Informe provisional - Informe núm. 308, Noviembre 1997

Caso núm. 1876 (Guatemala) - Fecha de presentación de la queja:: 03-ABR-96 - Cerrado

Allegations: Death, disappearance, threats and acts of anti-union discrimination

1. 363. The Committee examined the cases and presented interim conclusions on various occasions, the last of which was at its meeting in June 1997 (see 307th Report, paras. 273 to 293, approved by the Governing Body at its 269th Session (June 1997)). The Committee examined Case No. 1876 and presented interim conclusions on two occasions, the last of which was at its meeting in June 1997 (see 307th Report, paras. 302 to 316, approved by the Governing Body at its 269th Session (June 1997)).
2. 364. Subsequently, within the context of Case No. 1876, the ICFTU sent additional information in a communication dated 18 July 1997.
3. 365. The Government sent new observations in communications dated 10 June 1997 and 10 and 12 September 1997.
4. 366. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the cases

1. 367. With regard to Cases Nos. 1512 and 1539, at its meeting in June 1997, the Committee formulated the following recommendations on the pending allegations:
2. - While noting the Government's observations concerning the inquiries into certain acts of violence against trade unionists, the Committee regrets that the Government has not provided information on most of the pending allegations (see the annexed list of pending allegations) and requests it to do so urgently, making sure that judicial inquiries have been initiated, and to keep it informed in this connection.
3. Reproduced below is the text of the annex:
4. Assassinations of trade unionists
5. - Tyron Francisco Segastume, Trade Union of Workers of the Coca-Cola Bottling Enterprise (STECSA), in February 1990;
6. - Rujunel Junam (CERJ), on 14 April 1991;
7. - at its meeting in November 1992 - referring to the murder of a worker on 5 August 1989 during a labour dispute at the La Patria farm (the complainant organizations are asked to indicate the name of this worker).
8. Disappearances, abductions, assaults and arrests of trade unionists
9. - the grenade attack on the home of Edgar Sánchez Velásquez (rural worker), and his subsequent arrest on 21 April 1990;
10. - the attempted abduction of Filiberto Ramírez (member of the Trade Union of Workers of the TIPIC S.A. enterprise), on 28 May 1990;
11. - the physical assault of and death threats against Ramon Jacomé Pinto (General Secretary of the STIGGS), on 6 February 1991;
12. - the abduction and physical assault of Aura Violeta Flores Acevedo, member of the Trade Union of Workers of the Ministry of Culture and Sports (SITRACUDE), on 21 March 1991;
13. - the armed attack against Fernando Lucero and Luis Ramírez (SITRACUDE activists), on 20 March 1991;
14. - the abduction and subsequent arrest of José Vidal Pamal Tuchán (General Secretary of the Trade Union of Workers of the Psychiatric Hospital), on 30 May 1991;
15. - the attempted abduction and death threats which forced Dora Arriaza, leader of the Trade Union Federation of Public Employees (FENASTEG), into exile, on 14 May 1991;
16. - the attempted abduction of Yolanda Figueroa (official of the Trade Union of Customs Officers), and her two daughters, on 21 June 1991;
17. - the abduction, death threats and physical assault of Wosveli Castro, General Secretary of the Federation of Trade Unions in the Metal Trades (FETRAMEGUA), on 16 May 1991;
18. - the death threats and physical assault of Rosendo de León Dubón (official of the National Press Trade Union (STN));
19. - the abduction and subsequent disappearance of Felipe López Mendoza (member of CERJ), in June 1991;
20. - the physical attack against a member of FESINTROP, on 14 February 1991 (the complainant organizations are asked to provide the name of the victim);
21. - in the ESDEE Guatemala maquila enterprise, members of the trade union received death threats and were abducted, with the participation of mobile units of the military police (the complainant organizations are asked to provide the names of the victims);
22. - the attempted abduction of Mr. Pablo Mazariegos (SITRAEMSA trade unionist), on 3 December 1993;
23. - Mr. Eligio Quej Morán, member of the ad hoc committee of workers of the national police was abducted on 31 May 1994, and tortured. On 25 March 1993 the National Federation of Public Servants (FENASEP) began the process of organizing workers in the national police; the members of the ad hoc committee which was set up have since that time been harassed and received death threats from the "Jaguar of Justice" death squadron;
24. - the abduction of Mrs. Flor de María Salguero de Laparra, trade unionist of FESTRAS who was assaulted, raped and received death threats.
