Rapport intérimaire - Rapport No. 278, Juin 1991

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

1. 400. The complaint submitted by the World Confederation of Organisations of the Teaching Profession (WCOTP) is contained in a communication dated 25 June 1990.
2. 401. Since the Committee had not received observations from the Government on the allegations presented in this complaint, it twice had to adjourn its examination of this case, most recently at its February-March 1991 meeting when it noted that, in spite of the time which had elapsed since the presentation of the complaint and the seriousness of the allegations contained therein, the Government had not transmitted the observations or information which had been requested. The Committee therefore drew the Government's attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of the Committee's 127th Report, approved by the Governing Body at its 184th Session (November 1971), it would examine the substance of the case at its next meeting even if the observations or information requested from the Government had not been received in due time. (See 277th Report, para. 11, approved by the Governing Body at its 249th Session (February-March 1991).)
3. 402. Since then, the Government has not furnished any information or observation concerning this complaint.
4. 403. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 404. In its communication of 25 June 1990 the WCOTP states that its affiliate in Guatemala, the Guatemalan Education Workers' Trade Union (STEG) denounces the serious deterioration of the trade union rights of teachers in that country, owing to acts of intimidation and repression and limitations on the right to strike which have tended to hinder the normal exercise of trade union activities.
2. 405. The WCOTP states that on 29 May 1989, the STEG organised a teachers' strike which lasted until 17 August 1989. The trade union's demands included:
   • - an across-the-board increase in wages of approximately 80 dollars;
   • - the readjustment of wages in line with the cost of living;
   • - the extension to non-teaching staff of all benefits enjoyed by teachers, in accordance with legal provisions;
   • - the integration of wage bonuses in the basic wage, in order to guarantee their payment;
   • - a review of the national curriculum by independent university professors, in consultation with teachers and parents;
   • - the provision of suitable resources and teaching materials for primary and secondary schools. To date, the Ministry of Education has not addressed this problem;
   • - an end to the corruption within the Ministry of Education, which has reached such a point that officials of this Ministry sell teaching posts and teachers looking for a position are required to join the Government's party.
3. 406. The WCOTP states that the strike was well followed at all levels by teachers, university staff, students, other trade unions and several popular movements. In spite of the STEG's relatively small number of members, some 42,000 workers supported the strike. Nevertheless, the Government's reaction to the strike was to adopt repressive measures against teachers and against those who had joined this industrial action. For example, five students were murdered and seven others, who were arrested, have not been seen since; also, several trade unionists belonging to the Coca Cola Company trade union, who had supported the STEG, were arrested. In addition to these reprisals, the Government completely ignored all the STEG's claims. The situation of the trade union and that of its members has continued to deteriorate. In October 1989 one of its members was kidnapped by an anonymous group of individuals, and his body was found eight days later showing signs of torture and a fatal bullet wound from point-blank range.
4. 407. The WCOTP communication adds that in spite of the Government's promise to raise wages in 1990, it has not yet done so. On the contrary, the Government punished teachers by withholding 50 per cent of their wages for October and requiring them to work in November, which is normally a vacation month in Guatemala.
   • Other measures of repression by the Government include:
     • - the replacement of school directors and education administrators with government "inspectors", with a view to ensuring a strict oversight of teachers;
     • - the dismissal of teachers and education administrators;
     • - a wide range of measures by the Government party aimed at promoting anti-trade union sentiments within local communities;
     • - the closing down of schools;
     • - restrictions to the freedom of association of teachers.
