Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 294, Juin 1994

Cas no 1595 (Guatemala) - Date de la plainte: 05-JUIL.-91 - Clos

1. 572. The Committee examined this case at its November 1992 and March 1994 meetings and presented interim conclusions (see 284th and 292nd Reports, paras. 721-737 and 555-578, approved by the Governing Body at its 254th and 259th Sessions (November 1992 and March 1994, respectively)). The Government sent certain observations in a communication dated 21 March 1994.
2. 573. Guatemala has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 574. At the previous examination of the case by the Committee, there remained pending the following allegations for which the Government had not sent observations: the murder of a worker on 5 August 1989 during a labour dispute between the La Patria farm and the trade union; unlawful dismissals and the likely closure of the Fábrìca Pundù SA in an attempt to break up the trade union movement; the measures taken by the Sam Agliano and Don San in-bond "maquila" enterprise to obstruct the establishment of trade unions; the dismissal of all members of the Workers' Union of the El Trapichito farm; the dismissal of 55 members of the Workers' Union of the El Naranjo farm; the request for the withdrawal of the legal personality of the Workers' Union of the Compañía Centroamericana Administradora de Hoteles y Turismo SA (Hotel Ritz Continental) by the enterprise and its refusal to negotiate a collective agreement with the union; the attempts by the Unión, Bolívar, EGA, La Fé and Morena urban transport companies to obstruct the establishment of trade union organizations; and the dissolutions by municipal officials of the San Antonia Suchitepequez Municipal Workers' Union (See 292 Report, paragraph 576).
2. 575. The Committee further noted that the courts had been seized of the matters contained in the allegations respecting the dismissal of 40 workers who were members of the Union of Peasant Workers of La Patria Farm, the measures taken by the in-bond enterprises Manufaturera Integridad SA, Koram SA, Bocco & Cía. Ltda., Diseños Panamericanos SA and Confecciones Isabel SA to prevent the establishment of trade unions and the dissolution of the Trade Union of Municipal Workers of Villa Nueva and the dismissal of several officials of the executive committee of the Workers' Trade Union of the San Juan de Dios Hospital. The Committee requested the Government to keep it informed of the outcome of the judicial proceedings initiated in these cases. Similarly, certain questions mentioned in the allegations were the subject of administrative proceedings and the Committee asked to be kept informed of the administrative decisions in these matters (the dismissal of the General-Secretary 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 recognition of the legal personality of the Workers' Trade Union of the Ministry of the Interior) (see 292 Report, paragraphs 573 and 574).
3. 576. In these circumstances, the Committee made the following recommendations (see 292 Report, para. 578):
   • - The Committee once again requests the holding of a judicial inquiry into the death of a worker on 5 August 1989 during a labour dispute between the La Patria Farm and the trade union and to be informed of the outcome.
   • - The Committee deplores that the Government has not sent observations on a number of the allegations and urges it to speed up the processing of complaints by trade unions and to ensure fully and effectively the right of workers to set up organizations of their own choosing, to guarantee that no worker is the victim of acts of anti-trade union discrimination, such as dismissal, for trade union membership or legitimate trade union activities and to guarantee that no trade union organization is dissolved or deprived of its legal personality because of its trade union activities. The Committee also urges the Government to reply as a matter of urgency to the allegations on which it has not sent observations.
   • - The Committee requests the Government to keep it informed of the administrative or judicial decisions handed down on the many allegations to which the Government has referred and which have been placed before these bodies and hopes that these decisions will be issued without delay. the Committee also requests, if it is established that the dismissals were due to legitimate trade union activities that the workers in question be reinstated in their jobs.

B. The Government's reply

1. 577. In its communication of 21 March 1994 the Government sends the following observations:
   • - the Workers' Union of the Fábrìca Pundù SA: the enterprise has closed and all benefits legally owed to the workers have been paid;
   • - the Manufacturera Integridad SA, Koram SA, Bocco & Cía. Ltda., Diseños Panamericanos SA and Confecciones Isabel SA in-bond "maquila" enterprises: there are no trade unions at these enterprises, and there have been no procedures initiated for the recognition of trade unions there. The Ministry has organized an awareness campaign for employers at the in-bond "maquila" enterprises and has held a seminar to increase knowledge of their rights and obligations;
   • - the Sam Agliano and Don San in-bond enterprise has closed;
   • - the Workers' Union of the El Trapichito farm: there is no record of resignations or dismissals in the documentation concerning this trade union;
   • - the Workers' Union of the El Naranjo farm: there are no previous records of the allegations;
   • - the Union of Peasant Workers of the La Patria farm: the parties concluded an agreement which provides for the reinstatement of the dismissed workers;
   • - the Workers' Union of the Compañía Centroamericana Administradora de Hoteles y Turismo SA (Hotel Ritz Continental): the members of the union's executive committee presented a legal document dissolving the union in 1990, when 22 workers left the union;
   • - the San Antonio Suchitepequez Municipal Workers' Union: the legal personality of the trade union was recognized in August 1988;
   • - the Villa Nueva Municipal Workers' Union: the union has not been dissolved.