25. - The Committee also requests the Government to send observations on the allegations of the ICFTU (27 June 1996) and of the CLAT (4 October 1996) concerning the assassination of Luis Armando Pérez, General Secretary of the Trade Union of Customs Workers, the attempted assassination of Sixto Pérez Coche, the Financial Secretary of the Trade Union of Workers of the La Patria Farm and the following of the trade union leader José Antonio García by an armed individual. Furthermore, the Committee repeats its request for information on developments in the inquiries relating to the death of the trade unionists Juan Tarax, Lilian Elizabeth Juárez Escobar, Camilo Ajqui, to the arrests of the trade unionists Silvio Pastor, Pablo Itzel, Teodoro Pastor, Rolando Pastor and Francisco Pastor, and to the abduction of Walter Nájera Molina, who was released.
26. - The Committee requests the complainants to provide more details of the alleged death of Edwin Giovanni Hidalgo (according to the Government he was neither a worker nor a trade union leader at the National Electrification Institute, which is why it needs additional information to confirm his death), and on other, too general allegations indicated in the annex to this report.
27. - The Committee regrets that the Government has not sent its observations on the dismissals and other acts of anti-union discrimination that occurred at the International Textile Corporation S.A., El Salto farm, La Mariposa bottling enterprise and the Municipality of Coban, and that it has not sent information on developments in the legal proceedings concerning the dismissal of several trade union leaders of the Workers' Union of the San Juan de Dios Hospital. The Committee requests the Government to send information in this connection.
28. - The Committee also requests the Government to send its observations on the allegations of anti-union dismissals, violations of the right to collective bargaining and acts of reprisal against unionized workers at the Las Delicias farm.
29. - Lastly, the Committee again appeals to the Government to provide information on the inquiry which the Office of the Attorney-General was asked to carry out into the alleged surveillance of the IUF premises by persons unknown on 23 August 1993.
30. 368. With regard to Case No. 1876, at its meeting in June 1997, the Committee formulated the following recommendations on the pending allegations (see 307th Report, para. 316):
31. - The Committee requests the Government to keep it informed of the progress of the inquiries into the death threats against (1) trade union officers Félix Hernández, Jorge Galindo and Danilo Aguilar; (2) trade union officer Débora Guzmán; and (3) trade union member Vilma Cristina González.
32. - The Committee also requests the Government to keep it informed of the progress of the inquiry into the attempt (using a firearm) on the life of trade union officer Víctor Hugo Durán and the judicial inquiry regarding the arrests of Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez García and Belarnino González de León.
33. - Deploring the fact that the Government has not replied to the allegation concerning the death threats against Mr. Juan Francisco Alfaro Mijangos, Secretary-General of the Confederation of United Trade Unions of Guatemala (CUSG), or provided information on the request made in the previous examination of the case to initiate investigations into the abduction of Mr. Edwin Rolando Yoc (son of a trade union officer, now free), the Committee urges the Government to initiate inquiries without delay into the allegations concerning Mr. Alfaro and Mr. Edwin Rolando Yoc and to keep it informed in this respect.
34. B. Additional information from the ICFTU
35. 369. In its communication dated 18 July 1997, the ICFTU alleges that the "Quetzal" port enterprise dismissed Juan José Morales Moscoso and Everildo Revolorio Torres, Secretary-General and secretary responsible for disputes, respectively, of the Single Workers' Union of the said enterprise, and members of the Executive Committee of the Confederation of United Trade Unions of Guatemala (CUSG).
