Rapport intérimaire - Rapport No. 304, Juin 1996

Cas no 1539 (Guatemala) - Date de la plainte: 25-JUIN -90 - Clos

Allegations: Deaths, disappearances and acts of anti-union discrimination

• Allegations: Deaths, disappearances and acts of anti-union discrimination
  304. 304 The Committee examined these cases at its meeting in June 1995 in the light of information obtained during the direct contacts mission which took place in Guatemala between 13 and 17 February 1995, and presented interim conclusions to the Governing Body (see 299th Report, paras. 398-427, as well as the subsequent mission report).
  305. 305 The Government sent new observations in communications dated 16 May and 22 September 1995, 15 February and 1 March 1996.
  306. 306 The IUF sent further information in a communication dated 4 July 1995 and the ICFTU in communications dated 5 July, 19 October and 12 December 1995.
  307. 307 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. 308. At its meeting of June 1995, the Committee made the following recommendations on the allegations pending (see 299th Report, para. 427):
   • - the Committee recalls the commitment made by the Attorney-General of the Republic to open investigations on all the cases presented to the Committee and requests the Government to keep it informed in this respect;
   • - regretting that it has not received all the information requested from the Government concerning the deaths and other alleged acts of violence, the Committee urges it to reply as a matter of urgency to the list of allegations contained in Annex I and to take the necessary measures to guarantee the safety of trade unionists under threat of death and to determine the whereabouts of those who have disappeared;
     • (the contents of Annex I are reproduced below):
     • Assassinations of trade unionists
   • - Tyron Francisco Segastume, Trade Union of Workers of the Coca-Cola bottling enterprise (STETCSA), in February 1990;
   • - Néstor René Osorio Sandoval, Trade Union of Electricity Workers (STINDE), in March 1990;
   • - Juan Tarax, trade union activist in the Sugar Enterprise of El Pilar (Retalhuen), in April 1990;
   • - José María Ixcuyat, peasant activist, in May 1990;
   • - Petronila Hernández Vasilio, secretary responsible for organization of the Trade Union of Independent Agricultural Workers of La Reformita (Moyuta, Jutiapa), in July 1990;
   • - Lilian Elizabeth Juárez Escobar, member of the special strike committee of the Trade Union of Workers of the Social Security Institute (STIGGS), in April 1991;
   • - Camilo Ajqui Gimon, member of the Council of Ethnic Communities;
   • - Rujunel Junam (CERJ), on 14 April 1991;
   • - Julio César Pérez (rural worker), on 13 July 1991; - Pedro Genoveno Escobar (rural worker), on 20 July 1991;
   • - Edwin Giovanni Hidalgo Jerez (member of STINDE), in August 1991;
   • - Adrián Miranda López, member of the Trade Union of the San Gregorio farm, murdered on 6 May 1993;
   • - Velizario López Rojas, Trade Union of Workers of the San Gregorio farm, on 30 October 1993;
   • - 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 Committee requested as a matter of urgency the opening of a judicial inquiry to clarify the facts and punish the guilty parties and for it to be kept informed of developments in this respect.
