Rapport intérimaire - Rapport No. 213, Novembre 1981

Cas no 975 (Guatemala) - Date de la plainte: 01-JUIN -80 - Clos

A. Introduction

1. 5. During 1980 and 1981 complaints regarding violations of freedom of association in Guatemala (Cases Nos. 954, 957, 975, 978 and 1026) have been submitted by the following organisations: The International Confederation of Free Trade Unions (ICFTU), The World Confederation of Labour (WCL), The Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL), The International Union of Food and Allied Industries Workers (IUA) and the International Federation of Commercial, Clerical, Professional and Technical Employees (FIET).
2. 6. These complaints involve allegations of murder, detention and torture of trade union leaders and trade unionists, their disappearance, threats made against them, and attacks on trade union premises and property by the armed forces. The complaints were transmitted to the Government of Guatemala as they were received.
3. 7. Owing to the lack of observations from the Government, the Committee adjourned consideration of Case No. 954 at its meeting in May 1980,1 of Cases Nos. 975 and 978 at its meeting in November 1980,2 and of Case No. 1026 at its meeting in February 1981.3
4. 8. The Committee noted at its May 1981 meeting that the observations regarding Case No. 957, which the Committee requested from the Government at its meeting in May 1980, had not yet been received. It therefore decided to make use of the procedure in force and presented an interim report on the substance of the case.

B. Urgent appeal by the Director-General

1. 9. In a communication dated 24 August 1980 the Director General sent an urgent appeal to the President of the Republic of Guatemala. In this communication he voiced the growing concern on the part of the International Labour Organisation over the trade union situation in Guatemala, observing that the Committee on Freedom of Association and the Governing Body were currently examining several complaints of alleged violations of the freedom of association submitted by a number of international workers' organisations. The Director-General continued that in this connection the Chairman of the Committee on Freedom of Association had met the Minister of Labour and Social Welfare and the Permanent Representative Ambassador of Guatemala during the 66th International Labour Conference in Geneva in June 1980, and had informed them that the Government needed to reply in detail to the Committee's requests for information.
2. 10. The Director-General also stated in his appeal that during this same period (June 1980) he had received telegrams from several international trade union bodies which referred to alleged violations of the freedom of association in Guatemala. In view of the seriousness and urgency of the events referred to in the telegrams, he requested the Minister for External Relations to supply him with the Government's observations as soon as possible.
3. 11. The Director-General's appeal concluded by kindly requesting the President of the Republic of Guatemala to take All possible measures to safeguard the life, freedom and security of trade union leaders, and he hoped that the President's action in this connection would have the desired effect in as short a time as possible. He also asked the President to communicate any information on the measures that might be taken as regards this serious situation.
4. 12. No reply has been received to the communication sent to the President of the Republic of Guatemala by the Director-General.

C. Urgent appeals by the Committee

1. 13. At its meeting in November 1980, the Committee observed that in spite of the time which had elapsed, the observations of the Government on Case No. 957 had not been received and requested it to send them urgently.
2. 14. At its meeting in February 1981, the Committee noted with regret that it had still not received the Government's observations regarding Cases Nos. 954, 957, 975, 978 and 1026 in view of the extremely serious nature of the allegations the Committee again requested the Government to reply urgently.

