Informe provisional - Informe núm. 415, Junio 2026

Caso núm. 3461 (Guatemala) - Fecha de presentación de la queja:: 13-DIC-23 - Activo

Allegations: the complainants allege serious violations of freedom of association perpetrated by the University of San Carlos de Guatemala (USAC)

1. 181. The complaint is contained in a communication by the Confederation of Workers of the Universities of the Americas (CONTUA), dated 13 December 2023, and in an additional communication by Public Services International (PSI), of 18 August 2025.
2. 182. The Government sent its observations in communications dated 15 April 2024, 8 May, 14 July, 2 October and 12 November 2025, and 14 January and 8 April 2026.
3. 183. 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. The complainants’ allegations

1. 184. In its communication dated 13 December 2023, CONTUA alleges that the election of the rector of the University of San Carlos de Guatemala (USAC), for the period 2022–26, was marred by fraud and that, in this context, a peaceful protest was launched through the occupation of university premises, led by students and supported by teachers, social organizations and the Union of Workers of the University of San Carlos de Guatemala (STUSC). The complainant alleges that, after the campus premises were handed over in June 2023, the rector filed a criminal complaint against students, teachers and union leaders, charging them with serious crimes such as aggravated misappropriation, looting of cultural property, sedition and unlawful association. In this regard, it alleges that on 16 November 2023 more than 31 arrest warrants and searches were executed, including six against the STUSC leadership. The measures included the detention and imprisonment of the STUSC union leader, Mr Martín Jorge Macario, suspension of wages and opening of disciplinary proceedings against the STUSC leadership, as well as threats and attempts to dismantle the trade union through pressure to give up membership. According to the complainant, these actions represent the turning of the union protest into a matter for the courts and systematic anti-union discrimination within a university that enjoys great strategic and political power, in a national context marked by the 2023 general elections and pressure exercised by various actors to prevent the inauguration of the new Government.
2. 185. In its communication dated 18 August 2025, the PSI alleges the persistent nature of facts which constitute serious and continuous violations of freedom of association by the USAC. It alleges anti-union practices consisting of pressure to give up membership, dismissals and reprisals against workers and union leaders – including the non-hiring of leaders with union rights and the dismissal of the former STUSC Secretary-General, Mr Pedro Pérez, the non-observance of the collective agreement through the retention of trade union contributions, and the absence of willingness for dialogue on the part of the university authorities.

B. The Government’s response

1. 186. In its communications of 15 April, 8 May and 14 July 2025, the Government provides information relating to the voluntary conciliation proceedings accepted by CONTUA and the Government, which had initially given rise to the suspension of the substantive examination of the present case by the Committee. The Government notes in particular that: (i) the Ministry of Labour and Social Welfare called a dialogue forum, planned for 18 June 2025, with the aim of promoting an agreed solution; (ii) the USAC declined to participate, arguing that the proposed topics exceeded what had previously been agreed, that certain decisions were the responsibility of the Higher University Council, and that the applicable collective agreement was at the judicial headquarters. The meeting was held without the University being present, and (iii) faced with this situation, the STUSC agreed to exhaust the conciliation channel.
2. 187. In its communications of 2 October and 12 November 2025, as regards the administrative measures imposed by the Labour Inspectorate General relating to the complaints registered for withdrawal from membership, suspension of wages and depriving the union of knowledge, the Government refers to various judgments against the USAC authorities, regarding which legal measures were issued for non-compliance, corresponding to the period 2022–25, including 27 administrative sanctions placed on the USAC employers’ body. As regards the non-hiring of staff with legal actions taken against the University, and the question of reductions in the union dues as per the collective agreement, the Government indicates that, according to the University, this decision was taken by the highest University authority, and that the collective agreement is being annulled in the courts.
3. 188. In its communication of 14 January 2026, in relation to the presumed acts of reprisal linked to the exercise of union activities against six officials and former officials of the STUSC, the Government indicates that it requested from the Public Prosecutor’s Office information, in compliance with the principles of interinstitutional coordination and unbiased verification of the information. In this respect, the Public Prosecutor’s Office stated that, following the review carried out in the books where new complaints, corresponding to 2024 and 2025, are registered, specifically in the Criminal Prosecutor’s Office against legal officials and trade unionists, no investigation file was found for a complaint lodged by the STUSC.
4. 189. Finally, in its communication of 8 April 2026, the Government indicates, as regards the situation of the union official, Mr Martín Jorge Macario, who has been detained and imprisoned, and the procedural follow-up to the corresponding case, that the criminal hearings referred to are under way, under the supervision of the Public Prosecutor’s Office, within the framework of the guarantees of due process and pursuant to the procedural rules in force. It indicates that if the details of the hearings are disclosed, this could compromise the effective development of the investigation, the integrity of the means of proof and the security of the participants. According to the Government, it must be considered that, within the exercise of its constitutional autonomy, the USAC has particular institutional features which impact the handling of the information linked to the case, which strengthens the need to safeguard certain extremes of the criminal proceedings at this stage. In addition, the Government notes that this is a case with a high level of media exposure, in which civil society and international organizations have identified irregular patterns and pressure which have impeded actions by the Executive Authority as well as investigation procedures specific to the Public Prosecutor’s Office, which increases the risks associated with the premature disclosure of information, due to the multiple social aspects involved in the case.