36. 370. In the case of Mr. Revolorio Torres no valid explanation has been given, except that his dismissal was due to the administrative reorganization of the enterprise. Despite efforts to that effect, it has not been possible to achieve the reinstatement which is his right, because the labour tribunals are not functioning. This case has been dealt with by the Ministry of Labour which showed an interest in having this situation resolved in conformity with the law, but this has been ignored by the supervisor of the port enterprise.
37. 371. The case of Mr. Morales Moscoso is much more serious, because he is being pursued under the criminal code, accused of non-fulfilment of his duties and abandoning his post, accusations brought on by his attending the XIVth Continental Congress of the Inter-American Regional Organization of Workers of the ICFTU (ORIT), where he was present as an official delegate representing the Confederation of United Trade Unions of Guatemala (CUSG). According to the supervisor of the port enterprise, the above-mentioned trade unionist attended this event without permission of any kind, which is completely untrue since he had personally spoken with the said official. Moreover, the CUSG sent a letter to the enterprise regarding Mr. Morales Moscoso's attendance at the Congress.
38. 372. According to the ICFTU similar cases are occurring with the Trade Union of Workers of the National Electrification Institute (STINDE) where union officers and former officers have been dismissed on the pretext that the collective agreement on working conditions is not applicable to them. In both cases, the two enterprises are subject to injunctions, and for this reason they cannot dismiss workers without the prior authorization of a judge; moreover in the case of union officers, the law prohibits their dismissal.
39. 373. On the other hand, according to the ICFTU, the administrative director of the port enterprise is putting strong pressure on Mr. Morales Moscoso, to force him to give up his job in exchange for the enterprise withdrawing its criminal suit, which is an attitude which goes against his rights, and is aimed at weakening and destroying the union organization.
40. C. The Government's reply
41. 374. In its communications dated 10 June and 10 and 12 September 1997, the Government states that at the end of 1996 and under the gaze of the international community the Firm and Lasting Peace Accord was signed, putting an end to many years of armed internal conflict, and opening the way to building a new Guatemala, on which many hopes were based, and which will need to make itself felt in the strengthening of national institutions and the fostering of new and better forms of community and society. Within this framework, the subject of labour relations, respect for labour standards and the full guarantee of union freedoms, take a principal place. However, the past of the Guatemalan people is still not clear and for this reason the Government reaffirms its decision to continue the investigation and to investigate the acts of violence which may have been committed against workers and union officers, carrying out all the procedures which may be necessary. The Government emphatically declares that repression, state terrorism, the persecution of social and union leaders, and every type of anti-democratic action which did so much damage to the country, no longer hold sway.
42. 375. The Government declares, nevertheless, that they would like union organizations that have presented complaints to contribute in a more active manner to the clarification of these acts. In effect, in many cases the aggrieved parties have not declared the acts to the authorities and when they do so, very often, the judicial authorities point out that the affected persons or union organizations do not present themselves to the investigative powers and collaborate very little, thus impeding the proceedings from being instituted or advancing as would be desired. The Government recalls in this connection the obvious difficulty with which it is faced in trying to investigate cases which occurred during the mandate of former administrations and where the passage of time further complicates the task.
43. 376. The Government informs the Committee that with the aim of using all possible means for the prompt and proper investigation of what happened, it appeared before the Commission on Historical Clarification in order that by means of this Commission an attempt be made to clarify the cases being processed by the Committee. In this connection the Government recalls that the Commission on Historical Clarification is a body originating from the Peace Accords, which has the economic and institutional support of the international community and the actions of which are endorsed by the United Nations. The Government points out that the political will of the Government of Guatemala to clarify the facts contained in the cases now before the Committee is obvious, and requests that the cases be closed.