     • Disappearances, abductions, assaults and arrests of trade unionists
   • - the grenade attack on the home of Edgar Sánchez Velásquez (rural worker), and his subsequent arrest on 21 April 1990;
   • - the attempted abduction of Filiberto Ramírez (member of the Trade Union of Workers of the TIPIC S.A. enterprise), on 28 May 1990;
   • - the police repression of strikers at the Social Security Institute, STIGGS, on 11 February 1991;
   • - the physical assault of and the death threats against Ramón Jácome Pinto (General Secretary of the STIGGS), on 6 February 1991;
   • - the abduction and the 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;
   • - the armed attack against Fernando Lucero and Luis Ramírez (SITRACUDE activists), on 20 March 1991;
   • - the arrest of 50 leaders of the STIGGS strike in April 1991;
   • - the arrest, physical assault of and criminal proceedings against Otto Iván Rodríguez Vanegas (former General Secretary of STINDE), on 5 April 1991;
   • - the armed attack which seriously wounded Víctor Alfred Chacoj (member of the Road Transport Trade Union), in April 1991;
   • - 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;
   • - 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;
   • - the attempted abduction of Yolanda Figueroa (official of the Trade Union of Customs Officers), and her two daughters, on 21 June 1991;
   • - 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;
   • - the death threats and physical assault of Rosendo de León Dubón, official of the National Press Trade Union (SPN);
   • - the arrests of Silvio Pastor, Pablo Itzel Hernández, Teodoro Pastor Itzep, Rolando Pastor Hernández and Francisco Pastor Hernández (members of CERJ), on 24 and 26 May 1991;
   • - the abduction and subsequent disappearance of Felipe López Mendoza (member of CERJ), in June 1991;
   • - the physical attack against a member of FESINTROP, on 14 February 1991;
   • - the abduction of Mr. Edi Antonio Conde Lu, General Secretary of the Trade Union of Electricity and Energy Workers and secretary responsible for organization of the Confederation of Trade Union Unity of Guatemala (CUSG) on 8 September 1994; subsequently he was brutally beaten, threatened with death and had to flee the country;
   • - the disappearance of the trade unionist Gustavo Rosalio Vásquez López, in February 1992;
   • - the detention of members of the trade union at the Mahler y Sucesoras enterprise for more than six hours, inside the plant, where they were subjected to pressure and intimidation to make them sign documents and harassment (intimidation continued outside the enterprise);
   • - the abduction of Mr. Ernesto Bol, secretary responsible for records of the Trade Union of the Municipality of Coban (district of Alta Verapaz), on 15 July 1993. He was subsequently released, threatened and intimidated;
   • - Mr. Werner Coc Ramírez, a leader of the Bakers' Trade Union, who was savagely beaten in Ciudad Peronia (district of Villa Nueva) by persons who set upon him and criticized him for his trade union activities (15 July 1993);
   • - Mr. Walter Manuel Nájera Molina, member of the Trade Union of Workers of the Central Bottling (Coca-Cola) enterprise who was abducted, tortured, interrogated and subsequently released (11 July 1993);
   • - 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 attempted abduction of Mr. Pablo Mazariegos (SITRAEMSA trade unionist), on 3 December 1993;
   • - 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;
   • - the imprisonment of Mr. Rubén Terry Amézquita, General Secretary of the Trade Union of Workers of the state enterprise of Puerto de Quetzal.
   • - the Committee asks the Government to provide information on the dismissals and other acts of anti-union discrimination (indicating the steps taken by the national authorities) in the following enterprises or institutions: International Textile Corporation S.A., MK S.A., L&L S.A., Unicasa S.A., Welly S.A., Nueva California Farm, El Salto Farm, Bolivia Farm, Medellín Farm, Municipality of El Estor, La Mariposa Bottling Enterprise, Municipality of Coban, La Argentina Farm, COCAPSA and Agropecuaria Los Angeles S.A.;
   • - the Committee repeats its previous recommendations on some of the dismissals:
     • noting with interest the Government's statement that the Union of Peasant Workers of the La Patria farm and the enterprise have reached an agreement on the reinstatement of the dismissed workers in their jobs, the Committee requests the Government to transmit a copy of that agreement and to indicate whether these workers were indeed reinstated in their jobs (...). The Committee requests the Government to conduct an investigation into the alleged anti-union dismissals at the El Trapichito and El Naranjo farms and, should these dismissals be related to legitimate trade union activities, to ensure that the workers concerned are reinstated in their posts. It requests the Government to keep it informed in this respect. The Committee once again requests the Government to keep it informed of the decisions handed down in the legal proceedings concerning the dismissal of several trade union leaders of the Workers' Union of the San Juan de Dios Hospital and in the administrative procedures concerning the dismissal of the Secretary-General of the Trade Union of Bakers of Chiquimula, the dismissal of 20 members of the Trade Union of Shipping Workers of Santo Tomás de Castilla;
   • - the Committee requests the complainants to provide the details requested by the Government concerning the dismissals in Diseños y Maquilas S.A.;
   • - noting that the Government states, as regards the alleged surveillance of the IUF premises by persons unknown on 23 August 1993, that it has requested an inquiry be carried out by the Office of the Attorney-General, the Committee requests the Government to keep it informed in this respect;
   • - noting that the allegations concerning collective bargaining by the management of the National Committee for the Blind and Deaf Mutes of Guatemala and the Autonomous Sports Confederation of Guatemala are now before the judicial authorities, the Committee requests the Government to inform it of the outcome of these judicial proceedings.