D. Contacts during the Conference

1. 15. At its May 1981 meeting the Committee noted that, despite repeated requests, the Government had sent no reply. The Committee therefore decided to apply to Cases Nos. 954, 957, 975, 978 and 1026 the procedure contained in the Committee's 164th Report according to which the Chairman of the Committee would make contact with the Government's representatives in order to have an exchange of views on the cases in question.
2. 16. In accordance with the Committee's decision, the Chairman met with the Minister of Labour and Social Welfare and the Permanent Representative Ambassador of Guatemala in Geneva on 10 June 1981. The Chairman referred to the persistent failure of the Government of Guatemala to reply to all the communications concerning the cases before the Committee which had been sent to it during the previous year, in particular the letter sent personally by the Director-General of the ILO to the President of the Republic of Guatemala on 25 August 1980.
3. 17. The Chairman of the Committee added that the failure to reply was particularly serious in view of the fact, that four of the five cases involved the death or arrest of trade union leaders.
4. 18. The Minister expressed his surprise that the President of the Republic had not replied to the Director-General's letter, and stated that he would do all he could be obtain a reply.
5. 19. The Minister also stated that he would do everything possible to reply in writing before returning to Guatemala. To make this task easier a copy of the Director-General's letter was delivered to him on 11 June, together with copies of all the relevant communications which had been sent concerning Cases nos. 954, 957, 975, 978 and 1026.
6. 20. Apart from a brief communication dated 16 June 1980 concerning one aspect of Case No. 957, which was examined by the Committee at its meeting in May 1981 when it presented an interim report on this case, the Government has not sent any observations on the cases in question.
7. 21. In view of the seriousness of the allegations, and in view of the time which has elapsed since the complaints were communicated to the Government, the Committee proposes, in accordance with the procedural rule set out in paragraph 17 of its 127th Report, to present a report on the substance of each case in question.
8. 22. 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).

E. Previous examination of Case No. 957

1. 23. As stated above, the Committee examined Case No. 957 at its meeting in May 1981 and presented an interim report.
2. 24. CPUSTAL had alleged that Rodolfo Ramirez, General Secretary of the Autonomous Trade Union. Federation of Guatemala (FASGUA) and his wife were murdered on 15 April 1980, together with Maximo Velásquez Melgar, Secretary of the Trade Union of the Hemp Sack Factory, who was treacherously murdered as he was leaving work on 28 March 1980. CPUSTAL added that on 5 May 21980 the bodies of Ricardo Garcia and Arnulfo Gómez, leaders of the Coca-Cola Workers' Union who had been kidnapped on 1 May, were found. The complainant also referred to the kidnapping, death and subsequent discovery of the corpses of peasants and workers, some of whom it mentioned by name, and to the murder of 22 workers on 1 May, among whom were Judith González, Edgar González Garcia and Manuel de Jesús Flores.
3. 25. CPUSTAL also alleged that Guillermo Hernández - Secretary of the Union of Central American Sanitation Workers (INCESA) -, Hugo Rolando Tello González and Guillermo Hernández Gómez - trade union leaders whose whereabouts are unknown - and Efraim Nájera and Margarito Tzul - both workers - were all under arrest.
4. 26. The complainant added that on 15 April 1980 the army brutally repressed the meeting of Coca-Cola workers who were discussing a problem of wages. Twenty-seven workers subsequently disappeared, although the Government denied that they were under arrest. Furthermore, according to CPUSTAL on 29 April 1980 a group of 80 armed persons attacked, sacked and destroyed the premises of the CNT in Guatemala City, abducting 18 workers and beating up the watchman of the premises, Miguel Angel Olayo.
5. 27. CPUSTAL also alleged that a large number of written threats were received by 30 major trade union leaders, warning them to leave the country within 30 days, and stating that they would be killed if they did not do so.
6. 28. Finally, the complainant stated that on 29 March 1980 the headquarters of the FASGUA trade union organisation in Escuintla was attacked with machine-gun fire.
7. 29. In a communication dated 16 June 1980 the Government stated that on the day when the General Secretary of FASGUA was murdered by persons unknown, the Government issued precise instructions to the Detective Section of the National Police to investigate the case. The Government added that no information had been discovered concerning the deaths of the General Secretary and his wife, as the assassins had left no traces, but the police were continuing with their inquiries.
8. 30. The Committee keenly regretted that, despite repeated requests, the Government had not replied in detail to the allegations of the complainant, and that it therefore had been obliged to examine the case without having received detailed observations from the Government.
9. 31. The Committee deeply deplored the deaths and murders of trade union leaders and workers, and expressed its concern at the seriousness of the allegations.
10. 32. The Committee drew the attention of the Government to the fact that a free and independent trade union movement could develop only under a regime which guarantees fundamental human rights and requested the Government, in view of the deaths which had occurred and the seriousness of the allegations, to adopt a policy for the taking of special measures to fully guarantee the rights to personal safety, protection against unjustified arrest and detention, the right of assembly and demonstration, and the protection of trade union premises and property.
11. 33. The Committee requested the Government to send its observations on the allegations made, in particular as to the death of the trade unionists mentioned in the complaint and as to the present situation of arrested workers and trade union leaders.

