Rapport intérimaire - Rapport No. 244, Juin 1986

Cas no 1195 (Guatemala) - Date de la plainte: 18-AVR. -83 - Clos

258. The Committee examined Cases Nos. 1176, 1195 and 1215 at its November 1984, May 1985 and November 1985 meetings and, on these occasions, submitted an interim report to the Governing Body. (See 236th Report, paras. 401 to 402, 239th Report, paras. 210 to 225 and 241st Report, paras. 495 to 521, approved by the Governing Body at its 228th Session (November 1984), 230th Session (May-June 1985) and 231st Session (November 1985), respectively.) The Committee also examined Case No. 1195 at an earlier meeting. (See 230th Report, paras. 289-699, approved by the Governing Body at its 224th Session (November 1983.)

1. 258. The Committee examined Cases Nos. 1176, 1195 and 1215 at its November 1984, May 1985 and November 1985 meetings and, on these occasions, submitted an interim report to the Governing Body. (See 236th Report, paras. 401 to 402, 239th Report, paras. 210 to 225 and 241st Report, paras. 495 to 521, approved by the Governing Body at its 228th Session (November 1984), 230th Session (May-June 1985) and 231st Session (November 1985), respectively.) The Committee also examined Case No. 1195 at an earlier meeting. (See 230th Report, paras. 289-699, approved by the Governing Body at its 224th Session (November 1983.)
2. 259. At its meetings in February and November 1985, the Committee examined Case No. 1262 and, on both occasions, submitted an interim report to the Governing Body. (See 238th Report, paras. 269-281, approved by the Governing Body at its 229th Session (February-March 1985) and the above-mentioned 241st Report.)
3. 260. The Committee recalls that the cases pending concern the detention, kidnapping, assault or assassination of trade union leaders and other persons connected with the trade union movement whose whereabouts in several cases is still unknown, as some allegations date from January 1983.
4. 261. When it last examined these cases, the Committee, in its recommendations, requested the Government to take various measures, to carry out investigations to elucidate the facts, and to supply the information still lacking.
5. 262. In spite of these requests, the Government has not sent a reply concerning these cases; at its February 1986 meeting (see 243rd Report, para. 10, approved by the Governing Body at its 232nd Session, March 1986), the Committee therefore addressed an urgent appeal to the Government requesting it to send the required information and drew its attention to the fact that, in conformity with the procedural rules set out in paragraph 17 of the Committee's 127th Report, approved by the Governing Body, it may present a report at its next meeting on the substance of these cases even if the Government's observations have not been received at that date. Since then, no reply has been received from the Government.
6. 263. 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. 264. When the Committee examined Cases Nos. 1176, 1195, 1215 and 1262 at its meeting in November 1985, it made the following recommendations regarding the allegations still pending (see 241st Report, para. 521): "
   • a)The Committee recalls in general terms that when a climate of violence prevails in a country, this renders the exercise of trade union rights practically impossible and also recalls that the absence of civil liberties removes all meaning from the concept of trade union rights, and that the rights conferred on workers' and employers' organisations must be based on respect for those civil liberties.
   • b) The Committee expresses its profound concern at the seriousness of the situation in which a large number of trade union leaders and members have been assassinated or have disappeared, particularly since some of the allegations date back several years and there is no sign of any improvement in the situation or of the facts being elucidated.
   • c) The Committee urges the Government once again to do its utmost to ensure that the investigations under way result in the establishment of the whereabouts of the trade union leaders and members listed in the annex to this report as having disappeared. The Committee requests the Government to ensure that these investigations cover all the trade unionists listed as having disappeared who have been cited by the complainants and to inform it of the outcome.
   • d) With respect to the trade union leaders and members who have been assassinated or have suffered serious physical harm, the Committee notes that inquiries are being carried out by the administrative authorities. It urges the Government to carry out judicial inquiries in order to elucidate the facts in full, determine responsibilities and punish the guilty parties. The Committee requests the Government to keep it informed of the outcome.
   • e) With respect to the alleged closing down of operations at the Universal Textiles Factory in order to destroy the trade union, the Committee requests the Government to indicate the grounds for closing down operations at the factory.
   • f) Lastly, the Committee observes that the Government has not replied to the alleged attack on the headquarters of the San Carlos University Workers' Union by National Army troops, and the serious damage caused and the seizing of trade union documents. The Committee requests the Government to send its observations on the matter."

