Rapport intérimaire - Rapport No. 415, Juin 2026

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. 156. The Committee has already examined the substance of this case, which was presented for the first time in 2007, on a number of occasions. The Committee last examined the case at its June 2025 meeting and on that occasion it submitted an interim report to the Governing Body [see 411th Report, paras 281 to 300]. 
2. 157. The Government of Guatemala sent its observations in two communications dated 8 October 2025 and 14 April 2026.
3. 158. 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. 159. At its June 2025 meeting, the Committee made the following recommendations [see 411th Report, para. 300]:
   • (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 is encouraged by the commitment shown by the State at the highest level to the protection of freedom of association and the actions taken in that respect and expects that they will soon lead to tangible progress.
   • (b) The Committee once again urges the Government and all the competent authorities to continue taking and intensifying the necessary measures to ensure the effective investigation of all acts of violence against trade union leaders and members, in order to determine the motives, responsibilities and punish the perpetrators and instigators of the acts, taking the trade union activities of the victims fully into consideration in the investigations. In particular, the Committee urges the Government: (i) to continue to ensure that the resources allocated to the Special Investigation Unit allow it to solve cases more effectively, both older and more recent ones; (ii) to guarantee the strengthening of inter-institutional coordination, in particular between the Public Prosecutor’s Office, the Ministry of the Interior, the National Police and the judicial authorities, so that murders of members of the trade union movement are the subject of integrated and priority action; and; (iii) to ensure that regular meetings continue to be held between the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS) and the Public Prosecutor’s Office, on the one hand, and the Public Prosecutor’s Office and the trade union organizations, on the other, with a view to fostering ongoing collaboration and a comprehensive approach to dealing with cases. The Committee requests the Government to keep it informed in this respect.
   • (c) The Committee again urges the Government to take, in coordination with all the competent authorities, the necessary steps to increase significantly the effectiveness of measures to prevent anti-union violence and to protect members of the trade union movement who may be at risk. In particular, the Committee urges the Government: (i) by means of coordinated efforts of the Ministry of the Interior, the National Civil Police, the Public Prosecutor’s Office and the Ministry of Labour and Social Welfare, to identify, in consultation with the trade union movement and with the participation of the social partners, taking into consideration the content of the sentences already pronounced, the main risk areas for anti-union violence at the regional and sectoral levels, with a view to taking effective preventive measures; (ii) to ensure, including by adopting a revised protocol for protective measures for trade unionists and strengthening the 1543 emergency line, the functioning of effective mechanisms for immediate response in cases of anti-union violence or threats of anti-union violence; and (iii) to ensure that regular dialogue between the CNTRLLS and the Ministry of the Interior on measures taken to prevent and mitigate acts of anti-union violence is strengthened. The Committee requests the Government to keep it informed in this regard.
   • (d) The Committee draws the special attention of the Governing Body to the seriousness and urgent nature of this case.

B. The Government’s reply

1. 160. In its communications dated 8 October 2025 and 14 April 2026, the Government reaffirms its commitment to the protection and effective promotion of freedom of association, and provides information and updates on the measures taken to investigate the acts of anti-union violence reported in connection with the present case and to protect members of the trade union movement who are at risk.
2. 161. With regard to the adoption and intensification of measures to ensure the effective investigation of acts of violence against trade union leaders and members (recommendation (b)), the Government states that genuine efforts have been made in judicial proceedings to resolve the various pending cases. It indicates that 86 homicide cases had the following procedural outcomes: (i) 28 cases resulted in 41 sentences (29 convictions, 11 acquittals and 1 sentence with security and correctional measures); (ii) the criminal proceedings were terminated in 5 cases due to the deaths of the persons accused; and (iii) 53 cases have been shelved in accordance with article 327 of the Code of Criminal Procedure.
3. 162. With respect to coordination among the various competent authorities responsible for addressing anti-union violence, the Government indicates that on 24 June 2025 a meeting was held between the Ministry of the Interior and the Ministry of Labour and Social Welfare, in which the Ministry of the Interior insisted on receiving all relevant information regarding threatened trade unionists in a timely manner, as well as obtaining the list of homicides held by the trade union organizations.
4. 163. The Government adds that the Trade Union Technical Committee of the Public Prosecutor’s Office was restarted and held two meetings in May and August 2025, during which it was proposed that the training sessions for prosecutors on General Directive No. 1-2015 on the investigation and effective criminal prosecution of crimes against workers, trade unionists and members of workers’ organizations and other defenders of labour rights should be held again, and the need to obtain the information held by the trade union organizations was highlighted. The Government states that the Public Prosecutor’s Office tried to schedule additional meetings of the Trade Union Technical Committee and is committed to maintaining contact and pursuing dialogue in order to ensure that activities continue.
5. 164. With regard to the adoption of measures to prevent anti-union violence and to protect members of the trade union movement who may be at risk (recommendation (c)), the Government states that the main areas affected by anti-union violence in the country are identified through complaints of threats, disrespect and neglect of duties towards trade unionists, abuse and workplace harassment by employers and the suppression of trade union activities. It also states that in November 2025 the Criminal Analysis Service of the Public Prosecutor’s Office developed a geographical evaluation instrument entitled “Violent deaths of justice system workers and trade unionists”, which has proved vital in providing a visual indicator of the areas most affected by anti-union violence in the country and in organizing preventive measures.
6. 165. The Government also states that the Ministry of the Interior is in the process of establishing a mechanism for cooperation and coordination with the Public Prosecutor’s Office, specifically the Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists, in order to facilitate the exchange of information and operational coordination in real time for the investigation and prosecution of those responsible for threats, with a view to reducing impunity and ensuring that each complaint is handled promptly and effectively.
7. 166. The Government also states that the Ministry of the Interior finalized the review and modification of the new protocol of measures for prevention, protection and immediate response for human rights defenders and trade unions, which has been updated to bring it into line with the highest international standards for human rights and the protection of human rights defenders and trade unionists. It has been adapted to the current context of threats and risks in Guatemala, reflecting a more robust preventive approach. It maintains that the protocol was developed through a participatory and transparent process, which involved collaboration and ongoing dialogue with trade union representatives and experts from the Personal Protection and Safety Division of the National Civil Police.
8. 167. The Government also states that the above-mentioned protocol broadens the concept of protection to cover not only leaders and directors but also unionized workers under threat and physical spaces where trade union activities take place. It states that the protocol is currently in the process of being approved by the Directorate-General of the National Civil Police and, once approved, the Personal Protection and Safety Division of that institution will be responsible for its implementation.
9. 168. With regard to the 1543 emergency telephone line, the Government indicates that in 2024 the Ministry of the Interior launched an awareness campaign to promote the hotline, designed to respond to threats against human rights defenders and trade unionists, and communicates regularly with trade union organizations to broaden the scope of the campaign and ensure that the message reaches the most vulnerable communities. It states that the number of complaints received through the emergency line has risen from 4 in 2024 to 41 in 2025. The Government also indicates that in 2025, on the basis of a risk analysis, the Ministry of the Interior granted perimeter protection measures to four leaders of the Association of Domestic, Home and Maquila Workers (ATRAHDOM) and the Union of Domestic, Maquila, and Related Workers (SITRADOM).
10. 169. Furthermore, the Government states that it is promoting regular dialogue between the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS) and the Ministry of the Interior on measures to prevent and mitigate anti-union violence. It also indicates that the Ministry of the Interior has no specific budgetary provision to cover living expenses for the National Civil Police officers providing personal security services and is consequently considering the possibility of proposing the establishment of a regulation or an agreement to provide for the allocation of funds for this purpose.