F. Summary of allegations made in connection with Cases Nos. 954, 975, 978 and 1026

1. 1. Deaths, murders and disappearances
2. 34. The complainants refer to the following deaths:
   • - Pedro Quevedo, Financial Secretary of the Guatemalan Bottling Company Workers' Union (EGSA), murdered on 12 December 1978;
   • - Manuel Francisco López Balán, General Secretary of the EGSA Workers' Union, murdered on 5 April 1979;
   • - Miguel Archilla, trade union leader, killed by the police on 13 October 1979 shortly after a demonstration by agricultural workers protesting against the dismissal of workers from the ISOTAL estate, which was violently dispersed;
   • - José León Castañeda, General Secretary of the Communication Workers' Union (SIMCOS), who was abducted on 16 November 1979 and died under torture the following day;
   • - Ricardo de Jesús Monzon Noriega, a trade union leader of the El Salto SA sugar factory, murdered on 29 February 1980 while returning from work;
   • - Julio Villavicencio Morales, disputes secretary of a Puerto Barrios trade union, who died from bullet wounds received on 10 March 1980 after leaving a trade union meeting;
   • - Arnulfo Feliciano López Velázquez, financial secretary of the Capri textile factory workers' union. His body was discovered on 1 April 1980; he had been shot. He had been kidnapped the same day as he was leaving the factory at midday;
   • - Horacio Samayoa Mayen, General Secretary of the Regional Autonomous Federation of the South, who, with his son Ernesto, died from bullet wounds received as they entered a bar in Mazatenango on 21 April 1980;
   • - Claudio Roberto Mamirez, an FNT official, found dead with bullet wounds on 24 April 1980. His body also showed signs of torture. He had been kidnapped by detectives belonging to the national police;
   • - René Reyes, member of the EGSA trade union, murdered on 1 May 1980. The complainants state that on 2 May the bodies of 12 unidentified persons were found at the morgue in Guatemala City. They had been killed by machine-gun fire from persons unknown when the 1 May demonstration was dispersed;
   • - Gabriel Claveria Aldana, a worker at the Hemp Sack factory, who apparently took part in the demonstration on 1 May 1980. He was shot several times as he left his house the following morning;
   • - Ricardo de Jesús Aylan, an official of the EGSA trade union, murdered on 7 May 1980;
   • - Fernando Leonel Rivas, who had just been elected financial secretary of the Hemp Sack factory workers' union, was murdered in Escuintla on 7 May 1980 as he was leaving home in the morning;
   • - Hilario Almira, a trade union leader at the Madre Tierra sugar factory, found dead on 16 May 1980, one day after his abduction in Santa Lucia Cotzumalguapa;
   • - Efrain Zamora Aroche, President of the EGSA Employees' Union, murdered on 16 May 1980;
   • - José Alfonso Pérez Hernández, trade union leader at the EL Salto SA sugar factory, murdered in Escuintla on 19 May 1980. He had supported the wage claims of some dismissed workers;
   • - Marlon Mendizábal, General Secretary of the EGSA workers' union, murdered on 27 May 1980 by a volley of machine-gun fire as he was leaving work;
   • - Rogelio Mazariegos Ramirez, General Secretary of the workers' union of the Zone of Malacatan. His body, which showed signs of torture, was found on 1 July 1980 three days after he was abducted;
   • - Justiniano Vargas Casasola, a worker at EGSA, found dead from bullet and knife wounds on 11 July 1980;
   • - Edgar René Aldama, member of the Executive Committee of the EGSA workers' Union, was abducted from the factory on 20 June 1980. His body was found later the same day not far from the factory, riddled with six bullet wounds;
   • - Oscar Amilcar Tatuaca, member of the CNT Executive Committee and of the INCESA-STANDARD union, found dead on 21 June 1980;
   • - Victor Navarro Hernández and Jesús Santos Rosales, members of the INCESA-STANDARD union, murdered on 21 June 1980;
   • - Emilio Belte Villatoro, an official of the communication workers' union (SIMCOS), murdered. His body was found on 24 June 1980;