B. The Government's replies

1. 309. In its communications of 16 May and 22 September 1995, 15 February and 1 March 1996, the Government sent an extensive report of the Presidential Committee for the Coordination of Executive Policy on Human Rights, prepared following the denunciations made to the Committee, which indicates - according to the Government - the almost total absence of denunciations to the competent national authorities and the lack of cooperation by the alleged victims in providing information (in this respect the Government refers to steps taken with regard to the persons concerned, related persons or trade unions to which they belonged). That being said, the Attorney-General of the Republic has ordered the necessary investigations to clarify each and every one of these cases. Information will be provided on the development of these investigations.
2. 310. As regards the alleged assassination of trade unionists, the Government provides the following information:
   • - Tyron Francisco Sagastume: the leaders of the trade union to which this trade unionist belonged have said that his death was not an act of reprisal against the trade union movement;
   • - Nestor René Osorio Sandoval: the Trade Union of Electricity Workers stated that Mr. Osorio was not at any time a member of the executive body of the trade union;
   • - Jan Tarax: an inquiry has been opened into his death; it has not been possible to establish whether he was a trade union activist;
   • - José María Ixcuyat: the Government requests further information from the complainants to enable it to carry out the respective inquiry;
   • - Petronilo Hernández Vasilio: in connection with these cases, the Government is gathering information with a view to clarifying these cases;
   • - Lilian Elizabeth Juárez Escobar: on 10 April 1991, whilst she was in a cafeteria drinking alcohol in the company of her son, aged 17, a disturbance broke out during which those present decided to leave. Mr. Isauro de Jesús Pacheco, in his capacity as a security official of the Aralva private police, proceeded to arrest her. After she tried to seize his revolver a struggle ensued during which the weapon went off. The officer in question was arrested and brought before the competent court;
   • - Camilo Ajqui Gimon: he was not a trade unionist; he has started a judicial proceeding, but there is no presumed suspect;
   • - Rujunel Junam: the Government provides no information;
   • - Julio César Pérez: the Government requests further information from the complainant organizations;
   • - Pedro Genovevo Escolar: the Government requests further information from the complainant organizations;
   • - Edwin Giovanni Hidalgo Jerez: the investigation continues;
   • - Adrián Miranda López: the Government is undertaking an investigation;
   • - Velizario López Rojas: the Government is undertaking an investigation;
   • - a worker at the La Patria Farm: the Government provides no information.
3. 311. As regards the allegations concerning disappearances, abductions, assaults and the arrest of trade unionists, the Government provides the following information: - the grenade attack on the home of Edgar Sánchez Velásquez and his subsequent arrest: in this case the national legal appeals have not been exhausted and no information has been obtained on the alleged events. Efforts will be made to continue the investigation;
   • - Filiberto Ramírez: no denunciation was made to the jurisdictional authorities. According to the chief of personnel of the enterprise, Mr. Ramírez was harassed by several persons because of activities in his private life but not as a result of his scant trade union activities; he had even had some personal disputes with some members of the trade union. Through the Embassy of Sweden he left the country as a political refugee;
   • - the police repression of strikers at the Social Security Institute on 11 February 1991: there was no such repression but only the presence of the police to guarantee the freedom to work; at no time was force used;
   • - the physical assault of and death threats against Mr. Jacomé Pinto in February 1991: Mr. Jacomé did not make a denunciation. The Government will endeavour to continue the inquiry;
   • - the abduction and physical assault of Aura Violeta Flores Acevedo: no denunciation was made. The persons interviewed provided no information on the events mentioned in the complaint to the ILO. Mrs. Flores did not suffer any injury. The Government will continue with the inquiry;
   • - the armed attacked against Fernando Lucero: no legal remedies were used. The Government continues to collect information to clarify the event;