B. New allegations

1. 265. In communications dated 16 October 1985 and 6 January 1986, one of the complainant organisations, the Autonomous Trade Union Federation of Guatemala (FASGUA), alleges that the demonstrations held in August and September 1985 to protest against price increases and call for a rise in wages led, in view of the governmental authorities' indifference, to strikes throughout almost all the country. According to the complainants, security forces and government officials kept a constant watch on the strikes and threatened the strikers; however, although the strikes did not result in public employees receiving a wage increase, they resulted in an increase in their bonuses. The complainant organisation mentions that the strikers were penalised at work and that, following these events, the teacher José Francisco Gonzales Moya was arrested at the home of his parents by five armed men and has since disappeared. It is pointed out that this teacher is a member of a teachers' trade union, the "National Council of National Education", which groups teachers of all levels throughout the country and was set up in September 1985. FASGUA mentions that teachers' trade union organisations have been banned since 1954 and that, from this year onwards, trade unions have been set up but each time forced to dissolve because their leaders have been assassinated; at present, only one trade union continues to act on the teachers' behalf. The complainant organisation deplores the fact that, generally speaking, claims concerning wages and working conditions and strike action lay workers open to repressive measures taken by the state security forces and that many leaders, such as Mr. Moya, have suffered from these measures.
2. 266. In a further communication dated 17 February 1986, FASGUA states that the Financial Secretary of the Central Trade Union of Municipal Workers (SCTM) was kidnapped and held for several hours on 5 February last by armed men who subjected him to brutal treatment to try and make him give up his trade union functions. The trade union goes on to say that it is constantly intimidated by the municipal authorities, especially by the mayor of the capital and his armed guards, and that this even takes the form of murder; indeed, murders were recently committed two days after the trade union SCTM had denounced massive dismissals and unnecessary recruitments. FASGUA also alleges that workers from the municipality of Mixco are constantly harassed by the municipal authorities, especially by the mayor, Juan Guillermo Valdez, who has dismissed workers belonging to the trade union. According to FASGUA, the SCTM deposited its rules and constitutional documents one year ago in order to obtain the necessary authorisation to be recognised, but has still not been registered.

C. The Committee's conclusions

1. 267. The Committee notes that the allegations relate to a period before the change of regime in Guatemala. However, the new Government has failed to send the information requested by the Committee in the urgent appeal addressed to the Government at its February 1986 meeting.
2. 268. In its previous statements, the former Government had mentioned that a committee had been set up consisting of representatives of the Ministry of National Defence, the State Prosecutor's Office and the Ministry of the Interior, to determine the whereabouts of the persons listed as having disappeared, and that that committee had conducted a nation-wide investigation with the collaboration of the civilian and military authorities. The Committee stresses that the new Government should take all possible steps to ensure that the investigations conducted by that committee are successfully carried to a conclusion.
3. 269. The Committee recalls that the persons listed in parts A and B of the annex, who are trade union officials or trade unionists, are still missing, and that those listed in part C have allegedly been murdered or suffered physical harm. The Committee deplores the fact it has not received specific information on the fate of any of these persons and that it has not been provided with information on the administrative investigations previously mentioned by the Government which are taking place into the murders and serious physical assaults. However, the Committee stresses that, in cases of this kind, judicial inquiries should be carried out in order to elucidate the facts in full and to determine responsibilities; it requests the new Government to inform it of any such inquiries and of any sanctions that might be imposed on the guilty parties.
4. 270. The Committee recalls in general terms that a climate of violence, such as that in which trade union officials are murdered or disappear, seriously hinders the exercise of trade union rights; actions of this nature call for strong measures from the authorities. It also recalls, as did the International Labour Conference in its 1970 Resolution concerning trade union rights and their relation to civil liberties, that the absence of civil liberties removes all meaning from the concept of trade union rights and that the rights conferred on workers' and employers' organisations must be based on respect for those civil liberties. The Committee is of the opinion that the Government should aim at a return to normal trade union activities since it has ratified Conventions Nos. 87 and 98 and is under an obligation to apply them in full.
5. 271. As regards the trade union situation of teachers, the Committee especially draws the Government's attention to the wording of Article 2 of Convention No. 87, ratified by Guatemala, which stipulates that freedom of association should be enjoyed by "workers and employers, without distinction whatsoever", which implies not only workers in the private sector of the economy, but also public servants and officials in general. Consequently, teachers should have the opportunity to form occupational organisations in order to defend and promote their economic and social interests.
6. 272. The Committee considers that the Central Trade Union of Municipal Workers (SCTM) should be able to operate without any interference, pressure or threats of any kind from the municipal authorities. The Committee stresses that it is the Government's responsibility to ensure that this principle is respected. Furthermore, the Committee points out that this trade union has not yet received the authorisation it needs to be recognised legally, although it deposited the required documents, including its rules, one year ago. The Committee feels bound to recall that the formalities to set up a trade union should not be of such a nature as to hamper the freedom to form trade unions, nor be applied in such a way as to delay or prevent the setting up of these organisations. The Committee is of the opinion that the period of one year which has elapsed since the trade union rules were filed far exceeds the time needed by a registrar to ensure that all the legal formalities have been fulfilled before registering a new trade union organisation. This time lapse would seem to imply to the Committee that the procedure is tantamount to a requirement of previous authorisation, which is contrary to the principles of freedom of association. In view of the difficulties encountered by the SCTM, which might be due to the fact that it is not "recognised" as a trade union, the Committee stresses that, if this organisation has fulfilled the necessary formalities and these are in accordance with the law, it should be registered as soon as possible.
7. 273. With respect to the alleged closing down of operations at the Universal Textiles Factory in order to destroy the trade union, the Committee recalls that the Government's previous statements did not refer specifically to the alleged anti-union nature of the closure of the factory.
8. 274. Lastly, the Committee observes that the Government has not replied to the alleged attack on the headquarters of the San Carlos University Workers' Union by National Army troops, the serious damage caused and the seizing of trade union documents.