   • - Carlos Enrique Melchor, trade union leader at the Grand Central American Tyre Factory, who died from bullet wounds on 26 June 1980 in Guatemala City;
   • - Ricardo Antonio Tenas, General Secretary of the Hemp Sack factory union, murdered in Escuintla on 28 June 1980;
   • - Ramón Aragón Estrada, a trade unionist at the El Salto SA works, shot twice in the head while in hospital in the Guatemalan Social Security institute on 16 July 1980;
   • - Rafael Zepeda Bernal, Secretary of the municipal workers' union of Guatemala City, shot down in the street on 17 July 1980. Later the same day armed men entered the union premises where workers were hiding his body, killing two trade unionists (Marcelina Zepeda Valenzuela and Héctor Mayorga Portillo) and wounding four others;
   • - Encarnación Garcia, member of the Bakers' Union, shot dead on 5 August 1980 by two men on motor-bicycles;
   • - Hugo René Rodriguez, member and former official of the Transport and Allied Workers' Union, shot dead on 10 September 1980 in Guatemala City;
   • - Fredy Alberto Aragón Zuñiga, trade union leader and auxiliary nurse at the Guatemalan Social Security Institute, shot dead on 3 October 1980 in Guatemala City.
3. 35. The FIET alleges in a communication dated 30 June 1980 that José Emilio Escobar Barrios and Maria Adela González, Secretary and member of the Committee of the Guatemalan Social Security Institute Workers' Union respectively, were tortured and killed. Their bodies were found on 26 June 1980.
4. 36. In a communication dated 6 October 1980, the WCL alleges that two trade union leaders of the teaching profession in Guatemala were murdered; one of them was killed in front of his own pupils in broad daylight by members of the extreme right wing in the school where he taught. The WCL adds that Luis Fernando Moratoya Alvárez, General Secretary of the TIPIC steelworkers' union and of the Central workers' Federation of Guatemala, which is a member of the WCL, was killed by members of the extremist right-wing Secret Anticommunist Army, who fired at him from a car with a machine gun.
5. 37. In communications dated 3 February and 15 October 1981 CPUSTAL refers to the alleged murder of José L. Jacome Pinto, an official of the University staff union and of FASGUA, and the kidnapping and disappearance of Damián Gómez, General Secretary of FASGUA, on 2 July 1981. According to CPUSTAL, Mr. Gómez had been tortured.
6. 38. The complainants refer also to intensified military repression in April 1980 in the rural provinces of Quiche and Escuintla, using helicopters to bomb the region in order to keep the peasants indoors. Soldiers then came to their homes with a list of supposed members of a guerrilla movement who were arrested or disappeared. In a communication dated 6 October 1980 UITA states that more than 40 people disappear daily in Guatemala. Many of them are trade union leaders or persons involved in the labour movement. The complainants refer in particular to the disappearance on 22 June 1980 of Manuel Jesús Garcia, a member of the EGSA workers' union.
7. 2. Cases of physical assault
8. 39. The complainants allege the following cases of physical assault:
   • - on 20 February 1980 Pablo Bautista was seriously wounded by machine-gun fire from armed civilians. As an official of the CNT he had been particularly active in the region where he had just declared a strike of 50 cotton plantation and 70 sugar plantation workers in which the CNT was participating;
   • - on 16 May 1980 Felix Hernandez Campos, a member of the EGSA Employees' Union, was wounded in the attack in which Efrain Zamora Aroche, President of the Union, was killed;
   • - on 29 June 1980 several policemen in a car fired with machine guns at the EGSA factory, wounding workers Alfredo Cordón and Alberto Dominguez, both members of the EGSA Employees' Union;
   • - on 1 July 1980, when workers at the EGSA factory were on strike and occupying the factory, 80 armed members of the "Model Platoon", the Judicial Police and of Command No. 6 of the National Police stormed into the factory, assaulted the workers and forced them to return to their places of work;