   • - Mr. Luis Ramírez Juárez denounced to the national police that on 20 March 1991 persons unknown fired against the vehicle which he was driving; he suffered no personal injury;
   • - the arrest of STIGSS leaders during a strike in 1991: the police arrested persons who obstructed their attempts to free vehicles which had been illegally seized. These persons were brought before the respective magistrates court in February 1991 which concluded that they had committed an offence. They were released the same or the following day after payment of a fine;
   • - the arrest, physical assault of and criminal proceedings against Otto Iván Rodríguez Vanegas: officials of his trade union stated that he had received death threats and that he had gone into exile with assistance from the Embassy of Canada. He had made a denunciation to the national police. The Government continues to gather information to clarify the event;
   • - the armed attack against Víctor Alfredo Chacoj: the Government requests further information from the complainant;
   • - the attempted abduction of and death threats against Dora Arriaza: a denunciation was made to the national police in respect of death threats but the denunciation was abandoned when Mrs. Arriaza left the country through the intermediary of the Embassy of Canada;
   • - the abduction of Yolanda Figueroa: no denunciation was made; the attempted abduction was due to the holding of labour demonstrations;
   • - the abduction, death threats against and physical assault of Wosveli Castro: the Government is collecting information;
   • - the death threats against and physical assault of Rosendo de León Dubón: he was threatened and beaten by four persons dressed in civilian clothing; a formal denunciation was made; he decided to leave the country;
   • - the arrests of Silvio Pastor, Pablo Itzel Hernández, Teodoro Pastor Itzep, Rolando Pastor Hernández and Francisco Pastor Hernández: victims of unlawful arrests; proceedings were initiated against the responsible captain who was dismissed;
   • - the abduction and subsequent disappearance of Felipe López Mendoza: the Government is collecting information;
   • - the physical attack against a member of FESINTROP on 14 February 1991: the Government is gathering information;
   • - José Vidal Pamal Tuchán: representatives of his trade union stated that he was no longer working in the psychiatric hospital and they knew nothing about his alleged abduction and could provide no further information;
   • - the abduction of Mr. Edi Antonio Lu: he left the country and went into exile with the assistance of Embassy of Panama;
   • - the disappearance of Gustavo Rosalio Vásquez López: the legal remedies were not used. The Government is undertaking an investigation;
   • - the detention of members of the trade union at the Mahler y Sucesoras enterprise: after seven workers issued a summons against the enterprise, the board of the enterprise met with these persons on 12 March 1993. The meeting was held in the general manager's office in full view of all the administrative staff and during normal working hours. At no time were the mentioned persons prevented from leaving and at 3 p.m. the enterprise and the workers signed documents which confirmed that the problems had been resolved and that the workers had withdrawn their complaint;
   • - the abduction of and attack against Mr. Ernesto Bol: no denunciation was made. The Attorney-General is undertaking an investigation;
   • - the assault of Mr. Werner Coc Ramírez: no legal remedies were used. The Government continues to collect information to clarify the events;
   • - the abduction and torture of Walter Manuel Nájera Molina: his abduction is the subject of a case before the Criminal Court of the First Instance. Mr. Nájera was freed by his abductors. No one has been accused. Members of Mr. Nájera's trade union said that he was a rather problematic person and had personal problems since he maintained relations with a married woman;
   • - the death threats and abduction of members of the trade union of the ESDEE Maquiladora enterprise: the Government is gathering information;
   • - the attempted abduction of Mr. Pablo Mazariegos: no denunciation had been made because the victim was not sure who was responsible. He indicated that he has been subject to no recent persecution or threats;
   • - the capture and torture of Mr. Eligio Quej Morán: the Government is collecting information;
   • - the imprisonment of Mr. Rubén Terry Amézquita: he has left the country and gone into exile.
