Informe provisional - Informe núm. 356, Marzo 2010

Caso núm. 2445 (Guatemala) - Fecha de presentación de la queja:: 31-AGO-05 - Cerrado

Allegations: Murders, threats and acts of violence against trade unionists and their families; anti-union dismissals and refusal by private enterprises or public institutions to comply with judicial reinstatement orders; harassment of trade unionists

1. 772. The Committee examined this case at its November 2008 meeting and presented an interim report to the Governing Body [see 351st Report of the Committee, paras 873 to 884, approved by the Governing Body at its 303rd Session (November 2008)].
2. 773. At its meeting in November 2009, the Committee noted that, despite the time that had passed since the previous examination of the case, it had not received the information sought from the Government. The Committee drew to the Government’s attention the fact that, in accordance with the procedural rule set out in paragraph 17 of its 127th Report approved by the Governing Body, it would present a report on the substance of the case at its next session even if the requested observations or information had not been received in due time. The Committee urged the Government by means of an urgent appeal to provide its observations or information without delay. The Government sent partial information in a communication dated 27 October 2008. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 774. In its previous examination of the case, the Committee made the following recommendations on the issues that remained pending [see 351st Report, para. 884]:
   • (a) The Committee regrets that the Government has only sent information regarding a small number of the allegations presented.
   • (b) Recalling that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are respected, the Committee once again deplores the murder of the trade union officials Rolando Raquec and Luis Quinteros Chinchilla, and the attempt against the life of the trade unionist Marcos Alvarez Tzoc and the trade union official Imelda López de Sandoval, once again strongly requests the Government to inform it as a matter of urgency of developments in the inquiries and proceedings currently under way, and expects that those responsible will be severely punished.
   • (c) The Committee once again strongly requests the Government immediately to take all the necessary measures to safeguard the lives of the wife and children of the murdered trade unionist Rolando Raquec, given the death threats which, according to the allegations, they have received.
   • (d) With regard to the allegations of death threats against the Secretary-General of the Trade Union Association of Itinerant Vendors of Antigua, the Committee requests the complainant organizations to inform the trade unionists of the need to confirm the legal complaint lodged with the judicial authority and hopes that the ongoing proceedings relating to the threats and assaults will be concluded in the near future and requests the Government to keep it informed in this regard.
   • (e) The Committee once again requests the Government to communicate the outcome of the inquiries carried out by the national police and the Prosecutor General for Human Rights into the allegation concerning the selective surveillance and theft of laptop equipment belonging to José E. Pinzón, Secretary-General of the CGTG.
   • (f) With regard to the alleged dismissal of trade unionists at the El Arco Estate (municipality of Puerto Barrios), the Committee notes the Government’s statements according to which the proceedings initiated by the dismissed workers at the Clermont Estate in the municipality of Río Bravo, who had obtained a judicial reinstatement order, and the application to the judicial authority by the employer for authorization to dismiss trade unionists at the Los Angeles Estate (municipality of Puerto Barrios) were before the Chamber of Constitutional Protection (amparo) of the Supreme Court of Justice. The Committee again requests the Government to inform it of the outcome of these proceedings, and expects that they will be concluded without further delay.
   • (g) With regard to the alleged dismissal of workers at the El Tesoro Estate (municipality of Samayac) for submitting lists of claims during negotiations on a collective agreement, despite a judicial reinstatement order, the Committee again requests the trade union to which these trade unionists belong to request the competent legal authority to implement the reinstatement order.
   • (h) The Committee notes with regret that the Government has not provided any information on the allegations relating to: (1) the non-payment of wages and other benefits ordered by the judicial authority to trade unionists in the municipality of Livingston; and (2) the absence of measures by the authorities to promote collective bargaining between the El Carmen Estate and the trade union. The Committee urges the Government to send the requested information without delay.
   • (i) With regard to the allegations relating to the abusive investigation conducted by the Department of Human Resources against Ms Imelda López de Sandoval, SecretaryGeneral of USTAC, the Committee urges the Government to instruct the General Directorate of Civil Aviation without delay to delete from its staff database any information of a private nature relating to this trade unionist.
   • (j) With regard to the alleged threats against the employees of the General Directorate of Civil Aviation who participated in a protest in front of the building against the constant abuse by the administration (according to the allegations, the General Directorate’s chief maintenance officer threatened that they would be reported and subsequently dismissed, if they were five minutes late back to work, and then took photographs of them) and with regard to the intimidation by security officers against the members outside the room where the union’s general assembly was to be held, the Committee regrets that the Government has not sent its observations and urges it to do so without delay.
   • (k) The Committee notes that the Government has accepted and hopes shortly to obtain technical assistance from the ILO. The Committee expects that the object of this assistance will be to ensure promptly an adequate and efficient system of protection against acts of anti-union discrimination, which should include sufficiently dissuasive sanctions and prompt means of redress, beginning with the implementation, without delay, of the judicial reinstatement orders.
   • (l) The Committee calls the Governing Body’s attention to this serious and urgent case.

B. The Government’s reply

1. 775. In its communication of 27 October 2008, the Government states, with regard to the allegation of non-payment of wages and other benefits owed to trade unionists in the municipality of Livingston, that the competent judicial authority dealing with the claims in question was consulted, which indicated that a compliance order had been issued but had not been implemented by the defendant, and, for that reason, the matter will be referred to the criminal jurisdiction for refusal to comply with a court decision.

