Rapport intérimaire - Rapport No. 359, Mars 2011

Cas no 2445 (Guatemala) - Date de la plainte: 31-AOÛT -05 - Clos

Allegations: Murders, threats and acts of violence against trade unionists and their families; anti-union dismissals and refusal by private enterprises or public institutions to comply with judicial reinstatement orders; harassment of trade unionists

1. 561. The Committee last examined this case at its March 2010 meeting and presented an interim report to the Governing Body [see 356th Report, paras 772–778, approved by the Governing Body at its 307th Session (March 2010)].
2. 562. The Government sent its observations in communications dated 24 May, 22 June, 2 July and 13 September 2010.
3. 563. 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. 564. At its March 2010 meeting the Committee made the following recommendations concerning the allegations presented by the complainant organization [see 356th Report, para. 778]:
   • (a) The Committee calls the Governing Body’s attention to the extreme seriousness and urgent nature of this case.
   • (b) The Committee deplores that the Government has only sent information regarding a small number of the allegations presented, as well as its lack of cooperation, despite the extreme gravity of some of the allegations.
   • (c) Recalling that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are respected, the Committee once again deplores the murder of the trade union officials Rolando Raquec and Luis Quinteros Chinchilla, and the attempt against the life of the trade unionist Marcos Alvarez Tzoc and the trade union official Imelda López de Sandoval, and once again strongly expresses it expectation that the Government will inform it as a matter of urgency of developments in the inquiries and proceedings currently under way, and urges that the necessary measures be taken so that those responsible will be severely punished.
   • (d) The Committee once again strongly urges the Government immediately to take all the necessary measures to safeguard the lives of the wife and children of the murdered trade unionist Rolando Raquec, given the death threats which, according to the allegations, they have received.
   • (e) With regard to the allegations of death threats against the Secretary-General of the Trade Union Association of Itinerant Vendors of Antigua, the Committee requests the complainant organizations to inform the trade unionists of the need to confirm the legal complaint lodged with the judicial authority and hopes that the ongoing proceedings relating to the threats and assaults will be concluded in the near future and requests the Government to keep it informed in this regard.
   • (f) The Committee once again requests the Government to communicate the outcome of the inquiries carried out by the national police and the Prosecutor General for Human Rights into the allegation concerning the selective surveillance and theft of laptop equipment belonging to José E. Pinzón, Secretary-General of the CGTG.
   • (g) With regard to the alleged dismissal of trade unionists at the El Arco Estate (municipality of Puerto Barrios), the Committee notes the Government’s statements according to which the proceedings initiated by the dismissed workers at the Clermont Estate in the municipality of Río Bravo, who had obtained a judicial reinstatement order, and the application to the judicial authority by the employer for authorization to dismiss trade unionists at the Los Angeles Estate (municipality of Puerto Barrios) were before the Chamber of Constitutional Protection (amparo) of the Supreme Court of Justice. The Committee again requests the Government to inform it of the outcome of these proceedings, and expects that they will be concluded without further delay.
   • (h) With regard to the alleged dismissal of workers at the El Tesoro Estate (municipality of Samayac) for submitting lists of claims during negotiations on a collective agreement, despite a judicial reinstatement order, the Committee again requests the trade union to which these trade unionists belong to request the competent legal authority to implement the reinstatement order.
   • (i) The Committee notes with regret that the Government has not provided any information on the allegations relating to the absence of measures by the authorities to promote collective bargaining between the El Carmen Estate and the trade union. The Committee urges the Government to send the requested information without delay.
   • (j) With regard to the allegations relating to the abusive investigation conducted by the Department of Human Resources against Ms Imelda López de Sandoval, Secretary-General of USTAC, the Committee urges the Government to instruct the General Directorate of Civil Aviation without delay to delete from its staff database any information of a private nature relating to this trade unionist. The Committee requests to be kept informed in this respect.
   • (k) With regard to the alleged threats against the employees of the General Directorate of Civil Aviation who participated in a protest in front of the building against the constant abuse by the administration (according to the allegations, the General Directorate’s chief maintenance officer threatened that they would be reported and subsequently dismissed, if they were five minutes late back to work, and then took photographs of them) and with regard to the intimidation by security officers against the members outside the room where the union’s general assembly was to be held, the Committee regrets that the Government has not sent its observations and urges it to do so without delay.
   • (l) The Committee expects that the Government will continue to receive technical assistance from the ILO and that the object of this assistance will be to ensure promptly an adequate and efficient system of protection against acts of anti-union discrimination, which should include sufficiently dissuasive sanctions and prompt means of redress, beginning with the implementation, without delay, of the judicial reinstatement orders.
   • (m) The Committee urges the Government to take, without delay, all the measures in its power to ensure that the trade unionists of the municipality of Livingston who did not receive the wages and other benefits owed to them as ordered by the judicial authority, receive them immediately, and to inform it of developments with regard to the criminal proceedings initiated against the municipality.

