Rapport intérimaire - Rapport No. 401, Mars 2023

Cas no 2609 (Guatemala) - Date de la plainte: 24-OCT. -07 - Actif

Allegations: The complainant organizations allege numerous murders and acts of violence against trade union members and flaws in the system that result in criminal and labour-related impunity

1. 447. The Committee has already examined the substance of this case on a number of occasions, which was presented for the first time in 2007. The Committee last examined the case at its October 2021 meeting and on that occasion it submitted an interim report to the Governing Body [see 396th Report, approved by the Governing Body at its 343rd Session (October–November 2021), paras 307–348]. 
2. 448. The Government sent its observations in communications dated 6 December 2021, 7 and 17 January, 15 February, 13 May, 5 and 21 July, 4, 11, 18, 19, 22 and 26 August, 14 September, 13, 14 and 16 December 2022, and 3 February 2023.
3. 449. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 450. At its October 2021 meeting, the Committee made the following recommendations [see 396th Report, para. 348]:
   • (a) The Committee expresses once again its deep concern over the seriousness of this case, given the many instances of murder, attempted murder, assaults and death threats and the climate of impunity. The Committee urges the Government to take all necessary measures to prevent the commission of any further acts of anti-union violence.
   • (b) The Committee again urges the Government, with the active participation and monitoring by the National Tripartite Committee and its subcommittee on implementation of the road map, to continue to take and intensify all the necessary measures to ensure the effective investigation of all acts of violence against trade union leaders and members, with a view to identifying those responsible and punishing the perpetrators and instigators of such acts, taking the trade union activities of the victims fully into consideration in the investigations, in accordance with Directive No. 01-2015. In this connection, the Committee specifically urges the Government to: (i) take all necessary measures to ensure the continued role of the National Tripartite Committee and its subcommittee on implementation of the road map; (ii) facilitate, with the support of the National Tripartite Committee, the full reactivation of the trade union committees of the Public Prosecutor’s Office with the full participation of its trade union representatives; (iii) significantly increase, with the allocation of the necessary human and financial resources, the criminal investigation capacities of the Special Prosecutor’s Unit for Crimes against Trade Unionists; (iv) substantially strengthen collaboration between the Special Criminal Investigation Division (DEIC) of the National Civil Police and the above-mentioned special prosecutor’s unit; (v) take the necessary measures to ensure the competent authorities devote the attention and resources required for the investigations into the 36 homicides reported by the National Tripartite Committee; and (vi) continue the ongoing dialogue established with the judiciary to ensure, through all appropriate mechanisms, that cases of anti-union violence are promptly examined by the criminal courts. The Committee requests the Government to keep it informed in this respect.
   • (c) The Committee requests the Government to provide information on the punishments handed down to the perpetrators of threats and assaults against members of the trade union movement identified by the Ministry of the Interior’s unit dealing with threats and attacks against human rights advocates.
   • (d) Expressing its deep concern at the new cases of deaths of members of the trade union movement registered with the Public Prosecutor’s Office and occurring in 2020 and 2021, the Committee once again urges the Government, with the active participation and monitoring of the National Tripartite Committee and its subcommittee on implementation of the road map, to take the necessary steps to: (i) resume and strengthen the trade union committees and the Ministry of Interior’s Special Investigation Unit for the analysis of attacks against human rights advocates; (ii) achieve full and effective coordination between the Ministry of the Interior and the Public Prosecutor’s Office in the granting and handling of security measures for members of the trade union movement; and (iii) provide the necessary funds to ensure that all security measures required, especially personal measures, are granted as soon as possible to members of the trade union movement who may be at risk. The Committee requests that the Government keep it informed in this respect, paying particular attention to the situation of members of municipal trade unions who may be at risk.
   • (e) The Committee requests the Government to contact and meet with the complainant organizations to facilitate the identification of all cases of anti-union violence they reported in their last communication. The Committee requests the Government, on the basis of the above, to supplement the information provided, indicating the measures taken to investigate the facts denounced and to ensure the protection of members of the trade union movement who may be at risk.