C. The Committee’s conclusions

1. 776. The Committee deeply deplores that, despite the time that has passed since it last examined the case, the Government has confined itself to sending observations only in relation to one of the many allegations - some of which are extremely serious in that they concern alleged murders or death threats - which had remained pending when the case was last examined at the Committee’s meeting in November 2008. The Committee deplores the lack of cooperation on the part of the Government. It reiterates its previous conclusions and recommendations and urges the Government to send its observations without delay on all the allegations that had remained pending, which are reproduced here.
2. 777. As regards the allegation concerning non-payment of wages and other benefits ordered by the judicial authority to trade unionists in the municipality of Livingston, the Committee notes that according to the Government: (1) the competent judicial body was consulted and stated that a ruling had been issued ordering compliance with the court’s decision but the defendant failed to do so; and (2) the matter will be referred to the criminal jurisdiction owing to the refusal to comply with the judicial order. The Committee urges the Government to take, without delay, any measures in its power to ensure that the trade unionists of the municipality of Livingston who did not receive their wages and other benefits ordered by the judicial authority, receive them immediately, and to inform it of developments with regard to the criminal proceedings initiated against the municipality.

The Committee's recommendations

1. 778. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations.
   • (a) The Committee calls the Governing Body’s attention to the extreme seriousness and urgent nature of this case.
   • (b) The Committee deplores that the Government has only sent information regarding a small number of the allegations presented, as well as its lack of cooperation, despite the extreme gravity of some of the allegations.
   • (c) Recalling that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are respected, the Committee once again deplores the murder of the trade union officials Rolando Raquec and Luis Quinteros Chinchilla, and the attempt against the life of the trade unionist Marcos Alvarez Tzoc and the trade union official Imelda López de Sandoval, and once again strongly expresses it expectation that the Government will inform it as a matter of urgency of developments in the inquiries and proceedings currently under way, and urges that the necessary measures be taken so that those responsible will be severely punished.
   • (d) The Committee once again strongly urges the Government immediately to take all the necessary measures to safeguard the lives of the wife and children of the murdered trade unionist Rolando Raquec, given the death threats which, according to the allegations, they have received.
   • (e) With regard to the allegations of death threats against the Secretary-General of the Trade Union Association of Itinerant Vendors of Antigua, the Committee requests the complainant organizations to inform the trade unionists of the need to confirm the legal complaint lodged with the judicial authority and hopes that the ongoing proceedings relating to the threats and assaults will be concluded in the near future and requests the Government to keep it informed in this regard.
   • (f) The Committee once again requests the Government to communicate the outcome of the inquiries carried out by the national police and the Prosecutor General for Human Rights into the allegation concerning the selective surveillance and theft of laptop equipment belonging to José E. Pinzón, Secretary-General of the CGTG.
   • (g) With regard to the alleged dismissal of trade unionists at the El Arco Estate (municipality of Puerto Barrios), the Committee notes the Government’s statements according to which the proceedings initiated by the dismissed workers at the Clermont Estate in the municipality of Río Bravo, who had obtained a judicial reinstatement order, and the application to the judicial authority by the employer for authorization to dismiss trade unionists at the Los Angeles Estate (municipality of Puerto Barrios) were before the Chamber of Constitutional Protection (amparo) of the Supreme Court of Justice. The Committee again requests the Government to inform it of the outcome of these proceedings, and expects that they will be concluded without further delay.
   • (h) With regard to the alleged dismissal of workers at the El Tesoro Estate (municipality of Samayac) for submitting lists of claims during negotiations on a collective agreement, despite a judicial reinstatement order, the Committee again requests the trade union to which these trade unionists belong to request the competent legal authority to implement the reinstatement order.
   • (i) The Committee notes with regret that the Government has not provided any information on the allegations relating to the absence of measures by the authorities to promote collective bargaining between the El Carmen Estate and the trade union. The Committee urges the Government to send the requested information without delay.
   • (j) With regard to the allegations relating to the abusive investigation conducted by the Department of Human Resources against Ms Imelda López de Sandoval, Secretary-General of USTAC, the Committee urges the Government to instruct the General Directorate of Civil Aviation without delay to delete from its staff database any information of a private nature relating to this trade unionist. The Committee requests to be kept informed in this respect.
   • (k) With regard to the alleged threats against the employees of the General Directorate of Civil Aviation who participated in a protest in front of the building against the constant abuse by the administration (according to the allegations, the General Directorate’s chief maintenance officer threatened that they would be reported and subsequently dismissed, if they were five minutes late back to work, and then took photographs of them) and with regard to the intimidation by security officers against the members outside the room where the union’s general assembly was to be held, the Committee regrets that the Government has not sent its observations and urges it to do so without delay.
   • (l) The Committee expects that the Government will continue to receive technical assistance from the ILO and that the object of this assistance will be to ensure promptly an adequate and efficient system of protection against acts of anti-union discrimination, which should include sufficiently dissuasive sanctions and prompt means of redress, beginning with the implementation, without delay, of the judicial reinstatement orders.
   • (m) The Committee urges the Government to take, without delay, all the measures in its power to ensure that the trade unionists of the municipality of Livingston who did not receive the wages and other benefits owed to them as ordered by the judicial authority, receive them immediately, and to inform it of developments with regard to the criminal proceedings initiated against the municipality.