C. The Committee's conclusions

1. 578. The Committee observes that the allegations pending refer to the murder of a worker during a labour dispute, the dissolution or non-recognition of the legal personality of several trade unions, obstacles to the establishment of trade union organizations and acts of anti-trade union discrimination.
2. 579. The Committee once again deplores that the Government has not communicated its observations concerning the murder of a worker on 5 August 1989 during a labour dispute between the La Patria farm and the trade union, and requests that a judicial inquiry begin without delay to establish the facts and punish the guilty parties. The Committee requests to be kept informed of the developments in the investigation.
3. 580. As regards the allegations for which the Committee requested the Government to keep it informed of developments in the corresponding judicial proceedings, the Committee notes with interest that the Government mentions that the Union of Peasant Workers of the La Patria farm and the enterprise have reached an agreement which provides for the reinstatement of the dismissed workers. Similarly, the Committee notes that the Villa Nueva Municipal Workers' Union has not been dissolved, contrary to the complainants' allegation. The Committee requests the Government to transmit a copy of the agreement mentioned above and to indicate whether these workers were indeed reinstated in their jobs.
4. 581. As regards the allegations concerning measures taken to obstruct the creation of trade unions at the Manufacturera Integridad SA, Koram SA, Bocco & Cía. Ltda., Diseños Panamericanos SA, Confecciones Isabel SA and Sam Agliano and Don San in-bond "maquila" enterprises, the Committee notes that the Government states that the Sam Agliano and Don San enterprise has closed and that there are no trade unions at the other enterprises, nor have procedures been initiated for the recognition of trade unions there, and that the Ministry has organized an awareness campaign for the employers and has held a seminar on their rights and obligations. The Committee regrets to observe that the Government has not sent observations concerning the allegations of attempts to obstruct the establishment of trade union organizations at the Unión, Bolívar, EGA, la Fé and Morena urban transport companies. In these circumstances, the Committee emphasizes the importance it attaches to the fact that workers and employers should in practice be able to form and join organizations of their own choosing in full freedom (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 222), and requests the Government to take the measures necessary to ensure that in practice the workers of the 10 enterprises mentioned by the complainants can form trade unions and freely exercise their trade union rights. The Committee requests the Government to keep it informed of developments in the situation in these enterprises.
5. 582. As regards the legal proceedings concerning the dismissal of several trade union leaders of the executive committee of the Workers' Union of the San Juan de Dios Hospital and the administrative procedures concerning the dismissal of the General-Secretary 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 and the recognition of the legal personality of the Workers' Union of the Ministry of the Interior, the Committee, as it did during its previous examination of the case, requests the Government to keep it informed of the decisions handed down.
6. 583. As regards the allegations of dismissals at the Fábrìca Pundù SA, the Committee notes that according to the Government the enterprise has closed and the question of reinstatement is no longer relevant. As regards the dismissal of all the members of the Workers' Union of the El Trapichito farm and the dismissal of 55 members of the Workers' Union of the El Naranjo farm, the Committee notes that the Government states that there are no records of these allegations. Regretting that the Government has not provided any information to make it possible to determine whether these dismissals were anti-trade union in nature, the Committee points out to the Government that no one should be subjected to acts of anti-union discrimination for carrying out legitimate trade union activities and draws its attention to the fact that "protection against acts of anti-union discrimination should cover not only hiring and dismissal but also any discriminatory measures during employment, in particular transfers, downgrading and other acts that are prejudicial to the worker" (see Digest, op. cit., para. 544). In these circumstances, the Committee requests the Government to conduct an investigation into the alleged anti-union dismissals and, should these dismissals be related to legitimate trade union activities, ensure that the workers concerned are reinstated in their posts. It also requests the Goverment to keep it informed in this respect.
7. 584. As regards the allegations of requests for the dissolution of the San Antonio Suchitepequez Municipal Workers' Union, the Committee takes notes of the Government's statement that the union's legal personality was recognized in August 1988. Similarly, as regards the requests for the withdrawal of the legal personality of the Workers' Union of the Compañía Centroamericana Administradora de Hoteles y Turismo SA (Hotel Ritz Continental), the Committee takes note of the Government's statement that the unions' executive committee members presented an official document dissolving the union in 1990 after 22 workers had left the union. The Committee requests the complainant organizations to provide details on the reasons why, and circumstances in which, the resignation of workers took place and to provide a copy of the document of dissolution of the trade union.

The Committee's recommendations

1. 585. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Deploring the murder of a worker on 5 August 1989 during a labour dispute at the La Patria farm, the Committee once again requests that a judicial inquiry begin without delay so as to establish the facts and punish the guilty parties, and requests to be kept informed of the developments in the investigation.
   • (b) 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.
   • (c) Emphasizing the importance that it attaches to the fact that workers and employers should in practice be able to form and join organizations of their own choosing in full freedom, the Committee requests the Government to take the measures necessary to ensure that in practice the workers of the Manufacturera Integridad SA, Koram SA, Bocco & Cía Ltda., Diseños Panamericanos SA, Confecciones Isabel SA, and Unión, Bolívar, EGA, La Fé and la Morena urban transport companies can form trade unions and freely exercise their trade union rights. The Committee requests the Government to keep it informed of the developments in the situation in these enterprises.
   • (d) 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.
   • (e) 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, and the recognition of the legal personality of the Workers' Union of the Ministry of the Interior.
   • (f) Noting the Government's statement that the members of the executive committee of the Workers' Union of Hotel Ritz Continental have presented in 1990 an official document dissolving the union after 22 workers had left the union, the Committee requests the complainant organizations to provide details on the reasons why, and the circumstances in which, the resignation of the workers took place and to provide a copy of the document of dissolution of the trade union.