B. The Government’s reply

1. 565. As regards the alleged violations of the union rights of the Trade Union Association of Itinerant Vendors of Antigua in the Department of Sacatepéquez (recommendation (e)), the Government indicates in its communication of 24 May 2010 that the Ministry of Labour and Social Welfare requested information from the magistrate’s court of the municipality of Antigua in the Department of Sacatepéquez concerning whether the members of the aforementioned union had filed a complaint with regard to the acts committed against them. The magistrate’s court replied that on 5 May 2005 the complaint presented by Higinia Concepción López, Moisés González Buc, Sofía Buc Selvin and Miguel Ángel Buc Cotzal against officers of the Sacatepéquez municipal police (complaint
2. No. 206-2005) was received. The Government adds that the complaint is the responsibility of the Third Court, which was unable to initiate proceedings owing to the lack of information from the trade union needed to issue a summons in accordance with the law.
3. 566. As regards the allegations of violations in relation to collective bargaining in the municipality of Río Bravo, Suchitepéquez (recommendation (g)), the Government states in its communication of 22 June 2010 that the Constitutional Protection Chamber of the Supreme Court issued the final judgment rejecting the appeal for amparo (protection of constitutional rights) filed by the Standing Committee of Workers of the Municipality of Río Bravo on 31 May 2007. The Government indicates that the Standing Committee of Workers of the Municipality of Río Bravo filed an appeal with the Constitutional Court, which issued a ruling on 7 February 2008 upholding the refusal to grant amparo.
4. 567. As regards the allegations concerning the attempted murder of trade unionist Marcos Álvarez Tzoc (recommendation (c)), the Government indicates in its communication dated 2 July 2010 that Mr Julio Enrique de Jesús Salazar Pivaral (who committed the acts referred to previously), following the decision issued by the Court of Criminal Judgment, filed a special appeal in form and substance which was rejected and consequently came before the Constitutional Court. The Government adds that on 21 March 2007 the Constitutional Court issued ruling No. 2213-2006 upholding the operative part of the ruling which was appealed against. The Government concludes that since the rulings are pending and not immediately enforceable, it will keep the Committee informed of the progress of the criminal proceedings in question.
5. 568. As regards the murder of Mr Julio Rolando Raquec (recommendation (c)), the Government states in its communication dated 13 September 2010 that on 26 July 2010 it requested updated information on the progress of the investigations. On 10 August 2010 it was informed that “on the date of removal of the corpse of the victim, the partner of the deceased was interviewed by agents of the Criminal Investigation Service of the National Civil Police and indicated that the persons who had shot her partner were gang members operating in that sector”.
6. 569. According to a detailed report dated 24 February 2009 from Bureau 03 of the Public Prosecutor’s Office for the Investigation of Violent Crime, a department of the AttorneyGeneral’s Office, it has been impossible to establish the exact whereabouts of the deceased person’s partner, Ms Lidia Merida Coy. Since she was an eyewitness to the events that occurred, it is impossible to initiate criminal proceedings as her statement has not been verified and there is insufficient corroboration to take action. With a view to shedding light on the death of Mr Julio Rolando Raquec, every effort has been made to try to locate Ms Lidia Merida Coy so that she can make a statement as an eyewitness, since she holds certain persons responsible for the death of her partner, namely Víctor Alfonso Cruz Zacarías, Pedro Luis Gómez Herrera, Mario Alexander Galicia Gómez, Luis Roberto García Guzmán, Carlos Rivera García and Manuel Francisco Caal Gutiérrez. The search to contact Ms Lidia Merida Coy continues so that, if appropriate, the relevant arrest warrants may then be issued. The Government indicates that, according to the Public Prosecutor’s Office, the only means of contacting the witness has been through Mr Victoriano Zacarías, though this has not produced any results since there has been a lack of cooperation from Mr Zacarías. The Public Prosecutor’s Office states that instructions were given to the investigators concerned to undertake field work which had not been completed satisfactorily with respect to other witnesses to the crime (who related the sequence of events leading to the victim’s death but refused to reveal their identities for fear of reprisals) and with respect to the whereabouts of the witness in order also to refer her to the Psychology Clinic of the National Institute of Forensic Science of Guatemala and determine the degree of victimization which she has suffered as a result of witnessing the criminal act.
7. 570. The Public Prosecutor’s Office also stated that it was awaiting information from the Centre for the Compilation, Analysis and Dissemination of Criminal Information (CRADIC), from the National Civil Police Automated Fingerprint Identification System (AFIS), from the Directorate-General for the Control of Arms and Munitions (DIGECAM), and from the records of the computerized case management system at the Attorney-General’s Office (SICOMP).