44. 377. The Peace Accord relative to the Commission on Historical Clarification (of violations of human rights and acts of violence) contains, in particular, the following provisions:
45. Aims
46. (i) To clarify with full objectivity, equity and impartiality the human rights violations and acts of violence which caused suffering to the Guatemalan population, linked to the armed confrontation.
47. (ii) To draw up a report containing the results of the investigations carried out, and to offer objective judgements concerning the events during this period, taking into account all the factors, internal and external.
48. (iii) To formulate specific recommendations directed at protecting peace and national harmony in Guatemala; the Commission will recommend, in particular, means to preserve the memory of the victims, to promote a culture of mutual respect and observance of human rights, and to strengthen the democratic process.
49. Period: The period which the Commission will investigate will be from the start of armed confrontation until the signing of the Firm and Lasting Peace Accord.
50. ...
51. Membership
52. The Commission will have three members. These will be as follows:
53. (i) The current mediator of peace negotiations, whose appointment will be requested from the Secretary General of the United Nations.
54. (ii) A member, a citizen of irreproachable conduct, appointed by the mediator, with the agreement of all the parties.
55. (iii) An academic chosen by the mediator, with the agreement of all the parties, from a short list suggested by the rectors of the universities.
56. The Commission will have for the fulfilment of its duties all the support staff which it considers necessary, with the required qualities.
57. ...
58. International verification
59. In conformity with the Framework Accord, dated 10 January 1994, the fulfilment of this Accord is subject to international verification by the United Nations.
60. 378. With regard to Case No. 1876, the Government states that the union officers Jorge Galindo, Danilo Aguilar, Félix Hernández and Juan Francisco Alfaro Mijangos, did not present a complaint to the authorities for the acts alleged in the complaint now before the Committee and that all of them are carrying out their trade union activities normally (the Government appends documentation in this regard).
61. 379. In the case of the trade unionists Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez García and Belarnino González de León, the Assistant Attorney of the Ministry of Public Affairs in Amaritlán has requested the initiation of legal proceedings in the tribunal with the appropriate jurisdiction; moreover a Special Commission of the Ministry of Labour is following up the case. With regard to the Committee's request that investigations take place into the abduction of Mr. Edwin Rolando Yoc Acajabon (the son of a union officer), the father of the victim stated that since 21 February 1996 neither his son, nor himself, nor his family had been the object of persecution, and that he was reserving the right to decide with his family on the possibility of filing a formal complaint with the competent authorities.
62. 380. The Government adds that it is deeply concerned and interested in the clarification of allegations of abductions and threats against union members Félix Hernández, Jorge Galindo, Danilo Aguilar, Débora Guzmán, Vilma Cristina González, Víctor Hugo Durán, Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez García, Belarnino González de León, Juan Francisco Alfaro Mijangos and Edwin Rolando Yoc. Nevertheless, having requested, in writing, that union organizations concerned submit a report on these matters, no response was received (the Government attached copies of the communications it had sent out).
63. 381. The Government adds that it particularly draws the attention to the fact that Messrs. Hernández, Galindo and Aguilar were publicly accused of being suspected of committing the same actions which they denounce, by leaders of a rival union federation whose antagonism towards them is public knowledge (the press publication is appended in support). The inter-union conflicts and confrontations which Messrs. Hernández, Galindo and Aguilar are invariably engaged in, contribute to discrediting the belief that the threats and intimidations denounced to the ILO by these people, if indeed these acts really took place, constituted acts of anti-union discrimination or reprisals. Moreover, the Government points out that Messrs. Jorge Galindo and Danilo Aguilar, in connection with the union organizations which they lead, maintain permanent, almost daily, personal communication with the authorities of the Ministry, and at no point have they made a declaration with regard to the supposed death threats denounced to the ILO. Moreover they took part in various demonstrations initiated by the main union confederations of the country during this current year.