   • (f) The Committee once again draws the special attention of the Governing Body to the extremely serious and urgent nature of this case.

B. The Government’s reply

1. 451. In 18 communications sent between 6 December 2021 and 3 February 2023, the Government provided a range of information and updates regarding investigations into the acts of anti-union violence reported in the present case and on the protection of members of the trade union movement who may be at risk. This information included the meeting records from all the meetings held during that time by the National Tripartite Committee on Labour Relations and Freedom of Association (hereinafter the National Tripartite Committee) and its subcommittee on implementation of the road map in which the aforementioned topics were discussed in a tripartite manner.
2. 452. In those communications, the Government provided information about the institutional initiatives taken to address the phenomenon of anti-union violence. With regard to improving the effectiveness of the investigations aiming to identify and punish the perpetrators of acts of anti-union violence, the Government submits information provided by the Public Prosecutor’s Office, much of which was shown to the National Tripartite Committee and its subcommittee on implementation of the road map. This information shows that the budget allocated to the Special Investigation Unit for Crimes against Judicial Officials and Trade Unionists and has increased significantly, from US$104,140.90 in 2011 to US$543,960.00 in 2021 and US$1,288,252.003 in 2022. According to the Government’s communication dated 7 January 2022, the Special Investigation Unit has four additional assistant prosecutors, making a team of 26 people in total, as well as two additional vehicles. According to the communication dated 3 January 2023 however, the Special Investigation Unit has a team of 22 officials.
3. 453. According to the information submitted by the Government on 7 January 2022, the Public Prosecutor’s Office underlines that it has implemented a comprehensive case management mechanism, with the objective of: (i) dealing with cases strategically and addressing the criminal acts in a comprehensive manner, taking into account the potential involvement of criminal networks; and (ii) reducing delays. With regard to the Special Investigation Unit, the Public Prosecutor’s Office highlights the establishment of two investigation groups, one for crimes committed before 2020 and another for more recent crimes. The Public Prosecutor’s Office states that this unit structure enables it both to carry out more in-depth investigations of certain older cases (and to achieve results, such as in the case of the homicides of members of the Union of Commercial Workers of Coatepeque) and also to have better responsiveness to more recent cases.
4. 454. In its communications dated 6 December 2021, 7 January 2022 and 3 February 2023, the Government submits information relating to initiatives aimed to make interactions between the Public Prosecutor’s Office and the trade union organizations more effective, with regard to the investigations into acts of anti-union violence. In this regard, they note that at the 29 November 2021 meeting of the Trade Union Technical Committee of the Public Prosecutor’s Office: (i) several measures to facilitate communication between the trade union movement, the Public Prosecutor’s Office and the Ministry of Labour were agreed, by identifying two senior officials of the Public Prosecutor’s Office as contact points and determining that Fridays will be the days to deal with requests for information about the investigations from the trade unions; (ii) the Public Prosecutor’s Office committed to issuing a number of circulars, including one stating that all offices of the Public Prosecutor’s Office shall treat complaints from the trade union sector as urgent matters; and (iii) dates were proposed for five trade union committee meetings in 2022. In that regard, the various Government communications provide accounts of the meetings held between the Public Prosecutor’s Office and trade union organizations in 2022, either in the context of the trade union committee or in the framework of the National Tripartite Committee and its subcommittee on implementation of the road map. Lastly, in its communication dated 3 February 2023, the Government submits the record of the meeting held on 20 January 2023 between the Chief Public Prosecutor and the National Tripartite Committee during which the Chief Public Prosecutor suggested that the trade union organizations request recognition as adhering complainants in the criminal proceedings with a view to having greater access to the information in the case files and being able to participate more actively.