   • The above-mentioned government "inspectors" were supposed to have been qualified staff, but it turns out that they were no more than "apprentices". The method used by the Government to promote anti-teacher sentiment in local communities was particularly "vindictive". Anti-trade union sentiments were sown and stimulated both during and after the strike, and parents were persuaded not to welcome back teachers to the community after the strike. This caused a large number of confrontations since the Government was unable to transfer to other positions teachers who had been rejected by their own communities. This led to the dismissal of many teachers and the closing down of some schools.
5. 408. In addition, the Government is allegedly seeking to limit the trade union rights of teachers through legislation which would effectively restrict their freedom of association. The Bill in question, which has come before the Congress for a second time, would confine organisations of teachers to occupational goals and objectives, and therefore constitutes a direct threat to the STEG.
6. 409. In its communication the WCOTP denounces the intimidation and repression against STEG members and leaders both during and after the strike. It refers to a particularly brutal incident in which a STEG member was detained by the G2 (secret police): the victim's hands and feet were tied and he was dragged by a car for over two kilometres. The police then took him to a building where STEG leaders were meeting and threw his near lifeless body before them as a warning against continuing their trade union activities. Several leaders of the STEG and of an association of teachers of adult education have received threats to their lives by phone and by mail. After the strike, two trade unionists were invited to recount their experiences in a university in San Francisco, United States. They gave a detailed presentation of the repressive activities carried out by the Government's security forces. Upon returning to Guatemala in December 1989, one of these trade unionists had his car stolen and when he finally reached his home, he received a telephone call informing him that he had 72 hours to leave the country for the crime of being a trade unionist. His colleague's home was surrounded by vehicles with tinted windows and without registration plates. This siege continued until he eventually received an anonymous letter which contained threats similar to those received by his colleague. Both trade unionists left Guatemala in January 1990 and have found refuge in Canada.
7. 410. The communication states that since this incident the level of repression has intensified. On 6 December 1989 a member of the STEG was abducted from his school by persons travelling in a vehicle without registration plates, after having been mistreated in front of his family. He has not been seen since. The trade union is collecting funds for this case, as well as for other similar cases. Although letters requesting assistance have been addressed to the President of the Republic, there has been no news of this teacher. In a separate incident, the trade union's treasurer received threats from the military garrison in his town for having participated with church organisations in preventing the conscription of young people aged 16 and 17 years; the Minister of Education is avoiding all contact with the trade union, thus exposing this person's life to great danger. In similar cases, when a member of the trade union is working in particularly dangerous areas, the STEG has been confronted with the Government's refusal to authorise his transfer. In two other incidents, trade unionists have received threats to their lives unless they cease their trade union activities. One of these trade unionists, a member of the STEG central executive committee, is currently seeking asylum in Canada.
8. 411. The WCOTP also refers to the case of the STEG General Secretary, Mr. Werner Miranda Calderón, and to the facts which led to his leaving the country. On 13 May 1990 at 1 p.m., in a town in the region of San Marcos, a jeep with tinted windows and without registration plates approached the wife of Miranda Calderón, who was walking with a colleague. The persons in the jeep tried to abduct both women, but they managed to escape. Since then, the Calderón household has been the target of a series of intimidation tactics which include unregistered vehicles parked outside the house; unknown persons knocking at the door at night, etc. Mr. Miranda Calderón explained that similar tactics were being used against STEG premises. For example, surveillance by armed men and persons seeking entry into the premises under false pretences to inspect the same, etc. His exiled colleagues have warned Mr. Miranda Calderón to exercise great care since they believe that the army is intent on eliminating him owing to his trade union activities. The Government is concerned over the possible unification of all teachers within an organisation of trade unions and teachers' associations in which Mr. Calderón is a leader. Some trade union leaders and trade unionists have curtailed or abandoned their trade union activities owing to their fear of reprisals.