C. The Committee’s conclusions

1. 190. The Committee notes that this claim refers to allegations of a series of violations of freedom of association perpetrated in a context of strong internal tensions at the University of San Carlos de Guatemala (USAC), the main public university in the country, resulting from the process of electing the rector for the period 2022–26, a process which the complainants consider to be marred by irregularities, and in the face of which peaceful protests by students have emerged with the support of teachers, social organizations and the Union of Workers of the University of San Carlos de Guatemala (STUSC), and which at the time gave rise to reprisal measures against unionists and officials of that organization.
2. 191. The Committee takes note of the allegations according to which, following the end of the occupation of the university campus in June 2023, the university authorities are alleged to have filed criminal cases against various STUSC officials, charging them with serious crimes, and that these cases resulted, in particular, in arrest warrants and searches, carried out on 16 November 2023, as well as the detention and imprisonment of the union official, Mr Martín Jorge Macario.
3. 192. The Committee notes that the Ministry of Labour and Social Welfare and CONTUA decided to launch voluntary conciliation proceedings in relation to the present case which, in accordance with the rules adopted by the Committee, gave rise to the suspension of the substantive examination of the case by the Committee. The Committee notes the indication by the Government that the proceedings in question could not develop fully owing to the USAC’s refusal to participate in the dialogue forum, following which the STUSC exhausted the conciliation channel. The Committee regrets to note that the social dialogue mechanisms put in place by both parties have proven to be ineffective as they have not enjoyed the cooperation of the USAC management.
4. 193. The Committee notes that the allegations refer to presumed acts of anti-union reprisals following the election of the USAC rector and the occupation of the University which occurred subsequently. In that regard, the Committee notes that it is not responsible for making a judgement on the situation which led to the occupation of the USAC, but only on the allegations of specific anti-union acts contained in the complaint.
5. 194. Regarding the situation of six STUSC officials and former officials, against whom, according to the complainants, detention orders and searches would have been issued in November 2023, the Committee observes that the Government simply indicated that, after consulting the Public Prosecutor’s Office, no investigation files were located resulting from complaints lodged by the STUSC in the registers corresponding to 2024 and 2025. The Committee notes that this information does not refer to the allegations and concerns raised by the complainants and requests the Government to provide specific information about the six STUSC officials mentioned above.
6. 195. In relation to the situation of the union official, Mr Martín Jorge Macario, who was detained and imprisoned following the end of the occupation of the university campus, the Committee notes that the Government indicates, that in view of the information gathered from the judicial authority, that the criminal proceedings are in progress, respect for due process is invoked together with the risks associated with the disclosure of information in a case subject to a high level of media exposure, for which reason more details cannot be provided. In this regard, the Committee recalls that while persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of the ordinary criminal law, the arrest of, and criminal charges brought against, trade unionists may be based only on legal requirements that in themselves do not infringe the principles of freedom of association [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paragraph 133]. The Committee requests the Government to communicate as soon as possible any information concerning the situation of Mr Martín Jorge Macario, and to inform it of the outcome of his criminal trial.
7. 196. The Committee further notes the allegations relating to labour reprisal measures adopted by the University against workers and union officials following the occupation of the campus (suspension of wages, opening of disciplinary proceedings, dismissals and pressure to give up union membership). The Committee notes that in this regard the Government indicates various proceedings against the USAC authorities, concerning which legal measures were issued for non-compliance, corresponding to the period 2022–25, including 27 administrative sanctions against the USAC employers’ body. While it notes that the information provided does not allow it to be determined precisely whether all these measures relate to the allegations of anti-union acts in the present case, the Committee trusts that all the administrative and court proceedings resulting from the complaints presented by the STUSC will be examined and resolved without delay, and that those proceedings contribute to complete observance of freedom of association within the public university. The Committee requests the Government to keep it informed in that regard.
8. 197. The Committee notes that the PSI alleges that such anti-union practices are persistent and refers to the non-hiring of staff with trade union rights or with legal cases against the University, the abusive dismissal of the former STUSC Secretary-General, Mr Pedro Pérez, and the retention of union dues provided for in the relevant collective agreement. In relation to the dismissal of the former STUSC Secretary-General, Mr Pedro Pérez, the Committee requests the Government to adopt the measures necessary to conduct an independent investigation and, if it is found that his dismissal is due to an act of anti-union discrimination, that the relevant measures are adopted to guarantee that he is reinstated in his post. As regards the allegations relating to the other dismissed workers who are STUSC members, as well as the pressure to give up union membership, the Committee requests additional information from the complainant so as to have greater clarity as to the circumstances of the facts contained in the complaints. As regards the alleged retention of union dues provided for in the collective agreement, the Committee recalls that in a case in which the authorities had not transferred to the trade union concerned the dues that had been deducted from the wages of public officials, the Committee considered that trade union dues do not belong to the authorities, nor are they public funds, but rather they are an amount on deposit that the authorities may not use for any reason other than to remit them to the organization concerned without delay [see Compilation, paragraph 699]. Taking note of the information provided by the Government, according to which the collective agreement is currently the subject of court proceedings, the Committee requests the Government to provide information in that regard, with special attention to the collection of union dues.
9. 198. Noting the actions reported by the Government as part of the examination by the Governing Body of the complaint presented against Guatemala under article 26 of the ILO Constitution, the Committee requests the Government to increase its efforts to guarantee an environment free of violence, stigmatization or threats against unionized persons and to continue providing information on the progress of the investigations relating to the facts of the present case.