5. 455. The Government notes that in the aforementioned meeting on 20 January 2023, the Chief Public Prosecutor, in accordance with what had been agreed with the joint mission of the ILO, the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC) that took place in September 2022, reported on the holding of training on the application of General Directive No. 01-2015 for the effective criminal investigation and prosecution of crimes against trade unionists, members of workers’ organizations and other labour and trade union activists within the Public Prosecutor’s Office. She stated that: (i) the framework of the curriculum had been prepared by the Training Unit of the Public Prosecutor’s Office (UNICAP) with support from the ILO and the Office of the United Nations High Commissioner for Human Rights (OHCHR) so that all the country’s prosecutorial staff would be fully equipped to implement the directive; and that (ii) training for Regional and District Public Prosecutors had begun on 30 November 2022.
6. 456. The Government also refers in its various communications to the actions taken to provide effective protection for members of the trade union movement who may be at risk and submits in this regard the information provided by the Ministry of the Interior. The Government states in this regard that: (i) the Special Investigation Unit for the analysis of attacks against trade union leaders and members – a forum for the Ministry of the Interior and trade union organizations to exchange information about members of the trade union movement who may be at risk – was reinstated by means of the adoption by the Ministry of the Interior of Ministerial Decision No. 288-2022; (ii) the first meeting of this unit, scheduled to be held at the end of July 2022, could not take place due to the workers’ inability to attend; (iii) the budget allocation for the Ministry of the Interior’s Protection of Persons and Security Division increased from US$876,616.00 in 2020 to US$1,239,120 in 2022; (iv) there is an annual investment of US$294,038 in the form of one year’s salary for the 30 officials assigned to the Risk Analysis Unit; (v) the Protection of Persons and Security Division does not have a separate food budget for police officers assigned to trade union leaders and members, only the payment of their salary and related allowances, to cover their daily expenses; (vi) two trade union leaders currently have personal security measures, with four police officers assigned to this task; (vii) once notification has been received of a potentially risky situation, the Ministry of the Interior’s “Protocol for the implementation of immediate and preventive security measures for trade union members, leaders, officers and activists, and labour rights activists, as well as the physical spaces in which they conduct their activities” is triggered. Out of the 46 requests for protection from members of the trade union movement received by the Ministry of the Interior between 1 January and 27 July 2022, 1 case led to the authorization of personal security measures, 39 to perimeter security measures and 6 are pending analysis; (viii) 30 of the 46 requests for protection came from the Public Prosecutor’s Office; and (ix) the aforementioned demonstrates the existence of active coordination between the Ministry of the Interior and the Public Prosecutor’s Office with regard to risky situations that might affect members of the trade union movement, as underlined by the security measures provided, among others, to Mr Carlos Mancilla, to the family of Ms Cynthia del Carmen Pineda Estrada and to the members of the Union of Commercial Workers of Coatepeque. With regard to the complaint of threats against members of the Workers’ Union of San Carlos of Guatemala University (STUSC), the Government reports in its communication dated 3 February 2023 that, at the request of the subcommittee on implementation of the road map, the Ministry of Labour has submitted information to the National Tripartite Committee about actions taken to provide protection to members of the STUSC.
7. 457. The Government also provides updated information on the investigations and judicial proceedings relating to concrete cases of homicide against trade union leaders and members, as well as overall data on the results obtained by the Public Prosecutor’s Office and the courts in that regard. In its communication dated 4 August 2022, the Government reports that, according to data from the Public Prosecutor’s Office, 97 cases of homicide of trade union leaders and members were recorded, noting that: (i) to date, 29 rulings have been handed down, of which 22 were guilty verdicts (relating to 19 homicides, with 3 cases giving rise to 2 guilty verdicts each), 6 not guilty and 1 security and correction measure; (ii) 5 cases have a date for public oral hearings; (iii) 1 new case gave rise to the presentation to the judiciary of the Public Prosecutor’s Office’s final indictment; (iv) 3 cases are in the opening stage of proceedings; (v) criminal proceedings have been dropped in 7 cases as a result of the death of the suspects. The Committee also notes the Government’s indication that: (i) in so far as several new cases now have a date for public oral hearings, 5 new rulings are expected between now and the first half of 2023; and (ii) significant investigative and procedural progress has been made with regard to the 6 cases of homicides of trade union leaders and members that happened in 2020.