4. 312. As concerns the allegations with respect to anti-union discrimination and practices contrary to collective bargaining, the Government provided the following information:
   • - as concerns the collective dispute at the La Patria farm, a collective agreement providing for the reinstatement of the dismissed persons was signed with the mediation of the General Labour Inspectorate;
   • - Ernesto Bol was reinstated in his job;
   • - as concerns the attacks on Werner Coc Ramírez, the Government has asked for further information from the complainant about the place where this unionist works;
   • - as concerns the MK S.A. and L&L S.A. enterprises, the respective judges have not yet handed down their judgements;
   • - as concerns the refusal by the National Committee for the Blind and Deaf Mutes of Guatemala, the judicial proceedings have not yet been concluded;
   • - as concerns the Unicasa S.A. and Welly S.A. enterprises, the General Labour Inspectorate initiated a penal trial before the judicial authority which is still pending;
   • - the reinstatement of the workers on the El Salto farm continues to be discussed in the tribunals;
   • - as concerns the Bolivia farm, thanks to a commission made up of various authorities and established at the request of the Popular Workers' Federation, an agreement has been arrived at in which the parties withdrew the judicial action initiated;
   • - as concerns the alleged refusal to negotiate in the Los Angeles farm, a collective agreement was made on 9 October 1994 with the intervention of the General Labour Inspectorate;
   • - as concerns the La Argentina farm, no denunciations were presented;
   • - as concerns the Diseños y Maquilas S.A. enterprise, the industrial dispute was resolved with the making of a collective agreement.

C. Additional information from the IUF and the ICFTU

1. 313. In their communication of July 1995, the IUF and the ICFTU state that Mrs. Flor de María Salguero de Laparra, a trade unionist of the Trade Union Federation of Food, Agro-Industry and Related Workers (FESTRAS), a trade union organization in the maquila sector, received death threats in 1995; on 17 May 1995 she was abducted, drugged, beaten and raped; after her release she received further intimidating telephone calls recalling the assault against her on 17 May.
2. 314. In its communications of July, October and December 1995, the ICFTU indicates that in the middle of March 1995, Mr. Alexander Yovany Gómez Virula, a leader of the trade union in the RCA enterprise, was assassinated. Mr. Ivo Adiño García Rivera, an official of the Trade Union of Electricity and Energy Workers was abducted and freed the following day after being submitted to severe psychological pressure and that these events were related to a work stoppage in August 1995. Furthermore, the ICFTU alleges the assassination of Mr. Eric Osberto Berganza Pacheco, an official of the Trade Union of Workers of the National Electrification Institute on 23 July 1995, which the trade union says was the result of his trade union activities. Further threats were also made against the trade unionist Débora Guzmán and against the child which she was expecting, to make her force her husband, Félix Hernández, an official of the Lunafil Trade Union, to leave the trade union. The ICFTU adds also that Mr. Ernesto Bol, an official of the Trade Union of the Workers of the City of Coban was severely beaten and insulted on 9 November 1995 by unknown people; furthermore it was not possible for him to be reinstated in his post even with the existence of a judicial order to this effect.
3. 315. Finally, the ICFTU alleges that in the Las Delicias farm, in Retalhuleu, which belongs to the Good Year S.A. Rubber Plantations multinational enterprise, attempts have been made for many years to destroy the Trade Union of Rubber Plantation Workers in the Las Delicias farm through radical anti-union measures designed to intimidate workers, such as the systematic dismissal of workers who were trade union members, violations of the fundamental right to engage in collective bargaining (the enterprise has appointed a group of non-unionized workers to represent all the workers) and the unacceptable measures of reprisal taken by the enterprise, such as the closing down of the school and clinic which depend on the enterprise and the recent refusal to pay wages for the last two months to unionized workers.

