Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 342, Juin 2006

Cas no 2298 (Guatemala) - Date de la plainte: 17-SEPT.-03 - Clos

Allegations: Death threats against four trade union leaders; according to the allegations, the President of the Republic announced that the enterprise would be closed, disregarding the fact that a collective dispute on conditions of work concerning the refusal by the enterprise to negotiate a new collective agreement was pending before the judicial authority; in addition, with the aim of weakening the workers’ movement and destroying the trade union, the enterprise decided to implement a voluntary retirement scheme for all the workers, but in fact the workers are being obliged to resign

539. The Committee examined this case at its November 2005 meeting and presented the Governing Body with an interim report [see 338th Report, paras. 870-890, approved by the Governing Body at its 294th Session (November 2005)].

1. 540. The Government sent additional observations in a communication dated 6 January 2006.
2. 541. 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 case

1. 542. When it last examined this case, the Committee made the following recommendations [see 338th Report, para. 890]:
2. (a) The Committee observes that the Government has not replied to the allegations concerning the death threats allegedly received by trade union leaders Julio César Montugar, Juan Carlos Aguilar, Francisco Velásquez and Agustín Sandoval Gómez, and that, according to the allegations, these cases have been referred to the competent authority. The Committee emphasizes the seriousness of these allegations and requests the Government to ensure that an independent inquiry is promptly carried out and to inform it of the outcome of such inquiry.
3. (b) Concerning the allegations regarding the Guatemalan Telecommunications Enterprise, the Committee regrets that the Government has not sent its observations on the allegations and urges it to do so without delay.
4. 543. With regard to the latter recommendation, the Committee observed that, according to the allegations, the President of the Republic announced that the enterprise would be closed, disregarding the fact that a collective dispute on conditions of work concerning the refusal by the enterprise to negotiate a new collective agreement was pending before the judicial authority. In addition, with the aim of weakening the workers’ movement and destroying the trade union, the enterprise decided to implement a voluntary retirement scheme for all the workers. In fact, however, the workers are being obliged to resign, with the payment of all their employment benefits (the complainants attach a circular in support of their allegations) and the legislation is being infringed since, once a collective dispute has been referred to the judicial authority, any termination of a contract requires court authorization. Moreover, the workers have received a promise that they will be rehired with different conditions and lower wages, and the enterprise is currently involved in a work stoppage without its having been authorized by any judicial authority [see 338th Report, para. 888].
5. B. The Government’s further observations
6. 544. In its communication dated 6 January 2006, the Government states that the Ministry of the Interior’s Special Public Prosecutor for Offences against Journalists and Trade Unionists stated that the file concerning Mr. Juan Carlos Aguilar was closed on 28 July 2004 when he withdrew his complaint; as to Mr. Agustín Sandoval Gómez, it was rejected on 3 August 2004, with no appeal being lodged with the competent body. Mr. Julio César Montugar and Mr. Francisco Velásquez did not institute legal proceedings regarding the alleged threats.
7. 545. With regard to the Guatemalan Telecommunications Enterprise (GUATEL), the Government recalls that, basically, according to the allegations, the President of the Republic announced in the national press that the enterprise was to be closed and that, despite the fact that it was involved in a collective dispute, it had decided to introduce a voluntary retirement scheme for all its employees so as to weaken the workers’ movement. The Government states that the collective dispute was examined by the Third Labour Court and that, given the decision taken on 15 April 2004 by the workers and the trade union involved in the collective dispute to drop the case following the conclusion of a conciliatory agreement satisfying their claims and the approval of the decision by the judicial authority, the case is now closed. The Government requests the Committee to close the case.

C. The Committee’s conclusions

1. 546. The Committee notes that the present case involves allegations of death threats against four trade union leaders, as well as the refusal by the Guatemalan Telecommunications Enterprise (GUATEL) to negotiate a new collective agreement, along with other anti-union practices such as the illegal introduction of a voluntary retirement scheme, despite the fact that, so long as the collective dispute is pending before the judicial authority, the latter’s authorization is required for any termination of an employment contract.
2. Allegations of death threats
3. 547. The Committee notes the Government’s statements regarding the allegations of death threats, according to which: (1) the file concerning Mr. Juan Carlos Aguilar was closed by the Ministry of the Interior’s Special Public Prosecutor for Offences against Journalists and Trade Unionists on 28 July 2004 when Mr. Aguilar withdrew his denunciation; (2) the case of Mr. Agustín Sandoval Gómez was rejected by the Special Public Prosecutor on 3 August 2004, with no appeal being lodged with the competent body; (3) Mr Julio César Montugar and Mr. Francisco Velásquez did not initiate any legal proceedings regarding the alleged threats.
4. 548. The Committee requests the Government to provide a copy of the text of the decision of the Special Public Prosecutor of 3 August 2004 to reject the complaint lodged by trade union official Mr. Agustín Sandoval regarding death threats, so that it may ascertain the reasons for the decision. The Committee also invites the complainant organizations to apprise trade union leaders Mr. Julio César Montugar and Mr. Francisco Velásquez of the importance of reporting the alleged death threats made against them to the Special Public Prosecutor so that the corresponding investigation may be carried out. The Committee recalls in general 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 the leaders and members of these organizations, and that it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 47].
5. Other allegations
6. 549. As to the allegations regarding the GUATEL, the Committee notes with interest that the trade union and the workers concluded an agreement with the enterprise and dropped the legal proceedings they had initiated.

The Committee's recommendations

1. 550. In light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to provide a copy of the text of the decision of the Special Public Prosecutor of 3 August 2004 to reject the complaint lodged by trade union official Mr. Agustín Sandoval regarding death threats, so that it may ascertain the reasons for the decision.
   • (b) The Committee also invites the complainant organizations to apprise trade union leaders Mr. Julio César Montugar and Mr. Francisco Velásquez of the importance of reporting the alleged death threats made against them to the Special Public Prosecutor so that the corresponding investigation may be carried out.