Informe provisional - Informe núm. 15, 1955

Caso núm. 109 (Guatemala) - Fecha de presentación de la queja:: 13-AGO-54 - Cerrado

A. A. The complainants' allegations

1. 214. Three complaints have been presented : the first consists of a copy of a protest addressed to the President of the Military Junta of the Government of Guatemala by the Burma Trade Union Congress, this copy having been transmitted to the I.L.O on 13 August 1954 ; the second is a complaint dated 17 September 1954 from the Pancyprian Federation of Labour transmitted to the I.L.O by the United Nations ; the third, dated 18 October 1954, from the General Netherlands Seafarers' Union, was also transmitted to the I.L.O by the United Nations.
2. 215. These complaints, having a similar purpose, may be analysed together. They contain the following principal allegations:
   • (a) Forty-five trade union leaders of the United Fruit Co. who were directing a strike of the workers in the banana plantations were illegally arrested and shot, together with other workers ; among them was Felix Moreno, General Secretary of the United Fruit Co. Workers' Union.
   • (b) Thousands of democratic workers have been arbitrarily arrested and cast into prison by the Military Junta.
   • (c) The General Confederation of Labour and the Confederation of Peasants of Guatemala have been illegally prohibited.
3. 216. In accordance with the procedure in force, the complainants were informed that any further information which they might wish to present in substantiation of their complaints should be addressed to the Director-General within one month ; none of them has forwarded any such further information.
   • ANALYSIS OF THE REPLY
4. 217. By a letter dated 2 February 1955 the Government of Guatemala communicates the following observations to the Director-General.
5. 218. The complainants give an absolutely false interpretation of the facts, because, while it is true that in July 1954, before the victory of the movement for national liberation, battles took place in the course of which both parties inevitably suffered losses, the casualties were combatants and not trade union leaders. Since the victory of the movement for national liberation no one has been shot. If in the future any person should be executed, this could occur only in the circumstances prescribed by law, pursuant to sentence pronounced by the competent court under penal legislation in accordance with the procedure in force, which lays down many conditions which must be fulfilled before a sentence can be carried out.
6. 219. According to a statement sent to our Ministry by the Department of Labour Administration, which maintains the public register of trade unions, Mr. Felix Moreno is not and never has been a leader of the United Fruit Co. Workers' Union ; at present, Mr. Felix Moreno is actually alive and is living at Llano Chapulco, a municipal district of Los Amades, in the Province of Izabal, as is proved by an attestation sent to our Ministry by the Governor of the Province in question.
7. 220. The allegations contained in the complaint presented by the General Netherlands Seafarers' Union with reference to the detention in the prisons of Guatemala of more than 15,000 persons and to the persecution of trade union leaders are absolutely contrary to the truth. The labour laws are still in force and prohibit any discrimination against persons exercising trade union rights.
8. 221. Accordingly, the complaints in question are without any foundation and have been presented for the sole purpose of infringing the honour of the Government of Guatemala.

B. B. The Committee's conclusions

1. 222. The Government of Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention (No. 87), 1948, and the Right to Organise and Collective Bargaining Convention (No. 98), 1949.
   • Allegations relating to the Arrest and Execution of 45 Trade Union Leaders and to the Detention of Thousands of Democratic Workers
2. 223. In several earlier cases, in which it has had before it allegations relating to the prosecution and sentencing of trade union leaders, the Committee has taken the view that the only question to be decided was the real reason for the measures complained of being taken, and that only if these measures were taken by reason of legitimate trade union activities could there be any infringement of freedom of association. In several of these cases the Committee has taken the view that it must examine the allegations presented having regard to the exceptional circumstances which may subsist as a result of a situation of internal crisis or of hostilities.
3. 224. In the present case, while the complainant alleges that the arrests, executions and measures of internment in question constitute infringements of freedom of association, the Government affirms that the persons who died in July 1954 were killed in the course of a civil war which inevitably occasioned loss of human life on both sides. It declares that, since the victory of the movement for national liberation, no person has been shot and that the carrying out of a death sentence is now possible only in accordance with conditions prescribed by penal legislation and pursuant to a judgment of the competent court and in accordance with a procedure attended by numerous conditions.
4. 225. The Government also observes that the complainant gives no detailed support to the allegations, beyond mentioning the name of Mr. Felix Moreno, General Secretary of the United Fruit Co. Workers' Union, as having been among the victims. But the Government states, firstly, that Mr. Felix Moreno has never been a leader of this trade union and, secondly, that he is still alive and at present living in a locality the name of which is given.
5. 226. In these circumstances, the Committee considers that, having regard to the troubled situation prevailing in Guatemala at the period when the events complained about took place, it is impossible to determine to what extent the arrests, executions and measures of internment which took place at this period were connected with trade union activities or the course of the civil war and, in view of the highly political character of the events in question, recommends the Governing Body to decide that it appears undesirable to pursue this aspect of the case further.
   • Allegation relating to the Prohibition of the General Confederation of Labour and of the Confederation of Peasants of Guatemala
6. 227. The complaint presented by the Burma Trade Union Congress alleges that the General Confederation of Labour and the Confederation of Peasants of Guatemala have been illegally prohibited.
7. 228. In its reply, the Government has refrained from making any observations on this point.
8. 229. The allegation made referring by its very nature to the exercise of freedom of association, the Committee has requested the Director-General to ask the Government of Guatemala to furnish its observations on this matter.

The Committee's recommendations

1. (1) to decide that the first series of allegations do not, for the reasons indicated in paragraphs 224-226, call for further examination ;
2. (2) to take note of the present interim report of the Committee with respect to the allegation concerning the prohibition of the General Confederation of Labour and of the Confederation of Peasants of Guatemala, it being understood that the Committee will report further to the Governing Body on this question when it has received further observations from the Government of Guatemala.