Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 332, Novembre 2003

Cas no 2050 (Guatemala) - Date de la plainte: 14-SEPT.-99 - Clos

Effect given to the recommendations of the Committee and the Governing Body

1. 68. At its November 2002 meeting, the Committee formulated the following conclusions and recommendations on the pending questions [see 330th Report, paras. 88-99] and on the questions on which the Government had sent information since the previous examination of the case:
   • – with respect to the La Exacta farm, the Committee had requested the Government to ensure compliance with the court orders on reinstatement of the workers dismissed from the La Exacta farm;
   • – as regards the closure of Cardiz S.A. company following the establishment of a trade union in the company and the detention of the workers who remained on company premises to prevent the removal of company equipment, the Committee had asked the Government to send information about these allegations and, more precisely, about the reasons for closing the Cardiz S.A. company;
   • – the Committee notes that the Government has sent only vague information on the issues relating to the La Aurora (the National Zoological Park refuses to negotiate a new collective agreement with the trade union and has encouraged a solidarity association, pressuring workers to join this), and it requests the Government to send further information on these allegations.
2. 69. In a communication of 3 September 2003, the Government states, with regards to the La Exacta farm, that on 9 June 2003 a basic agreement was established to reach a friendly agreement to resolve the issue soon, signed by the president of COPREDEH and representatives of the workers who are injured parties, the Centre for Legal Action for Human Rights (CALDH) and the Trade Union of Workers of Guatemala (UNSITRAGUA). The relevant aspects of the agreement refer to the need to reach an agreement on financial compensation within a period not exceeding five months and to endeavour to establish other means of compensation that will benefit the families of the farm workers.
3. 70. With regard to the closure of the Cardiz S.A. company, the Government states that when the General Labour Inspectorate became involved, the company was on the point of closing down as its main international client had cancelled its buying and garment manufacture contracts. Subsequently, the company was obliged unilaterally to suspend all staff labour contracts. The General Labour Inspectorate sent the file to the relevant court for the penalty indicated to be imposed. The case is currently before the courts.
4. 71. With regard to the National Zoological Park, La Aurora, the Government states that between July 2000 and June 2002 seven files were opened and seven settlements were decided. The most recent file dates back to 2002 and, following this, no new requests for intervention have been received.
5. 72. The Committee notes the information sent by the Government with regard to the basic agreement established to reach a friendly agreement to resolve the issue soon with regard to the La Exacta and/or San Juan El Horizonte farm, the relevant aspects of which refer to the need to reach an agreement on financial compensation within a period not exceeding five months and to establish other means of compensation that will benefit the families of the farm workers. Given that the period of five months has nearly elapsed, the Committee requests the Government to keep it informed of developments and to specify whether the agreement mentioned includes the reinstatement of the workers who were dismissed, with regard to whom legal orders for reinstatement were issued.
6. 73. The Committee notes the information sent by the Government with regard to the reasons for the closure of the Cardiz S.A. company; i.e. that its main international client cancelled its buying and garment manufacture contracts, which led to the company being forced unilaterally to suspend all staff labour contracts. The Committee also notes that the case is currently before the courts and requests the Government to keep it informed of the outcome of the proceedings in progress.
7. 74. With regard to the National Zoological Park, La Aurora, the Committee notes that the Government refers to seven files and an equal number of settlements that took place between July 2000 and June 2002, that the most recent file dates back to 2002 and that no further requests for intervention were received following this. The Committee notes that the Government does not indicate whether this information relates to the allegations submitted, i.e. that the National Zoological Park, La Aurora, refuses to negotiate a new collective agreement with the trade union and has encouraged a solidarity association, pressuring workers to join it. The Committee requests the Government to provide clarifications on these issues.
8. 75. Moreover, the Committee regrets that the Government has sent no information on the issues that remained outstanding from the previous examination of the case and urges the Government to send the information and observations requested with regard to the following without delay:
   • – The Committee regrets that the Government has not sent its observations on the allegations concerning the kidnapping, assaults, and threats against the trade unionists of the Santa María de Lourdes farm, Walter Oswaldo Apen Ruiz and his family. The Committee requests the Government to send its observations on this allegation and to ensure that the safety of the trade union member, which has been threatened, is guaranteed;
   • – The Committee regrets that the Government has not sent information on the allegations relating to the murder of trade union members Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzales, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm. The Committee emphasizes once again the seriousness of the allegations and urges the Government to send information in this respect without delay;
   • – With regard to the murder of trade union member Baudillo Amado Cermeño Ramírez, the Committee requests the Government to send it a copy of the ruling handed down in this respect;
   • – With regard to the alleged threats against Miguel Angel Ochoa and Wilson Armelio Carreto López, the Committee notes the Government’s statement that these persons are not members of any trade union and that no complaints in respect of threats have been sent to the Attorney-General, and it invites the complainant organizations to send comments on these observations;
   • – With regard to the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee takes note that a negotiating committee has been set up for all the pending issues and observes that the suspension of trade union leave had been initially resolved but that the complainant organization has now alleged that it was suspended again on 26 July 2002. The Committee stresses the importance of complying with judicial rulings that prohibit dismissals without legal authorization, hopes that the negotiating committee can quickly find a solution to the dispute and requests the Government to keep it informed of progress in that committee;
   • – With regard to the allegations of dismissal of the founders of the trade union formed in 1997 in Hidrotecnia S.A., the Committee urges the Government to institute, without delay, an investigation into these allegations and to keep it informed of developments;
   • – With regard to the threats by the Bandegua company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement, the dismissals threatened and carried out by that company (25 dismissals at five farms), the Committee requests the Government to ensure that anti-union dismissals do not take place and to investigate the motives for the dismissals that have occurred, to ensure respect for the collective agreement and to keep it informed of developments in the situation;
   • – With regard to the Tanport S.A. company, the Committee requests the Government to inform it of the result of the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure;
   • – With regard to the Ace International S.A. assembly plant, the Committee requests the Government urgently to communicate the court rulings handed down on the serious allegations of discrimination and intimidation;
   • – Finally, the Committee requests the Government to send its observations on the new allegations, according to which the employer-controlled trade union SITRACOBSA (a fact admitted by the Government) opposed the decision of the Ministry of Labour to reactivate workers belonging to the legitimate trade union (SITECOBSA) of the Corporación Bananera S.A. company.
9. 76. The Committee has just received a communication from the Government dated 27 October 2003 replying to certain allegations presented recently by UNSITRAGUA. The Committee will examine this reply at its next meeting.