B. The Committee's conclusions

1. 412. The Committee recalls that at its last meeting in February 1991 it had drawn the attention of the Government to the fact that, in accordance with its procedural rules, it would present a report on the substance of the case even if the observations or information requested from the Government had not been received in due time. The Committee has still not received this information.
2. 413. In these circumstances, and before examining the substance of the case, the Committee considers it necessary to remind the Government of the considerations expressed in its First Report (para. 31), which it has repeated on several occasions, namely, that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact. If the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance for their own reputation of formulating, so as to allow objective examination, detailed replies to the allegations brought against them.
3. 414. The Committee deplores the fact that the Government has not sent any reply to this complaint; owing to the time which has elapsed and the seriousness of the allegations, the Committee is obliged to examine the case without the benefit of the Government's observations.
4. 415. The Committee notes with deep concern that the allegations in this case concern serious acts of repression and intimidation, including the murder and disappearance of trade unionists belonging to organisations of teachers and other organisations, threats to the lives of trade union leaders, reprisals against the STEG and other trade union organisations for having called a strike on 29 August 1989 in support of occupational and wage demands, and a Bill which, if approved, would effectively limit the trade union rights of the STEG.
5. 416. As regards the murder and disappearance of teachers belonging to the STEG (October 1989, 6 December 1989) and the murder of five students who had joined the strike called by the teachers' trade union, the Committee deeply deplores these murders and recalls that a climate of violence which leads to the murder or disappearance of trade union leaders represents a serious obstacle to the exercise of trade union rights; such actions call for severe measures by the authorities, including the institution of independent judicial investigations aimed at clarifying the facts and the circumstances in which such murders and disappearances took place, identifying and punishing those responsible and preventing a recurrence of such acts. Consequently, the Committee requests the Government to inform it, as soon as possible, of whether inquiries have been opened into these facts and, if so, of the outcome of the same. Likewise, it requests the complainant to provide detailed information on the identity of the victims and the circumstances in which these events occurred.
6. 417. As regards the threats to the lives of, and other serious forms of intimidation against STEG trade union leaders, including the trade union's General Secretary, Mr. Werner Miranda Calderón, by unknown armed persons in vehicles without registration plates, and the particularly serious incident in which a member of the trade union was allegedly abducted by members of the secret police and subjected to inhumane treatment, the Committee deeply deplores this type of practice. It reiterates the principle that a truly free and independent trade union movement can only develop in the context of respect for fundamental human rights. (See 235th Report of the Committee, Case No. 1269 (El Salvador), para. 537.) The Committee urges the Government immediately to adopt appropriate measures to prevent all kinds of threats and psychological intimidation against the trade unionists and trade union leaders who have been affected by these serious events. Likewise, it requests the Government to state whether inquiries in this connection have been undertaken and, if so, to indicate the outcome of the same.
7. 418. As regards the arrest of trade unionist teachers who participated in the May-August 1989 strike, the Committee has always considered that the right of workers and their organisations to strike is one of the essential means available to them to promote and defend their occupational interests. (See, 236th Report of the Committee, Case No. 1288 (Dominican Republic), para. 682.) The Committee requests the Government to inform it whether the trade unionists who were arrested have been released and whether judicial proceedings have been instituted against them.
8. 419. As for the anti-union discrimination against the strikers (such as the dismissal of teachers and the financial sanctions imposed on them), the Committee requests the Government to send its observations on these allegations and, in particular, to indicate whether the dismissed teachers have been reinstated.
9. 420. As regards the allegations concerning a draft Bill on national education, the Committee notes that the Government indicated in the context of Case No. 1512 examined elsewhere in this report that the Bill was adopted on 9 January 1991. It requests the Government to send it a copy of this legislation.

The Committee's recommendations

1. 421. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a)The Committee deplores the fact that the Government has sent no reply concerning the complaint presented by the World Confederation of Organisations of the Teaching Profession in June 1990, in spite of repeated requests that it do so.
   • (b)As regards the murder and disappearance of teachers belonging to the STEG (October 1989 and 6 December 1989) and the murder of five students who participated in the strike called by the teachers' trade union, the Committee deeply deplores these murders and requests the Government to state, as soon as possible, whether inquiries have been opened into these events, and, if so, to indicate the outcome of the same; likewise, it requests the complainant organisation to provide detailed information on the identity of the victims and the circumstances surrounding these murders and disappearances.
   • (c)Concerning threats to the lives of, and other serious forms of intimidation against STEG trade union leaders, including the trade union's General Secretary, Mr. Werner Miranda Calderón, by unknown armed persons in vehicles without registration plates, and the particularly serious incident in which a member of the trade union was allegedly abducted by members of the secret police and subjected to inhumane treatment, the Committee deplores this type of practice, and urges the Government to adopt suitable measures as soon as possible to prevent any kind of threat of psychological intimidation against trade union leaders and trade union members affected by these serious events. Likewise, it requests the Government to state whether inquiries have been opened into these serious allegations, and if so, to indicate the outcome of the same.
   • (d)As regards the arrest of trade unionist teachers who participated in the May-August 1989 strike, the Committee draws the Government's attention to the principle according to which the right of workers and their organisations to strike constitutes one of the essential means available to them to promote and defend their occupational interests. It requests the Government to indicate whether the trade unionists who were arrested have been released and whether judicial proceedings have been instituted against them.
   • (e)As regards the anti-union discrimination inflicted on the strikers (such as the dismissal of teachers and the financial sanctions imposed on them), the Committee requests the Government to supply its observations on these allegations and, in particular, to indicate whether the dismissed teachers have been reinstated.
   • (f)The Committee requests the Government to send it a copy of the Act on national education adopted on 9 January 1991.