   • - on 17 July 1980, as has already been indicated, armed men burst into the premises of the Guatemala city municipal workers' union and wounded four workers who were biding the body of the General Secretary of the union, who had just been shot dead.
   • - Finally, the 18 persons arrested on 29 April 1980 in the offices of the CNT, when preparing placards for 1 May (this was referred to in Case No. 957), were released on 2 May showing obvious signs of having been beaten and tortured.
9. 3. Arrests
10. 40. The complainants allege that shortly after the murder of the EGSA trade union leader Pedro Quevedo on 12 December 1978, 23 workers were placed in gaol on false charges. They add that on 20 April 1979 Yolanda Urizar Martinez de Aguilar and Rosa Maria Wantlan Garcia, lawyers working for the trade union movement and advisers to the CNT, were arrested at Guatemala City airport together with a secretary working for the CNT. On 17 December 1979 Alfredo Briones, Willy Mijangos and Carlos Gómez, militant members of the CNT, were also arrested.
11. 41. The complainants also allege that on 6 March 1980 Mario Rolando Cancinos, Fernando Castillo, Noel Escobar, Ageo Morales and Henry Cristóbal, all members of the Agua Capa Hydroelectric Works Union at Santa Rosa, were arrested at a meeting where they were discussing their collective demands. Regarding the arrest of Guillermo Hernandez Gomez, Secretary of the sanitation workers' union (INCESA), which was referred to in the allegations concerning Case No. 957, the complainants report that this in fact took place on 24 March 1980 when the police intervened in a demonstration of workers at the CAMSA furniture factory.
12. 42. The complainants further allege that on 21 June 1980, after the murders of Edgar René Aldama and Oscar Amilcar Tatuaca, the CNT Executive Committee met delegates of the trade unions concerned at the headquarters of the CNT to discuss what action should be taken and to discuss a possible demonstration to protest against the murders. During the discussion a group of 60 heavily armed men, claiming to be members of the state security forces, blocked traffic in the street of Guatemala City next to the CNT headquarters, broke down the door with a jeep, broke up the meeting and arrested 27 trade unionists, who were led in small groups to unknown destinations. The national police claim that they have no knowledge of the whereabouts of these arrested people, whose names are as follows: Ismael Vázquez Ortiz, Orlando Pérez and Florentino Gómez López (members of the EGSA workers' union), Mario Martinez and Luis Rodolfo Bonilla (members of the Foremost dairy workers' union), Bernardo Marroquin Salazar, Antonio Rodriguez Ramos and Rafael Antonio Aguilar Pérez (members of the Kerns Food Products union), Florencia Xocop Chávez, Gonzalo Vázquez, Manuel Sánchez and Oscar Salazar (members of the CNT organising Committee), Sonia Furio (member of the BIC union), Irma Pérez Osorio and Hilda Carlota Pérez Menéndez (General Secretary and member respectively of the INDUPLASTIC union), Sara Cabrera Flores (General Secretary of the AGRICASA union). The other names are: Orlando García Rodriguez, Irma Barrio, Cristina Yolanda Carrera, Irving René Hernández Paiz, Selvin Arnoldo García López, Sonia Alecio, Crescencio Coronel Ordoñez, Jorge Luis Serrano, Jorge Zamora, Manuel René Polanco Salguero and Mario Campos Valladares.
13. 43. The complainants add that on 1 July 1980, So armed men entered the EGSA factory where the workers were on strike and occupying the factory, and abducted two workers, both members of the EGSA workers' union. One of them, Marcelino Santos Chacón, was later released after being assaulted and interrogated by the police.
14. 44. On 24 August 1980, the complainants claim, 17 trade union leaders were arrested by the national police at the Emauz estate (Escuintla) when they were holding a meeting. They were later transferred to the national police headquarters in Guatemala City. The arrested include: Gustavo Adolfo Bejarano, Guillermo Alberto Moreno Valencia, Juan Guerra, Rafael Girón Mérida, Guillermo Turcios, Edgar de la Cruz, Augusto Yach Ciriaco, Iliana de la Cruz, Roldán Alberto Salazar Uriza, Alfonso Molina Mérida, and the director of the Emauz estate, José Luis Peña.