D. The Committee's conclusions

1. 316. The Committee notes the willingness of the Government to reply to all the allegations and the extensive report of the Presidential Commission for the Coordination of Executive Policy on Human Rights and observes that it contains some information on most of the pending allegations concerning deaths, disappearances, acts of violence against trade unionists and anti-union dismissals. The Committee notes that proceedings or investigations have been initiated concerning the death of the trade unionists Juan Tarax and Lilian Elizabeth Juárez Escobar (the responsible official was placed before the competent court), Camilo Ajqui Gimon (who the Government denies as a unionist), Adrián Miranda López and Velizario López Rojas, the arrests of the trade unionists Silvio Pastor, Pablo Itzel, Teodoro Pastor, Rolando Pastor and Francisco Pastor (which resulted in the dismissal of a captain), the abduction of Walter Nájera Molina (who was released), the disappearance of Gustavo Rosalio Vásquez López and the attacks against Ernesto Bol. However, the Committee deeply regrets that the information supplied by the Government gives no indication that significant progress has been made in the investigations of the numerous cases of alleged violence. The Committee therefore requests the Government to keep it informed in this regard. The Committee also notes the information from the Government categorically denying the alleged police repression of strikers at the Social Security Institute on 11 February 1991 (no force was used and the police presence was confined to guaranteeing freedom to work), and that the detention of officials of the STIGSS during a strike was for a short period and due to the unlawful seizure of vehicles, and that the guilty parties were fined by the magistrates court; the Government also denies that there has been any detention or arrest of trade unionists in the Mahler y Sucesoras enterprise on 12 March 1993 and states that there was only a meeting held during working time and which resulted in the signing of documents in an agreement reached between the parties on the existing labour dispute.
2. 317. The Committee notes that the Government requests clarification from the complainants on the following allegations: the death of Messrs. José María Incuyat, Julio César Pérez and Pedro Genovevo Escobar, the armed attack against Mr. Victor Alfredo Chacoj and the attacks against Werner Coc Ramírez. The Committee therefore requests the complainants to provide the information available to them on these allegations to enable the Government to reply.
3. 318. As regards the other allegations of deaths, disappearance or acts of violence against trade unionists, although the Committee notes that the Government states in some cases that no denunciations have been made, that the persons concerned were not trade union officials, that the events were not related to the trade union activities or functions of the victims or that the persons concerned have gone into exile abroad, the Committee emphasizes the need to open or continue investigations against those responsible for the offences committed (see the respective list in Annex I). In this respect, the Committee would like to reiterate the conclusions which it reached at its meeting in June 1995 (see 299th Report, paras. 406 and 407), which are reproduced below:
   • The Committee deeply deplores the many violent deaths of trade union officials and trade unionists, as well as the disappearances, abductions, arbitrary arrests, acts of aggression and death threats which have occurred since the presentation of the complaints (1990), and expresses its deep concern at the situation of impunity (only in one of the assassinations to which the Government refers does it appear that the authors have been identified) and insists on the absolute need to open judicial inquiries on all the cases before the Committee with a view to ascertaining the facts and punishing the guilty parties. In this connection, the Committee recalls the commitment made by the Attorney-General of the Republic to open inquiries on all the cases placed before the Committee and asks the Government to keep it informed in this respect.
   • Although it is aware of the difficult situation affecting Guatemala and of the Government's policy for the promotion of human rights, the Committee recalls that "the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against these organizations' leaders and members and that it is for governments to ensure that this principle is respected" (see 291st Report, Case No. 1700 (Nicaragua), para. 310, and 294th Report, Case No. 1761 (Colombia), para. 726). Furthermore, in the event of assaults on the physical or moral integrity (death threats) of individuals, the Committee believes that steps should be taken immediately to "institute an independent judicial inquiry with a view to clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts" (see 268th Report, Case No. 1341 (Paraguay), para. 378(e)). When judicial investigations into the murder and disappearance of trade unionists have not been successful the Committee considers it indispensable that measures be taken to identify, bring to trial and convict the guilty parties and points out that such a situation means that serious violations of trade union rights may occur in conditions of impunity for the guilty parties, which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights.
   • The Committee also requests the Government to send its observations on the assassinations, abductions and other allegations mentioned in the additional information from the IUF and the ICFTU in July, October and December 1995 and expresses its deep concern that new allegations have been made of assassinations and acts of violence against trade unionists in 1995.