64. 382. In the case of Mr. Víctor Hugo Durán, the Government states that it seems extremely unlikely that the assassination attempt which he denounced, if indeed it took place, was due to a deliberate act of repression or anti-union discrimination, in view of the fact that the said officer maintains particularly cordial relations with the authorities of the section for which he works (the Government set out elements to indicate that Mr. Durán carries out his public life normally). It is public knowledge that Mr. Durán has been acting as Secretary- General of the Union since 22 February, a duty which he performs in complete freedom, and he is a shareholder of the recently created Telecommunications Enterprise of Guatemala S.A.
65. 383. The Government emphasizes that no person threatened with death could carry out his or her daily activities with the comfort and freedom exhibited by Alfaro Mijangos, Félix Hernández, Jorge Galindo, Danilo Aguilar and Víctor Hugo Durán, which makes it appear that if the threats and attempted assassination did happen, they were in fact isolated acts or cases which have no relation to the union activity of the above-mentioned union officers. With respect to Débora Guzmán, Vilma Cristina González, Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez García and Belarnino González de León, the circumstances are similar to those mentioned in the preceding paragraphs.
66. 384. The Government suggests that all of the acts indicated make it imperative that the International Labour Organization independently verify what has been stated, in order that in due course Case No. 1876 be closed. For this reason the Government requests that a regional technical commission be named which could confirm the real situation in situ and recommend to that Organization the most appropriate means to resolve all of the denunciations contained in the case at issue, and in the others.
67. 385. With regard to allegations relating to the surveillance of members of the IUF by persons unknown in 1993, a government representative personally asked to collaborate to obtain information on this allegation from the headquarters of IUF.
68. 386. In connection with allegations of anti-union discrimination, the Government declares: (1) that the Union of the International Textile Corporation enterprise has not filed a complaint to the competent authorities, and that the labour stability of the workers of the El Salto farm is being examined by the labour tribunals; (2) that the labour inspectors were unable to establish that the dismissals in the Mariposa S.A. bottling enterprise were carried out unjustifiably or as a reprisal (the enterprise is unwilling to pay in cash the benefits due to the workers in question), although in this case in August 1997 the Ministry of Labour asked the Tripartite Commission on International Labour Affairs to mediate on this issue; and (3) that the authorities have approved the statutes of the Union of Municipal Workers of Coban.
69. 387. With regard to the allegations relating to the Las Delicias farm, in which labour requested the reinstatement of dismissed workers, the Government declares that this was not a case of fixed-term workers but seasonal ones, that many of those dismissed now have other jobs and that the case was lost by the workers in the legal institutions. Nevertheless, currently the parties are continuing negotiations and have resolved that if the legal benefits are paid, the labour inspectors, will determine the amount owing and this will be accepted.

D. The Committee's conclusions

1. 388. The Committee notes with satisfaction the peace agreements and, in particular, the agreement on the definitive cease-fire (4 December 1996), the global agreement on human rights and the agreement concerning socio-economic aspects and agriculture, which establishes the principles of freedom of association, social dialogue, negotiation and consultation. The Committee expresses the hope that these new agreements will usher in a new era of labour relations.
   • Allegations prior to the peace agreements
2. 389. With respect to the acts of violence against trade unionists (1990-94) within the framework of Cases Nos. 1512 and 1539, the Committee takes note of the Government's statements and in particular of its willingness to clarify these acts despite the lack of complaints to the authorities and the paucity of collaboration given by union organizations and the aggrieved parties themselves. The Committee observes, to this effect, that the complainants have not sent the information that it requested from them. The Committee notes with interest that the Government has appeared before the Commission on Historical Clarification (on human rights violations and acts of violence) in order to attempt to clarify the cases before the Committee. The Committee observes that the said Commission is impartial and that the United Nations is charged with the international verification of the Peace Accord which set up the said Commission. The Committee asks the Government to keep it informed periodically of the progress made by the Commission on Historical Clarification in connection with the cases under review.