15. 45. Finally, in a communication dated 8 May 1981, the WCL submitted a list of other trade union leaders and workers who have been arrested. The trade union officials on this list include: Marco Antonio Yuntuche López, arrested 15 November 1978; Pedro Ignacio Tobar Guzmán - 3 February 1979; Antonio Benvenuto Serrano - 25 May 1979 (the latter two are being held in Guatemala City); José Morales López - 10 September 1979; Victor Rivas Paiz and Adán Velásquez Duarte - 5 August 1979. The trade unionists on the same list include: Marco Antonio Blanco - arrested 7 October 1978; Juan Lopreto Balux and Plácido Reyes - 9 December 1978; Jorge Enrique García Castellanos - 10 January 1979 (in detention in Guatemala City); Manuel Enrique Mejía - 5 August 1979; Juan de Dios Aguilar, Saturnino Cifuentes Salazar and Luis González Bahuér - 10 September 1979; Jorge Callejas Cruz - 22 December 1979 (being held in Guatemala City); Agustin Chitay Chapton, Alvaro Oswaldo Estrada, Tomás Roberto Poll and Pedro Ramos Micatu - 21 June 1980 (also being held in Guatemala City); Victor Herrera, Adalberto Juárez, Rosario Leal, Nery Robledo Espinoza and José Ruiz, arrested on 24 August 1980 (currently being held in Palín, Escuintla).
16. 4. Further allegations
17. 46. The complainants allege that Israel Neftalí Márquez, General Secretary of the EGSA workers' union, was forced to leave the country in March 1979 after numerous attempts were made to kill him. Miguel Cifuentes, General Secretary of the Tacasa tobacco workers' union was forced to leave for the same reason in April 1979.
18. 47. The complainants further allege that by the end of September 1979 the largest central trade union body in the country, the CNT, had lost 21 of its 56 affiliated trade unions as a result of the methods used by the Government and the employers to destroy the trade unions: the adjournment of legal recognition of the unions for months or even years; occupation by the armed forces of factories, the employers being able to hire soldiers; the creation of ("amarillos") trade unions dominated by factory owners; the artificial closure of factories later opened again under different names, with new staff and without a trade union, and finally, the use of intimidation.
19. 48. On 31 January 1980, at midnight, according to the complainants, the police were summoned by the management to the EGSA factory, where they threatened to arrest the entire night shift consisting of 80 to 90 workers owing to the smashing of an old piece of equipment, which the management were hasty to term "worker sabotage".
20. 49. The complainants further allege that in the month of April 1980 the management of EGSA dismissed 31 workers, including three trade union leaders, after the workers' union had appealed to the courts for a ruling ordering the continuation of negotiations for the renewal of a collective agreement which they had already obtained. Despite a ruling by the labour court for the reinstatement of all the dismissed workers, only the three trade union officials have been reinstated. Four of the 28 workers dismissed have agreed, under death threats, to accept their dismissal.
21. 50. With reference to the events of 29 April 1980, when 20 armed men entered the CNT premises and arrested 18 trade unionists, the complainants state that the premises were destroyed and that their typewriters, copying machines and other office equipment were confiscated, and that the telephone line was cut.
22. 51. Finally, in a communication dated 11 March 1980, the ICFTU alleges that a Draft Labour Code submitted to the Congress of the Republic of Guatemala by the Ministry of Labour and Social welfare and due, in principle, to come into force on 1 May 1980, contained several provisions which are not in conformity with Convention No. 87 (Case No. 954).

