims fully into consideration in the investigations, in accordance with Directive No. 01-2015. In this connection, the Committee specifically urges the Government to: (i) take all necessary measures to ensure the continued role of the National Tripartite Commission and its subcommittee on implementation of the road map; (ii) facilitate, with the support of the National Tripartite Commission, the full reactivation of the trade union committees of the Public Prosecutor’s Office with the full participation of its trade union representatives; (iii) significantly increase, with the allocation of the necessary human and financial resources, the criminal investigation capacities of the Special Prosecutor’s Unit for Crimes against Trade Unionists; (iv) substantially strengthen collaboration between the Special Criminal Investigation Division (DEIC) of the National Civil Police and the above-mentioned special prosecutor’s unit; (v) take the necessary measures to ensure the competent authorities devote the attention and resources required for the investigations into the 36 homicides reported by the National Tripartite Commission; and (vi) continue the ongoing dialogue established with the judiciary to ensure, through all appropriate mechanisms, that cases of anti-union violence are promptly examined by the criminal courts. The Committee requests the Government to keep it informed in this respect.
   • (c) The Committee requests the Government to provide information on the punishments handed down to the perpetrators of threats and assaults against members of the trade union movement identified by the Ministry of the Interior’s unit dealing with threats and attacks against human rights advocates.
   • (d) Expressing its deep concern at the new cases of deaths of members of the trade union movement registered with the Public Prosecutor’s Office and occurring in 2020 and 2021, the Committee once again urges the Government, with the active participation and monitoring of the National Tripartite Commission and its subcommittee on implementation of the road map, to take the necessary steps to: (i) resume and strengthen the trade union committees and the Ministry of Interior’s Special Investigation Unit for the analysis of attacks against human rights advocates; (ii) achieve full and effective coordination between the Ministry of the Interior and the Public Prosecutor’s Office in the granting and handling of security measures for members of the trade union movement; and (iii) provide the necessary funds to ensure that all security measures required, especially personal measures, are granted as soon as possible to members of the trade union movement who may be at risk. The Committee requests that the Government keep it informed in this respect, paying particular attention to the situation of members of municipal trade unions who may be at risk.
   • (e) The Committee requests the Government to contact and meet with the complainant organizations to facilitate the identification of all cases of anti-union violence they reported in their last communication. The Committee requests the Government, on the basis of the above, to supplement the information provided, indicating the measures taken to investigate the facts denounced and to ensure the protection of members of the trade union movement who may be at risk.
   • (f) The Committee once again draws the special attention of the Governing Body to the extremely serious and urgent nature of this case.