8. 458. The Government also submits reports from the Public Prosecutor’s Office containing specific information about the status of the investigations – and in some cases the legal proceedings – relating to the homicides of the following people: Mr Julio Raquec Ishen, whose murder is the subject of Case No. 2445 before the Committee on Freedom of Association; Mr Pedro Rogelio Morales Gramajo, Mr Bruno Ernesto Figueroa, Mr Alejandro García Felipe, Ms Brenda Marleni Estrada Tambito, Mr José Guadalupe Hernández y Hernández, Mr Héctor David Xoy Ajualip, Mr Manuel de Jesús Ramírez, Mr Juan Fidel Pacheco Coc and Mr Pedro Zamora Álvarez.
9. 459. In its communication of 19 August 2022, the Government reports the homicide, on 8 August 2022, of Mr Hugo Eduardo Gamero González, Labour and Disputes Secretary of the Workers’ Union of the Santo Tomás de Castilla National Port Enterprise (SINEPORNAC). The Government submits information provided by the Public Prosecutor’s Office about 30 investigations carried out since 9 August 2022 , including the interview conducted with the Finance Secretary of SINEPORNAC.
10. 460. In its communications dated 21 July 2022 and 3 February 2023, the Government submits a summary of the information that the Public Prosecutor’s Office provided to the National Tripartite Committee and its subcommittee on implementation of the road map with regard to the identification of the motives for several homicides of members of the trade union movement. The Government also submits the records of those meetings, which include the discussions between the Public Prosecutor’s Office and the tripartite members of those bodies. In the meetings on 28 February, 10 March, 21 April and 11 May 2022, facts were provided about three murders that had taken place in 2013 and 2017 when the perpetrators were given significant prison sentences: (i) in the case of the murder of Mr William Leonel Retana Carias (Union of Workers in the Municipality of Jalapa), the Public Prosecutor’s Office declared that, although the ruling did not make reference to the crime’s motive, investigations pointed to a case of extorsion by a criminal gang; (ii) in the case of the murder of Mr Manuel de Jesús Ortiz Jiménez, the Public Prosecutor’s Office indicated that the court had convicted the instigator of the crime and that a marital break down was the motive; and (iii) in the case of the homicide of Luis Ovidio Ortiz Cajas, the court had convicted the person responsible for the events, Mr Ortiz Cajas having been the collateral victim of gang rivalry. In her 20 January 2023 meeting with the National Tripartite Committee, the Chief Public Prosecutor addressed in general terms the matter of the motives for the homicides of trade unionists, stating that: (i) the main purpose of the Public Prosecutor’s Office is to establish whether the crime was committed as a consequence of the victim’s trade union activity and any other potential hypotheses formulated in the course of the investigation; (ii) notwithstanding the foregoing, it was only in the case of the murder of Mr Tomás Francisco Ochoa Salazar, Dispute Secretary of the SITRABREMEN trade union organization, that the investigation by the Special Investigation Unit for Crimes against Judicial Officials and Trade Unionists determined that the homicide was committed for the victim’s trade union activity, with that theory included in the respective indictment; (iii) in spite of the ample evidence provided by the Unit that proved the involvement of the Human Resources Chief, as the instigator of the crime as well as an active participant at the time of the crime, the court decided to convict the perpetrator and acquit the instigator of the crime, based on the argument that the members of the executive committee of the union indicated that there had been no threats or intimidation, that they did not have any disputes with the enterprise and that they had successfully negotiated a collective agreement; and (iv) the Public Prosecutor’s Office has appealed the acquittal. The record of that meeting also indicates that: (i) the trade union representatives of the National Tripartite Committee were surprised by the tenor of the statements made by the executive committee of the union, since according to them these contradicted what those same people had maintained outside the criminal proceedings; (ii) a debate ensued in the National Tripartite Committee as to the potential pressure that people interviewed in the framework of criminal investigations could receive, from one side or the other, about how to obtain reliable statements and about how the Public Prosecutor’s Office identified the trade unionists it interviewed; (iii) there was also a discussion of the need – emphasized by the Chief Public Prosecutor – for trade union organizations to request recognition as adhering complainants in the criminal proceedings to obtain greater access to information, with the trade union representatives stating that several courts had denied them such recognition; (iv) the Chief Public Prosecutor also mentioned that for 48 old homicides in which it had not been possible to identify suspects, the decision had been taken, in accordance with article 327 of the Criminal Code, to shelve those cases as it was materially not possible to successfully establish and identify the participation of any perpetrator; (v) the trade union representatives of the National Tripartite Committee stated that at the time of those homicides, the Public Prosecutor’s Office did not give sufficient consideration to the potential anti-union motives of the homicides and requested that the premises of those investigations be reviewed.