T. The Committee's conclusions

• G. Conclusions of the Committee
  52. 52 The Committee observes that, although the complaints which have been received contain extremely serious allegations, the Government has not yet sent its observations. The Committee regrets the Government's failure to reply and that it has chosen to ignore the numerous requests for such observations and urgent appeals from the Committee, the urgent appeal from the Director-General and the appeal made by the Chairman of the Committee when he met the Government representatives during the last International Labour Conference.
  53. 53 In accordance with the procedure in force, the Committee considers it necessary to examine in detail the various complaints, even in the absence of the Government's observations, and believes it appropriate to recall again that the purpose of the Committee's procedure for the examination of complaints is to promote respect for the freedom of association both "de jure" and "de facto". The Committee believes that whereas the procedure protects governments against unreasonable accusations, governments should in turn recognise the importance of replying in detail to the allegations in order to make it possible to examine them objectively. The Committee considers therefore that the co-operation of governments in obtaining full understanding of the incidents referred to the Committee by the complainants is essential to ensure full respect for freedom of association and for the normal development of the trade union movement.
  54. 54 After a lengthy examination of the allegations, the Committee can only express its deep concern at their seriousness: murders and violent physical attacks on a large number of trade union leaders, trade unionists and workers, arrests and disappearances of persons linked to the trade union movement, threats, violations of the right to strike, violent interference in trade union meetings, the occupation of trace union premises, attacks on trade union property and dismissals of individuals owing to membership of or involvement in trade union activities.
  55. 55 Although well aware of the difficulties of the situation in Guatemala, the Committee must draw to the attention of the Government, as it did at its meeting in May 1981, that a free and independent trade union movement can only develop under a regime which respects and guarantees fundamental human rights. The Committee therefore requests the Government to adopt a policy for the taking of special measures to fully guarantee the right to personal security, adequate protection against unjustified arrest and detention, the right of assembly and demonstration for trade union purposes, and the protection of trade union premises and property.
  56. 56 With regard to the allegations concerning the murders of and attacks against trade union leaders, trade unionists and workers, the Committee deeply deplores the loss of human life and the injuries sustained by individuals mentioned in the complaints. The Committee draws to the attention of the Government the importance of a prompt and independent legal investigation of the alleged cases of death, assault and ill-treatment, with a view to elucidating the facts in full, to identifying the persons responsible and to taking proceedings against them. The Committee requests the Government to keep it informed of the outcome of its investigations.
  57. 57 In view of the fact that some of the murders and attacks were committed by armed civilians and of the fact that the allegations include references to the disappearance of trade unionists, the exile of trade union leaders and numerous death threats, the Committee particularly emphasises the need to adopt effective measures to guarantee the personal security of those who have the closest links with the trade union movement. Such measures would include, firstly, investigations to establish the whereabouts and condition of persons who have disappeared. The Committee also requests the Government to keep it informed of developments in this respect.
  58. 58 As regards the trade union leaders, trade unionists and workers alleged by the complainants to have been arrested, without giving more detailed information on the circumstances, the Committee can only state, as it is not aware of the reasons for the arrests and the present situation of those concerned, that governments should ensure that any person arrested is treated in accordance with the normal procedures and that his case is dealt with promptly, and would add that the arrest of trade unionists against whom no grounds for conviction are subsequently found is liable to involve restrictions of trade union rights and may constitute serious interference in trade union activities.
  59. 59 The Committee notes, however, that in other cases the complainants indicated in detail the circumstances of the arrests, showing plainly that membership of a trade union or involvement in its activities had played a decisive role. With regard to these arrests, in addition to stressing the principles expressed in the preceding paragraph, the Committee asks the Government to take measures to secure the release of all those arrested owing to their membership of a trade union or to activities on its behalf which are generally considered legitimate.
  60. 60 The Committee also requests that the Government state the reasons for and circumstances of each arrest mentioned by the complainants, and also to report on the present situation of the persons arrested.
  61. 61 As regards the Draft Labour Code which was due to come into force on 1 May 1980, the provisions of which were alleged by one of the complainants not to be in conformity with the international Conventions on freedom of association, the Committee considers that, as the Code has not yet entered into force and according to information at the Committee's disposal that it will not be approved, this aspect of the case does not call for further examination. Nevertheless, noting that the Committee of Experts on the Application of Conventions and Recommendations has for many years now referred to significant differences between Guatemalan legislation and Convention No. 87, the Committee would request the Committee of Experts to continue to pay particular attention to the need for changes in Guatemalan legislation relating to freedom of association.
  62. 62 As regards the activities aimed at destroying the trade unions, which resulted in the CWT losing 21 of its 56 affiliated organisations, the Committee draws the attention of the Government to the fact that, in accordance with Article 2 of Convention No. 98, workers' and employers' organisations should enjoy adequate protection against any interference in one another's activities.
  63. 63 Finally, the Committee notes that, according to the complainants, no effect has yet been given to the legal decision ordering the reinstatement of the 28 EGSA workers who were dismissed in April 1980 after the trade union made an appeal to the labour court for a ruling ordering the continuation of discussions concerning the renewal of the collective agreement which they bad obtained. The Committee draws the attention of the Government to the fact that Article 1 of Convention No. 98 provides for protection against any act calculated to cause the dismissal of a worker by reason of his union membership or his participation in its activities. The Committee therefore requests the Government to take measures to ensure that the court decision on the reinstatement is given effect accordingly and to report to the Committee on the matter.