The Committee's recommendations

1. 275. In these circumstances, and as far as these cases as a whole are concerned, the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • a) The Committee notes that the allegations relate to a period before the change of Government in Guatemala. The Committee expresses the firm hope that the new Government will send the information needed by the Committee to enable it to reach its conclusions in full knowledge of the facts.
   • b) The Committee hopes that the new Government will do its utmost to ensure that the investigations under way result in the establishment of the whereabouts of the trade union leaders and members listed in the annex to this report as having disappeared over a period of many years. The Committee stresses that these investigations should cover all the trade unionists who have been cited by the complainants as having disappeared and requests the Government to inform it of the outcome in the near future.
   • c) With respect to the alleged murder of trade union leaders and trade unionists or serious physical harm inflicted on them, the Committee considers that the investigations carried out by the administrative authorities should be conducted by the judicial authorities. The Committee therefore urges the new Government to ensure that judicial inquiries are carried out in order to elucidate the facts in full and determine responsibilities; it requests the Government to inform it of any such inquiries and of any sanctions that might be imposed on the guilty parties.
   • d) Generally speaking, a climate of violence makes it impossible to exercise trade union rights; such rights should also be based on respect for civil liberties. The Committee therefore requests the Government to ensure respect for civil liberties, which are vital for the exercise of trade union rights.
   • e) In accordance with Article 2 of Convention No. 87, teachers should, as in the case of other workers, enjoy trade union rights. The Committee urges the Government to ensure that this category of workers may legally set up trade union organisations.
   • f) The Committee recalls that the legal formalities for registering a trade union should not be of such a nature as to hamper the setting up of occupational organisations, nor be applied in such a way as to delay or prevent their establishment. The Committee stresses that the SCTM, which filed its rules one year ago, should be registered as soon as possible, if the legal formalities needed for this purpose have been fulfilled.
   • g) The Committee requests the Government to indicate the grounds for closing down operations at the Universal Textiles Factory a move which, according to the complainants, was intended to destroy the trade union.
   • h) The Committee once again requests the Government to send its observations on the alleged attack on the headquarters of the San Carlos University Workers' Union by National Army troops, the serious damage caused and the seizing of trade union documents.