11. 461. In communications in August and September 2022, the Government submitted information on the investigations carried out into death threats received by various trade union leaders and members. With regard to Mr Carlos Mancilla, General Secretary of the Unified Trade Union Confederation of Guatemala (CUSG), the Public Prosecutor’s Office states that: (i) 39 investigations have been carried out that have connected the threats to a network of common criminals that commits extorsion; (ii) recalls that Mr Mancilla has personal security measures. With regard to the complaints of death threats against members and leaders of the SITRAFRITOLAY-GFLG-Pepsico trade union organization, the majority of those were shelved for not having identified any evidence of illegal actions;(iii) an inquiry remains ongoing into the complaint of threats against one of the union members and five investigations have been carried out into that; and (iv) recalls that perimeter security measures have been offered to members of that trade union.

C. The Committee’s conclusions

1. 462. The Committee recalls that, in the present case, the complainants report numerous murders and acts of violence against trade union leaders and members, as well as impunity in that regard. While appreciating the detailed observations sent by the Government since the last examination of the case, the Committee continues to deeply deplore the numerous homicides of members of the trade union movement recorded since 2004 for which a judicial decision is still pending. The Committee notes with deep concern the Government’s notification of the homicide of Mr Hugo Eduardo Gamero González, Labour and Disputes Secretary of SINEPORNAC. While it takes due note of the actions taken by the competent authorities in that regard, the Committee once again draws the Government’s attention to the fact 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 Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 84]
2. 463. The Committee notes the information provided and updated on a regular basis by the Government with regard to the actions taken to address the phenomenon of anti-union violence. The Committee also takes note of the joint mission of the ILO, IOE and ITUC that took place in September 2022 in the framework of the Governing Body’s follow-up of the ILO technical cooperation programme “Strengthening the National Tripartite Committee on Labour Relations and Freedom of Association in Guatemala for the effective application of international labour standards” (see document GB.346/INS/10). The Committee observes that the aforementioned mission agreed a series of priority actions with the National Tripartite Committee to give new impetus to the implementation of the road map on freedom of association adopted by the Government in 2013 and that some of those actions relate to the effective investigation and punishment of acts of anti-union violence and the protection of members of the trade union movement who may be at risk.
3. 464. The Committee takes notes, firstly, of the information provided by the Government relating to the institutional initiatives taken to strengthen the criminal justice response to acts of violence against members of the trade union movement. In this regard, the Committee takes particular note of:
4. 465. The Committee goes on to note the information provided by the Government with regard to the outcomes of the investigations of the homicide cases examined in the present case and the punishment of the perpetrators. The Committee notes that, according to the information provided by the Government, out of a total of 97 homicides: (i) to date, 29 rulings have been handed down, of which 22 were guilty verdicts (relating to 19 homicides, with 3 cases giving rise to 2 guilty verdicts each), 6 not guilty and 1 security and correction measure; (ii) 5 cases have a date for public oral hearings; (iii) 1 new case gave rise to the presentation to the judiciary of the Public Prosecutor’s Office’s final indictment; (iv) 3 cases are in the opening stage of proceedings; (v) criminal proceedings have been dropped in 7 cases as a result of the death of the suspects. While taking note that 5 cases have a date for public oral hearings between the second half of 2022 and the first half of 2023, the Committee observes that no new guilty verdicts have been recorded since its last examination of the case in October 2021.