The Committee’s recommendations

1. 199. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to provide specific information on the situation of the six STUSC officials, against whom detention and search orders are alleged to have been issued in November 2023.
   • (b) The Committee requests the Government to communicate as soon as possible any information relating to the situation of the union official, Mr Martín Jorge Macario, who had initially been arrested and imprisoned, and to report on the outcome of his criminal trial.
   • (c) The Committee trusts that all the administrative and court proceedings resulting from complaints presented by the STUSC following the end of the occupation of the university campus will be examined and resolved without delay, and that those proceedings contribute to complete observance of freedom of association within the public university. The Committee requests the Government to keep it informed in that regard.
   • (d) The Committee requests the Government to adopt the measures necessary to conduct an independent investigation in relation to the dismissal of Mr Pérez, the former STUSC Secretary-General and, if it is found that his dismissal is due to an act of anti-union discrimination, that the relevant measures be adopted to guarantee that he is reinstated in his post.
   • (e) The Committee requests additional information from the STUSC concerning the allegations relating to the other dismissed workers who are members of that union, and also as regards the pressure to give up union membership so as to have greater clarity as to the circumstances of the alleged facts.
   • (f) Taking into account that the relevant collective agreement is currently the subject of judicial proceedings, the Committee requests the Government to provide information in that regard, with special attention to the collection of union dues
   • (g) Noting the actions reported by the Government as part of the examination by the Governing Body of the complaint presented against Guatemala under article 26 of the ILO Constitution, the Committee requests the Government to increase its efforts to guarantee an environment free of violence, stigmatization or threats against unionized persons and to continue providing information on the progress of the investigations relating to the facts of the present case.