C. The Committee’s conclusions

1. 571. The Committee profoundly deplores the fact that, despite the time that has elapsed since the last examination of the case, the Government has only sent observations concerning some of the allegations. In view of the gravity of certain allegations, including serious acts of violence against trade union officials and members, the Committee urges the Government to send its observations without delay concerning all the pending allegations. The Committee emphasizes that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, coercion or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected.
2. 572. As regards the allegation concerning death threats against members of the Trade Union Association of Itinerant Vendors of Antigua, including its general secretary, the Committee notes that on 5 May 2005 the magistrate’s court received the complaint presented by Higinia Concepción López, Moisés González Buc, Sofía Buc Selvin and Miguel Ángel Buc Cotzal against officers of the Sacatepéquez municipal police and that the competent court was unable to initiate proceedings owing to the lack of information from the trade union needed to issue a summons in accordance with the law. The Committee is bound to observe with regret that this situation results in impunity for those who issued the death threats. The Committee urges the Government to take steps to ensure that an independent investigation into these allegations is launched without delay and to keep it informed of its results.
3. 573. As regards the allegations concerning the attempted murder of trade unionist Marcos Álvarez Tzoc, the Committee observes that following the decision issued by the Court of Criminal Judgment, Mr Julio Enrique de Jesús Salazar Pivaral, who had been accused of the attempted murder, filed an appeal which was rejected, and that the Constitutional Court issued ruling No. 2213-2006 upholding the operative part of the ruling which was appealed against. Noting the Government’s indication that this latest ruling is not yet enforceable, the Committee requests the Government to keep it informed with respect to the enforcement of the penalty imposed under this ruling. The Committee deplores that the Government has once again not supplied the information requested in relation to the attempted murder of trade union official Ms Imelda López de Sandoval and urges the Government once again to inform it as a matter of urgency of all developments in the ongoing investigations and proceedings related to this matter.
4. 574. As regards the murder of Mr Julio Rolando Raquec, the Committee notes that according to the Government’s reply: (i) on the date of removal of the corpse of the victim, the partner of the deceased was interviewed by agents of the Criminal Investigation Service of the National Civil Police and indicated that those who had shot her partner were mareros (gang members) operating in that sector, and mentioned the names of six persons; (ii) according to a report from Bureau 03 of the Public Prosecutor’s Office for the Investigation of Violent Crime, a department of the Attorney-General’s Office, it has been impossible to establish the exact whereabouts of the deceased person’s partner; (iii) since she was an eyewitness to the events that occurred, it is impossible to initiate criminal proceedings as her statement has not been verified and there is insufficient corroboration to take action; (iv) the only means of contacting the witness has been through Mr Victoriano Zacarías, though this has not produced any results since there has been a lack of cooperation from Mr Zacarías; (v) instructions were given to the investigators concerned to undertake field work which had not been completed satisfactorily with respect to other eyewitnesses to the crime and with respect to the whereabouts of the witness; and (vi) information was being awaited from the Centre for the Compilation, Analysis and Dissemination of Criminal Information (CRADIC), from the National Civil Police Automated Fingerprint Identification System (AFIS), from the Directorate-General for the Control of Arms and Munitions (DIGECAM), and from the records of the computerized case management system at the Attorney-General’s Office (SICOMP). The Committee recalls that it previously requested the Government to take the necessary steps to ensure that heavy penalties are imposed on the perpetrators. The Committee therefore notes with deep concern that the eyewitness has not been found, regrets that the investigations have not enabled the perpetrators to be identified and urges the Government to continue to take steps towards this end and to keep it informed of any developments in the investigation in question.
5. 575. As regards the necessary measures to safeguard the lives of the wife and children of the murdered trade unionist, Mr Julio Rolando Raquec, the Committee observes that according to the report from Bureau 03 of the Public Prosecutor’s Office for the Investigation of Violent Crime, a department of the Attorney-General’s Office, Ms Lidia Merida Coy (the partner of Mr Julio Rolando Raquec) requested protection as a witness and asked to be sent to the State of Virginia in the United States of America with funds of US$3,000; assistance was requested from the Department of Logistical Support, which stated that the Attorney-General had only authorized 1,500 Guatemalan quetzals (CTQ) (approximately US$188); Ms Lidia Merida Coy rejected the amount offered and did not appear when summoned on subsequent occasions. The Committee recalls that it previously asked the Government to take immediate measures to safeguard the lives of Ms Lidia Merida Coy and her children and, while noting that the Government offered her a meagre amount of money, it expresses its concern at the fact that the whereabouts of this chief eyewitness have been unknown since then. The Committee requests the Government to make all efforts to discover the whereabouts of Ms Lidia Merida Coy, the chief eyewitness to the murder of her partner Julio Rolando Raquec. The Committee urges the Government once again to take steps to ensure her safety and that of her children.
6. 576. As regards the alleged dismissal of trade unionists in the municipality of Río Bravo (Clermont Estate), the Committee notes the rulings issued by the Constitutional Protection Chamber of the Supreme Court and by the Constitutional Court refusing the amparo (constitutional protection) requested by the Standing Committee of Workers of the Municipality of Río Bravo. With regard to such dismissals, the Committee observes that the Government has not supplied any information concerning the proceedings relating to the authorization to dismiss the trade unionists at the Los Ángeles Estate (municipality of Puerto Barrios) requested from the judicial authority by the employer. The Committee therefore reiterates that justice delayed is justice denied, and once again urges the Government to inform it of the outcome of these proceedings, with the strong expectation that they will be concluded without further delay.
7. 577. The Committee notes that the Government has accepted technical assistance from the ILO and trusts that this will be implemented in the near future. The Committee firmly expects that the objective of this assistance will be to ensure promptly that trade union rights are exercised in a climate that is free from violence, coercion or threats, to eliminate impunity and to establish an adequate and efficient system of protection against acts of anti-union discrimination, which should include sufficiently deterrent penalties and prompt means of redress, beginning with the implementation without delay of the judicial reinstatement orders.
8. 578. As regards the remaining allegations, in view of the lack of observations from the Government, the Committee repeats its previous recommendations once again and urges the Government to send the requested information or take the requested action.