5. 466. The Committee goes on to note the Chief Public Prosecutor’s indication during the National Tripartite Committee meeting on 20 January 2023 that, based on article 327 of the Criminal Code, the investigations into 48 cases of homicide of members of the trade union movement were being shelved as, despite the years that have passed, it has not been possible to identify any clues about the potential perpetrators of those crimes. The Committee also notes that, during the same meeting, the Chief Public prosecutor stated that to date there had only been one homicide case, that of trade union leader Tomás Francisco Ochoa Salazar, in which the Public Prosecutor’s Office had established the existence of an anti-union motive and presented it to the courts. The Committee notes that the Chief Public Prosecutor stated in that regard that the criminal court nonetheless decided to acquit the purported instigator of the crime on the basis of statements from members of the trade union committee and that the Public Prosecutor’s Office has appealed that decision.
6. 467. The Committee takes note of the detailed information provided by the Government about the investigations into several homicide cases, particularly those committed in 2020. The Committee observes however that the Government has not provided specific information on the progress of the investigations concerning the homicide of Mr Ludim Eduardo Ventura Castillo, member and leader of the Union of Education Workers of Guatemala.
7. 468. Lastly the Committee takes note of the information provided by the Government about the investigations carried out into the threats received by Mr Carlos Mancilla, General Secretary of the CUSG and by leaders and members of the SITRAFRITOLAY -GFLG-Pepsico trade union. The Committee observes however that it has not received further information about the investigations carried out by the Ministry of the Interior’s unit dealing with threats and attacks against human rights advocates that were related to acts of anti-union violence (see 396th Report, para. 338).
8. 469. The Committee appreciates the level of detail in the information provided by the Government. The Committee takes due note of the aforementioned institutional initiatives and, in particular, the doubling of the budget allocated to the specialized unit. The Committee also once again welcomes the consolidation of the role played by the National Tripartite Committee and its subcommittee on implementation of the road map in the regular detailed monitoring of actions carried out to shed light on and punish the numerous acts of anti-union violence in the present case. The Committee highlights in particular the importance of the discussions held by the National Tripartite Committee with the Public Prosecutor’s Office to identify the motives for the homicides of members of the trade union movement, on the manner of carrying out investigative interviews with members of the trade union movement, and on the role of the trade union organizations in criminal proceedings.
9. 470. At the same time, the Committee notes that: (i) the vast majority of the homicides of trade union leaders and members examined in the present case have still not led to a guilty verdict, with no new convictions recorded since the Committee’s last examination of the case; (ii) out of the 36 homicides identified as having particular significance by the National Tripartite Committee in 2021 (see 396th Report, para. 340), there have still only been 6 convictions, in spite of the length of time since the acts were committed; and (iii) in the majority of the cases that have seen convictions, there is still no information about the motives for the crimes or the potential existence of instigators.
10. 471. In that context, the Committee observes with serious concern the Chief Public Prosecutor’s declaration that 48 old homicide cases of members of the trade union movement for which it had been impossible to identify suspects were to be shelved. While it does not have identifying information for those cases or for the specific criteria used, the Committee notes that this decision would include half of the many homicide cases of members of the trade union movement examined in the framework of this case. Although it recognizes the particular difficulty in shedding light on older cases, the Committee stresses the importance that investigations into the murders of trade unionists should yield concrete results in order to reliably determine the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future [see Compilation, para. 96]. The Committee also recalls that in cases of physical or verbal violence against workers’ and employers’ leaders and their organizations, the Committee has emphasized that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights [see Compilation, para. 108].