Z. ANNEX

• LIST OF TRADE UNION LEADERS AND MEMBERS WHO HAVE DISAPPEARED OR BEEN
• ASSASSINATED FROM 1980 TO 1985
• A. Persons listed as having disappeared on whom the Committee has already
• requested information from the Government
  1. 1 Julián Revallorio (According to the ICFTU, the body of this trade union
• leader was discovered on 23 December 1983 and bore signs of torture.)
  2. 2 Raimundo Pérez
  3. 3 Yolanda Urizar de Aguilar
  4. 4 Manuel Francisco Contreras
  5. 5 José Luis Ramos
  6. 6 Luis Estrada
  7. 7 Victor Ascón
  8. 8 Lucrecia Orellana
  9. 9 Graciela Samayoa (and her two children)
  10. 10 Fermín Solano
  11. 11 Antonia Argüeta
  12. 12 Sergio Vinicio Samayoa Morales
  13. 13 Felicita Floridalma Lucero y Lucero
  14. 14 Valério Oscal
  15. 15 Cecilio Tojax Coj
  16. 16 José Guillermo Bran
  17. 17 Miguel Angel Gómez
  18. 18 José Luis Villagrán
  19. 19 José Guillermo García
  20. 20 Alejandro del Cid Hernández
  21. 21 Amancio Samuel Villatoro
  22. 22 Misquisidet Miranda
  23. 23 Sergio Menfredo Peltetón
  24. 24 Sergio Aldana Galván
  25. 25 Edgar Fernando García
  26. 26 Alfredo Qguilar Tzoc
  27. 27 Alejandro Hernández González
  28. 28 Otto René Estrada
  29. 29 Rubén Amilcar Farfán
  30. 30 Julio César Péres Gálvez (24 August 1980)
  31. 31 Ileana Minera (24 August l980)
  32. 32 Miguel Guerra Duarte (March 1981)
  33. 33 Abner Recinos Alfaro (11 August 1981)
  34. 34 Juan José Alvarado (24 December 1981)
  35. 35 Marta Lares Huitz (5 August 1982)
  36. 36 Carmen Yolanda Mayorga (10 August 1982)
  37. 37 Amanda de Díaz (27 September 1983)
  38. 38 Julio Carmeno (17 November 1983)
  39. 39 Alfonso Alvarado Plascenia (1 February 1983)
  40. 40 Victor Hugo Quintanilla and his wife (19 February 1983)
  41. 41 Jerónimo López Díaz (14 August 1983)
  42. 42 Edgar Morales Arias (13 January 1985)
  43. 43 Rita Josefina Pineda Aldana (4 September 1984)
• B. Persons whose disappearance has been alleged recently
  44. 44 Adalberto Juarez
  45. 45 José Ruiz
  46. 46 Juan Guerra Castro
  47. 47 Guillermo Turcios
  48. 48 Gustavo Adolfo Bejarano
  49. 49 Rafael Enrique Giron
  50. 50 Jordan Gilberto Salazar
  51. 51 Augusto Yach Ciriaco
  52. 52 Geronimo Alberto Moreno
  53. 53 Alfonso Molina Meridadeo
  54. 54 Julio Cesar Perez
  55. 55 Rosario Leal
  56. 56 Nery Robledo Espinoza
  57. 57 Edgar de la Crúz
• C. Persons who have been assassinated or seriously wounded
  58. 58 Máximo Vásquez Melgar (union leader assassinated on 5 May 1980)
  59. 59 Gabriel Gusmán (union leader assassinated on 5 November 1981)
  60. 60 Israel Rodriguez (union leader assassinated on 5 November 1981)
  61. 61 Dimitrius Fuentes Guzman (trade unionist assassinated on 5 November
  1981. 1981)
  62. 62 Julio Raúl Galito Ardón (trade union leader assassinated on 16 January
  1982. 1982)
  63. 63 Edgar López Figueroa (union leader assassinated on 16 January 1982)
  64. 64 Rubia Dorina García (trade unionist assassinated on 9 March 1982)
  65. 65 Joaquín Darío Sagastume (trade unionist assassinated on 5 August 1982)
  66. 66 Bicente Orodónez (trade unionist assassinated on 13 August 1983)
  67. 67 Marcelino Velásquez (trade unionist assassinated on 14 August 1983)
  68. 68 Santiago López Aguilar (trade unionist assassinated on 17 February 1984)
  69. 69 Alvaro René Sosa Ramos (former trade unionist who was the victim of an
• attempted kidnapping and received three bullet wounds on 13 March 1984)
  70. 70 Silvio Matricardi (union leader whose body was discovered on 16 March
  1984. 1984)
  71. 71 Carlos Humberto Carballo (trade unionist kidnapped, then found seriously
• injured on 17 January 1985)
  72. 72 Aurelio Coto Melgar (trade unionist whose body was discovered on 14
• March 1985)
  73. 73 Sebastián Quino Guarcas (union leader seriously wounded by government
• security forces on 23 May 1985)
  74. 74 Essaú Barrera Martínez (trade unionist assassinated on 1 September 1985)