4. 319. As concerns the pending allegations with respect to acts of anti-union discrimination and violations of the principle of collective bargaining, the Committee notes that the question of the reinstatement of dismissed workers for trade union reasons was resolved favourably in the La Patria farm, the Bolivia farm and also with respect to the unionist Ernesto Bol. Noting that the alleged acts of discrimination in the MK S.A., L&L S.A., Unicasa S.A., Welly S.A. and El Salto farm have been submitted to the judicial authority, the Committee regrets that these questions have not yet been resolved and hopes that the court judgements will rectify all proven anti-union discrimination. The Committee also notes that there have not been any denunciations of discriminatory acts in the La Argentina farm. As concerns the alleged practices contrary to collective bargaining, the Committee notes that, thanks to the intervention of the General Labour Inspectorate, a collective agreement has been made at the Los Angeles farm and that the Government reiterates that the National Committee for the Blind and Deaf Mutes of Guatemala's refusal to negotiate and the questions concerning the Autonomous Sports Confederation of Guatemala have been submitted to the judicial authorities. The Committee regrets to note that the Government has not sent information on some of the pending allegations concerning acts of anti-union discrimination, and therefore reiterates the recommendations which it made in this regard at its meeting of June 1995 (see 299th Report, para. 427(f), (g) and (j)). Finally, the Committee observes that the complainants have not provided the information requested on the allegations concerning dismissals in the Diseños y Maquilas S.A. enterprise and that the Government has recently indicated that the industrial dispute in this enterprise has been resolved with the making of a collective agreement.

The Committee's recommendations

1. 320. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As at its previous meeting, the Committee once again deeply regrets the violent deaths of trade union officials and trade unionists, as well as the disappearances, abductions, arbitrary arrests and assaults and expresses its deep concern at the situation of impunity (only in a few cases have the authors been identified) and insists on the absolute need for judicial inquiries to be opened on all cases pending before the Committee with a view to clarifying the facts and punishing the guilty parties. In this respect, the Committee recalls the commitment made by the Attorney-General of the Republic to open investigations on all the cases presented to the Committee and requests the Government to keep it informed in this respect. The Committee expresses its deep concern that new allegations have been made concerning assassinations and acts of violence against trade unionists in 1995.
   • (b) Although it takes notes of the efforts by the Government to provide information on the alleged deaths and other acts of violence, the Committee urges it to continue sending information on the investigations mentioned in its conclusions and on those concerning the list of allegations appearing in the annex and to take the necessary measures to determine the whereabouts of those who have disappeared. The Committee requests the Government to send its observations on the additional information presented by the IUF and the ICFTU in their communications of July, October and December 1995.
   • (c) The Committee requests the complainants to provide details on the allegations concerning the death of the trade unionists José María Incuyat, Julio César Pérez and Pedro Genovevo, the armed attack against the trade unionist Victor Alfredo Chacoj and the attacks against Werner Coc Ramírez.
   • (d) Regretting that the Government has not provided the information requested on some of the allegations pending concerning, inter alia, acts of anti-union discrimination, the Committee reiterates the recommendations which it made in this regard at its meeting in June 1995 and which are reproduced below:
     • - The Committee asks the Government to provide information on the dismissals and other acts of anti-union discrimination (indicating the steps taken by the national authorities) in the following enterprises or institutions: International Textile Corporation S.A., Nueva California farm, El Salto farm, Medellin farm, Municipality of El Estor, La Mariposa bottling enterprise, Municipality of Coban, and COCAPSA.
     • - The Committee requests the Government to conduct an investigation into the alleged anti-union dismissals at the El Trapichito and El Naranjo farms and, should these dismissals be related to legitimate trade union activities, to ensure that the workers concerned are reinstated in their posts. It requests the Government to keep it informed in this respect. The Committee once again requests the Government to keep it informed of the decisions handed down in the legal proceedings concerning the dismissal of several trade union leaders of the Workers' Union of the San Juan de Dios Hospital and in the administrative procedures concerning the dismissal of the Secretary-General of the Trade Union of Bakers of Chiquimula, the dismissal of 20 members of the Trade Union of Shipping Workers of Santo Tomás de Castilla.