11. 472. In light of the foregoing, the Committee once again urges the Government, with the active participation and monitoring by the National Tripartite Committee and its subcommittee on implementation of the road map, to continue to take and intensify all the necessary measures to ensure the effective investigation of all acts of violence against trade union leaders and members, with a view to identifying those responsible and punishing the perpetrators and instigators of such acts, taking the trade union activities of the victims fully into consideration in the investigations, in accordance with Directive No. 01-2015. In this connection, the Committee specifically urges the Government to: (i) ensure that the doubling of the budget allocated to the specialized unit in 2022 translates into a significant increase in the criminal investigation capacities of the Special Investigation Unit for Crimes against Trade Unionists, enabling the investigations of both the most recent cases of violence and those of older cases to be tackled appropriately; (ii) take the necessary measures to ensure the competent authorities devote the attention and resources required for the investigations into the 36 homicides reported by the National Tripartite Committee; (iii) provide information on the result of the Public Prosecutor’s Office’s appeal of the acquittal handed down in relation to the murder of Mr Tomás Francisco Ochoa Salazar; (iv) provide information about the investigations carried out by the Ministry of the Interior’s unit dealing with threats and attacks against human rights advocates that were related to acts of anti-union violence; (v) continue the ongoing dialogue with the judiciary to ensure, through all appropriate mechanisms, that cases of anti-union violence are promptly examined by the criminal courts, and facilitate the participation of trade union organizations in criminal proceedings relating to crimes affecting their members; and (vi) take all necessary measures to ensure the continued monitoring role of the National Tripartite Committee and its subcommittee on implementation of the road map, taking into account the actions requested by that body in December 2019 (see 396th Report, para. 339). The Committee requests the Government to keep it informed in this respect.
12. 473. In its previous examinations of this case, in view of the continued frequent acts of anti-union violence, the Committee had urged the Government to take the necessary measures to: (i) reactivate the Ministry of Interior’s trade union committee and its Special Investigation Unit for the analysis of attacks against human rights advocates; (ii) achieve full and effective coordination between the Ministry of the Interior and the Public Prosecutor’s Office in the granting and handling of security measures for members of the trade union movement; and (iii) provide the necessary funds to ensure that all necessary security measures, especially personal measures, are granted as soon as possible to members of the trade union movement who may be at risk.
13. 474. The Committee takes note of the updated information from the Government on the security measures for members of the trade union movement, which indicates that: (i) out of the 46 requests for protection from members of the trade union movement received by the Ministry of the Interior between 1 January and 27 July 2022, 1 case led to the authorization of personal security measures, 39 to perimeter security measures and 6 are pending analysis; (ii) 30 of the 46 requests had come from the Public Prosecutor’s Office, which highlighted the coordination between the 2 institutions; (iii) there are currently 2 trade union leaders who have been granted personal security measures; (iv) the total budget allocated to the Protection of Persons and Security Division of the Sub-Directorate General of Operations of the National Civil Police has increased to US$1,239,120 in the fiscal year 2022, compared to US$876,600 in 2020; and (v) the Protection of Persons and Security Division does not, however, have a separate food budget for police officers assigned to trade union leaders and members.
14. 475. The Committee also takes note of the Government’s report that: (i) the Special Investigation Unit for the analysis of attacks against trade union leaders and members – a forum for the Ministry of the Interior and trade union organizations to exchange information about members of the trade union movement who may be at risk – was reinstated by means of the adoption by the Ministry of the Interior of Ministerial Decision No. 288-2022; and (ii) that the first meeting of this unit, scheduled to be held at the end of July 2022, could not take place due to the workers’ inability to attend.
15. 476. The Committee takes note of this information. The Committee also observes that in the framework of the priority actions adopted during the visit of the joint mission of the ILO, IOE and ITUC, it was agreed to: (i) invite the Ministry of the Interior to attend the National Tripartite Committee at least twice a year to report on the protection measures granted to members of the trade union movement and on other actions to prevent and mitigate acts of anti-union violence, and the outcomes achieved; and (ii) revise the ministerial agreement reactivating the Ministry of the Interior’s trade union committee, on the basis of input from the workers, and ensure that it had begun its work effectively.
16. 477. The Committee also notes that it has not received information on the reactivation of the Special Investigation Unit for the analysis of attacks against human rights advocates, and on the establishment, proposed by the Chief Public Prosecutor in 2021, of a preventive security committee for trade union leaders and members that would be composed of a representative of the Public Prosecutor’s Office, a representative of the Ministry of the Interior and a representative of the Ministry of Labour (see 396th Report, para. 324). In the aforementioned context of frequent acts of anti-union violence, the Committee also observes, as highlighted in its previous examinations of the case, that a very limited number of personal protection measures have been granted to members of the trade union movement who may be at risk compared to the high number of perimeter security measures.