The Committee's recommendations

1. 579. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the allegation concerning death threats against members of the Trade Union Association of Itinerant Vendors of Antigua, including its general secretary, the Committee notes that the competent court was unable to initiate proceedings owing to the lack of information from the trade union. The Committee is bound to observe with regret that this situation results in impunity for those who issued the death threats and urges the Government to take steps to ensure that an independent investigation into these allegations is launched without delay and to keep it informed of its results.
   • (b) As regards the allegations concerning the attempted murder of trade unionist Marcos Álvarez Tzoc, noting the Government’s indication that the ruling issued by the Constitutional Court against Mr Julio Enrique de Jesús Salazar Pivaral is not yet enforceable, the Committee requests the Government to keep it informed with respect to the enforcement of the penalty imposed by the ruling of the Court of Criminal Judgment. The Committee deplores that the Government has not supplied the information requested in relation to the attempted murder of trade union official Ms Imelda López de Sandoval and urges the Government once again to inform it as a matter of urgency of all developments in the ongoing investigations and proceedings related to this matter.
   • (c) As regards the murder of Mr Julio Rolando Raquec, the Committee regrets that the investigations have not enabled the perpetrators to be identified and urges the Government to continue to take steps towards this end and to keep it informed of any developments in the investigation in question.
   • (d) As regards the necessary measures to safeguard the lives of the wife and children of the murdered trade unionist, Mr Julio Rolando Raquec, the Committee requests the Government to make all efforts to discover the whereabouts of Ms Lidia Merida Coy, the chief eyewitness to the murder of her partner Mr Julio Rolando Raquec. The Committee once again urges the Government to take steps to ensure her safety and that of her children.
   • (e) As regards the alleged dismissal of trade unionists in the municipality of Río Bravo (Clermont Estate), the Committee reiterates that justice delayed is justice denied, and urges the Government once again to inform it of the outcome of these proceedings, with the strong expectation that they will be concluded without further delay.
   • (f) The Committee notes that the Government has accepted technical assistance from the ILO and trusts that this will be implemented in the near future. The Committee firmly expects that the objective of this assistance will be to ensure promptly that trade union rights are exercised in a climate that is free from violence, coercion or threats, to eliminate impunity and to establish an adequate and efficient system of protection against acts of anti-union discrimination, which should include sufficiently deterrent penalties and prompt means of redress, beginning with the implementation without delay of the judicial reinstatement orders.
   • (g) As regards the remaining allegations, in view of the lack of observations from the Government, the Committee repeats its previous recommendations once again and urges the Government to send the requested information or take the requested action.
   • (h) The Committee calls the Governing Body’s attention to the extreme seriousness and urgent nature of this case.