     • - Noting that the Government states, as regards the alleged surveillance of the IUF premises by persons unknown on 23 August 1993, that it has requested an inquiry be carried out by the Office of the Attorney-General, the Committee requests the Government to keep it informed in this respect.

Z. Annex

• Allegations of acts of violence against trade unionists concerning which
• further information is requested from the Government
• Assassinations of trade unionists
  • - Tyron Francisco Segastume, Trade Union of Workers of the Coca-Cola bottling
• enterprise, (STETCSA), in February 1990;
  • - Néstor René Osorio Sandoval, Trade Union of Electricity Workers (STINDE), in
• March 1990;
  • - Petronila Hernández Vasilio, secretary responsible for organization of the
• Trade Union of Independent Agricultural Workers of La Reformita (Moyuta,
• Jutiapa), in July 1990;
  • - Rujunel Junam (CERJ), on 14 April 1991;
  • - Edwin Giovanni Hidalgo Jerez (member of STINDE), in August 1991;
  • - 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 Committee
• requested as a matter of urgency the opening of a judicial inquiry to clarify
• the facts and punish the guilty parties and for it to be kept informed of
• developments in this respect;
  • - Ivo Adiño García Rivera, leader of the Trade Union of Electricity and Energy
• Workers, in August 1995;
  • - Eric Osberto Berganza Pacheco, leader of STINDE, in July 1995.
• Disappearances, abductions, assaults and arrests of trade unionists
  • - the grenade attack on the home of Edgar Sánchez Velásquez (rural worker),
• and his subsequent arrest on 21 April 1990;
  • - the attempted abduction of Filiberto Ramírez (member of the Trade Union of
• Workers of the TIPIC S.A. enterprise), on 28 May 1990;
  • - the physical assault of and death threats against Ramon Jacomé Pinto
• (General Secretary of the STIGGS), on 6 February 1991;
  • - 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),
  21. on 21 March 1991;
      • - the armed attack against Fernando Lucero and Luis Ramírez (SITRACUDE
  22. activists), on 20 March 1991;
      • - the arrest, physical assault of and criminal proceedings against Otto Iván
  23. Rodríguez Vanegas (former General Secretary of STINDE), on 5 April 1991;
      • - the abduction and subsequent arrest of José Vidal Pamal Tuchán (General
  24. Secretary of the Trade Union of Workers of the Psychiatric Hospital), on 30
  1. May 1991;
     • - the attempted abduction and death threats which forced Dora Arriaza, leader
  2. of the Trade Union Federation of Public Employees (FENASTEG), into exile, on
  14. 14 May 1991;
      • - the attempted abduction of Yolanda Figueroa (official of the Trade Union of
  15. Customs Officers), and her two daughters, on 21 June 1991;
      • - the abduction, death threats and physical assault of Wosveli Castro, General
  16. Secretary of the Federation of Trade Unions in the Metal Trades (FETRAMEGUA),
  16. on 16 May 1991;
      • - the death threats and physical assault of Rosendo de León Dubón, official of
  17. the National Press Trade Union (STN);
      • - the abduction and subsequent disappearance of Felipe López Mendoza (member
  18. of CERJ), in June 1991;
      • - the physical attack against a member of FESINTROP, on 14 February 1991;
      • - the abduction of Mr. Edi Antonio Conde Lu, General Secretary of the Trade
  19. Union of Electricity and Energy Workers and secretary responsible for
• organization of the Confederation of Trade Union Unity of Guatemala (CUSG) on
  8. 8 September 1994; subsequently he was brutally beaten, threatened with death
• and had to flee the country;
  • - 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 attempted abduction of Mr. Pablo Mazariegos (SITRAEMSA trade unionist),
    3. on 3 December 1993;
  • - 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;
  • - the imprisonment of Mr. Rubén Terry Amézquita, General Secretary of the
• Trade Union of Workers of the state enterprise of Puerto de Quetzal;
  • - the abduction of Mrs. Flor de María Salguero de Laparra, trade unionist of
• FESTRAS who was assaulted, raped and threatened with death;
  • - threats against trade unionist Débora Guzmán in July 1995;
  • - physical aggression against trade unionist Ernesto Bol in November 1995.