The Committee's recommendations

• Recommendations of the Committee
  64. 64 In these circumstances, the Committee recommends to the Governing Body to approve the present interim report, and in particular the following conclusions:
• The Committee keenly regrets that the Government has not sent its observations, despite requests and urgent appeals by the Committee, the urgent appeal of the Director-General and the appeal made by the Chairman of the Committee during the last International Labour Conference.
• The Committee again reminds the Government that the purpose of the procedure for the examination of complaints submitted to the Committee is to promote respect for trade union rights both "de jure" and "de facto", and that whereas the procedure protects governments against unreasonable accusations, the governments in turn must recognise the importance of sending detailed replies to the allegations in order to make possible an objective appraisal of their contents. The Committee considers in this regard that the cooperation of governments in efforts to obtain a detailed understanding of the matters referred to the Committee by the complainants is essential to promote full respect for trade union rights and the normal development of the trade union movement.
• The Committee is extremely concerned at the seriousness of the allegations: murders, violent physical attacks on a large number of trade union leaders, trade unionists and workers, arrests and disappearances of persons linked to the trade union movement, threats, violations of the right to strike, violent interference in trade union meetings, the occupation of trade union premises, attacks on trade union property and dismissals of individuals owing to their membership of or involvement in trade union activities.
• The Committee again draws the attention of the Government to the fact that a free and independent trade union movement can only develop under a regime which respects and guarantees fundamental human rights. The Committee therefore asks the Government to adopt a policy for the taking of special measures to fully guarantee the right to personal security, adequate protection against unjustified arrest and detention, the right of assembly and demonstration for trade union purposes, and the protection of trade union premises and property.
• The Committee deeply deplores the numerous losses of human life and the injuries and ill-treatment suffered by those mentioned in the complaints. The Committee draws to the attention of the Government the importance of a prompt and independent investigation of the alleged cases of death, assault and ill-treatment, with a view to elucidating the facts in full, to identifying the persons responsible and instituting proceedings against them. The Committee requests the Government to keep it informed of the outcome of its investigations.
• The Committee asks the Government to inquire into the whereabouts and condition of the persons who have disappeared and to keep it informed of developments.
• The Committee recalls that governments should ensure that any person arrested is treated in accordance with the normal procedures and that his case is dealt with promptly, and would add that the arrest of trade unionists against whom no subsequent grounds for conviction are found is liable to involve restrictions of trade union rights and may constitute serious interference in trade union activities.
• The Committee asks the Government to take measures to secure the release of all those arrested owing to their membership of a trade union or involvement in trade union activities generally considered legitimate, and requests it to state the reasons for and circumstances of each arrest mentioned by the complainants, and also to report on the present condition of the persons arrested.
• The Committee would request the Committee of Experts on the Application of Conventions and Recommendations to continue to pay particular attention to the need for changes in Guatemalan legislation relating to freedom of association.
• The Committee draws to the attention of the Government that, in accordance with Article 2 of Convention No. 98, workers' and employers' organisations should enjoy adequate protection against any interference in one another's activities.
• The Committee draws to the attention of the Government that Article 1 of Convention No, 98 makes provision for protection against any act calculated to cause the dismissal of a worker by reason of his union membership or his participation in trade union activities. The Committee therefore requests the Government to take measures to ensure that the court decision ordering the reinstatement of the 28 EGSA workers dismissed in April 1960 is enforced, and to report to the Committee on the matter.
  65. 65 Finally, the Committee recommends that the Governing Body decide to give to this report the widest possible distribution.
• Geneva, 13 November 1981. (Signed) Roberto AGO, Chairman.