3. 390. The Committee also asks the Government to keep it informed regarding the investigations into the alleged surveillance of the IUF premises by persons unknown on 23 August 1993. With regard to Case No. 1876, the Committee takes note that the initiation of legal proceedings has been requested concerning the detention of the trade unionists Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez García and Belarnino González de León, and also that the family of Edwin Rolando Yoc (abducted and later released) was keeping in mind the possibility of making a formal denunciation. The Committee takes note that the union officers Jorge Galindo, Danilo Aguilar, Félix Hernández and Juan Francisco Alfaro Mijangos, did not present denunciations for death threats, and that they are carrying out their union activities normally, as is union officer Victor Durán. The Committee observes that, in connection with the union officers Débora Guzmán and Vilma Cristina González, the Government limits itself to formulating hypotheses. In these circumstances, the Committee reiterates its previous recommendation that it be kept informed of investigations undertaken into the threats or acts of aggression against the above-mentioned union officials, and suggests to the Government to inform all union officials who have not yet presented formal denunciations to the authorities that they may do so if they so desire.
4. 391. The Committee takes note, likewise, that the Government requests a regional technical commission in connection with the cases relating to acts of violence against trade unionists. The Committee hopes that the said regional technical commission will be able to set off shortly to the country, in order to speed up the clarification of the allegations under review.
5. 392. With regard to the allegations of acts of discrimination, the Committee takes note of the Government's statements regarding developments in the legal, administrative or mediation procedures in connection with the International Textile Corporation enterprise, in the El Salto farm, in the Mariposa S.A. bottling enterprise and in the Las Delicias farm. The Committee stresses the importance of remedying all the acts of anti-union discrimination and asks the Government to keep it informed of the progress of these procedures. The Committee also asks the Government to send information about the status of the legal proceedings regarding the dismissal of various officers of the Workers' Union of the San Juan de Dios Hospital.
   • Recent allegations
6. 393. Finally, the Committee asks the Government to send its observations on the additional information submitted by the ICFTU, dated 18 July 1997.

The Committee's recommendations

1. 394. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes with satisfaction the peace agreements and, in particular, the agreement on the definitive cease-fire (4 December 1996), the global agreement on human rights and the agreement concerning socio-economic aspects and agriculture, which establishes the principles of freedom of association, social dialogue, negotiation and consultation. The Committee expresses the hope that these new agreements will usher in a new era of labour relations.
     • Allegations prior to the peace agreements
   • (b) With regard to Cases Nos. 1512 and 1539, the Committee requests the Government to keep it informed periodically of the progress made by the Commission on Historical Clarification in connection with the allegations under review concerning the assassination or disappearance of trade unionists (1990-94).
   • (c) With regard to Case No. 1876, relating in particular to death threats against trade unionists, the Committee requests the Government to keep it informed of the investigations being undertaken, and suggests to the Government to inform union officers who have not presented formal denunciations to the authorities that they may do so if they so desire.
   • (d) The Committee likewise takes note that the Government requests a regional technical commission in connection with cases relating to acts of violence against trade unionists. The Committee hopes that a regional technical commission will be able to set off shortly to the country, in order to speed up the clarification of the allegations under review.
   • (e) The Committee asks the Government to continue to keep it informed about the investigations into the alleged surveillance of the IUF premises by persons unknown on 23 August 1993.
   • (f) With regard to the allegations relating to acts of discrimination (International Textile Corporation enterprise, El Salto farm, Mariposa S.A. bottling enterprise and Las Delicias farm), the Committee stresses the importance of remedying all the acts of anti-union discrimination and asks the Government to keep it informed of the progress of these procedures. The Committee also asks the Government to send information as to the status of the legal proceedings regarding the dismissal of various officers of the Workers' Union of the San Juan de Dios Hospital.
     • Recent allegations
   • (g) Finally, the Committee asks the Government to send its observations on the additional information submitted by the ICFTU, dated 18 July 1997.