17. 478. Recalling once again 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 Compilation, para. 84] and reiterating its deep concern at the murder of a member of the trade union movement in 2022 and at the threats received by, among others, the General Secretary of the CUSG, the Committee once again urges the Government to take the necessary measures to: (i) ensure the effective functioning and strengthening of the Ministry of the Interior’s trade union committees and the reactivation of its Special Investigation Unit for the analysis of attacks against human rights advocates; (ii) establish regular dialogue between senior officials from the Ministry of the Interior and the National Tripartite Committee and its subcommittee on implementation of the road map; (iii) strengthen and systematize coordination between the Ministry of the Interior and the Public Prosecutor’s Office in the granting and handling of security measures for members of the trade union movement; and (iv) provide the necessary funds to ensure that all necessary security measures, especially personal measures, are granted as soon as possible to members of the trade union movement who may be at risk, without them having to incur costs for the upkeep of the officers assigned to protect them. The Committee requests the Government to keep it informed in this respect.

The Committee’s recommendations

1. 479. In light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expresses once again its deep concern over the seriousness of this case, given the many instances of murder, attempted murder, assaults and death threats and the climate of impunity.
   • (b) The Committee once again urges the Government, with the active participation and monitoring by the National Tripartite Committee and its subcommittee on implementation of the road map, to continue to take and intensify all the necessary measures to ensure the effective investigation of all acts of violence against trade union leaders and members, with a view to identifying those responsible and punishing the perpetrators and instigators of such acts, taking the trade union activities of the victims fully into consideration in the investigations, in accordance with Directive No. 01-2015. In this connection, the Committee specifically urges the Government to: (i) ensure that the doubling of the budget allocated to the specialized unit in 2022 translates into a significant increase in the criminal investigation capacities of the Special Investigation Unit for Crimes against Trade Unionists, enabling the investigations of both the most recent cases of violence and those of older cases to be tackled appropriately; (ii) take the necessary measures to ensure the competent authorities devote the attention and resources required for the investigations into the 36 homicides reported by the National Tripartite Committee; (iii) provide information on the result of the Public Prosecutor’s Office’s appeal of the acquittal handed down in relation to the murder of Mr Tomás Francisco Ochoa Salazar; (iv) provide information about the investigations carried out by the Ministry of the Interior’s unit dealing with threats and attacks against human rights advocates that were related to acts of anti-union violence; (v) continue the ongoing dialogue with the judiciary to ensure, through all appropriate mechanisms, that cases of anti-union violence are promptly examined by the criminal courts, and facilitate the participation of trade union organizations in criminal proceedings relating to crimes affecting their members; and (vi) take all necessary measures to ensure the continued monitoring role of the National Tripartite Committee and its subcommittee on implementation of the road map, taking into account the actions requested by that body in December 2019. The Committee requests the Government to keep it informed in this respect.
   • (c) Expressing its deep concern at the murder of a member of the trade union movement in 2022 and at the threats received by, among others, the General Secretary of the CUSG, the Committee once again urges the Government to take the necessary measures to: (i) ensure the effective functioning and strengthening of the Ministry of the Interior’s trade union committees and the reactivation of its Special Investigation Unit for the analysis of attacks against human rights advocates; (ii) establish regular dialogue between senior officials from the Ministry of the Interior and the National Tripartite Committee and its subcommittee on implementation of the road map; (iii) strengthen and systematize coordination between the Ministry of the Interior and the Public Prosecutor’s Office in the granting and handling of security measures for members of the trade union movement; and (iv) provide the necessary funds to ensure that all necessary security measures, especially personal measures, are granted as soon as possible to members of the trade union movement who may be at risk, without them having to incur costs for the upkeep of the officers assigned to protect them. The Committee requests the Government to keep it informed in this respect.
   • (d) The Committee once again draws the special attention of the Governing Body to the extremely serious and urgent nature of this case.