C. The Committee’s conclusions

1. 170. The Committee recalls that this case concerns numerous cases of murder and acts of violence against trade union leaders and members, as well as impunity in that regard.
2. 171. With regard to the adoption and intensification of measures to ensure the effective investigation of acts of violence against trade union leaders and members (recommendation (b)), the Committee takes note of the updated information provided by the Government on the results obtained regarding the homicides of members of the trade union movement examined in the present case. It notes the Government’s indication that 86 homicide cases had the following procedural outcomes: (i) 28 cases resulted in 41 sentences (29 convictions, 11 acquittals and 1 sentence with security and correctional measures); (ii) the criminal proceedings were terminated in 5 cases due to the deaths of the persons accused; and (iii) 53 cases have been shelved in accordance with article 327 of the Code of Criminal Procedure. With regard to the other cases of homicide of members of the trade union movement that are either at an intermediate stage of legal proceedings or still under investigation, the Committee observes that the information provided does not indicate any developments with respect to the information provided for the previous examination of the case.
3. 172. The Committee also notes the Government’s indication that: (i) genuine efforts have been made in judicial proceedings to resolve the various pending cases; and (ii) the Trade Union Technical Committee of the Public Prosecutor’s Office was restarted and held two meetings in May and August 2025, during which it was proposed that the training sessions for prosecutors on General Directive No. 1 2015 should be held again and the need to access the information held by the trade union organizations was highlighted.
4. 173. The Committee also recalls that, in its examination of Case No. 3505 in March 2026, it deplored the murder of the municipal trade union leader Ms Romelia Velásquez Funes, which occurred in September 2025, and requested the Government to provide, in the context of the present case, information on the measures taken to guarantee an effective investigation into the murder so that the perpetrators and instigators may be punished. The Committee reiterates its request in this respect.
5. 174. The Committee takes due note of the information provided by the Government regarding the efforts made by the competent institutions to investigate and punish the numerous homicides of members and leaders of the trade union movement examined in the context of this case. The Committee notes that, since its previous examination of the present case in June 2025, the number of homicides that resulted in sentences rose from 27 to 28, while the number of convictions handed down went from 21 to 29 (given that certain homicides resulted in several convictions). While taking due note of the changes in these figures, the Committee observes with deep concern that the majority of the reported homicides remain unresolved, that the number of cases that have been closed went from 49 to 53 and that no procedural developments have been reported in respect of homicide cases that were at an intermediate stage. Although it recognizes the particular difficulties involved in shedding light on older homicide cases, the Committee recalls once again that it is important that investigations into the murders of trade unionists should yield concrete results in order to determine reliably 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 of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 96).
6. 175. In light of the above, the Committee once again urges the Government and all the competent authorities to continue taking and intensifying the necessary measures to ensure the effective investigation of all acts of violence against trade union leaders and members, in order to determine the motives and responsibilities and to punish the perpetrators and instigators of the acts, taking the trade union activities of the victims fully into consideration in the investigations. In particular, the Committee urges the Government: (i) to continue to ensure that the resources allocated to the Special Investigation Unit allow it to be more effective in solving cases, both older and more recent ones; (ii) to continue to strengthen inter-institutional coordination, in particular between the Public Prosecutor’s Office, the Ministry of the Interior, the National Police and the judicial authorities, in order to ensure that the homicides of members of the trade union movement are dealt with in an integrated manner and as a matter of priority; and (iii) to continue to promote regular dialogue and cooperation between the Public Prosecutor’s Office and the trade union organizations, including through the exchange of relevant information, with a view to facilitating the investigation of those homicides. The Committee requests the Government to keep it informed in this respect. With a view to enhancing the effectiveness of the ongoing investigations, the Committee further invites the Government to consider the possibility of requesting the assistance of the Office in order to benefit from the technical advice of public prosecutors’ offices in other ILO Member States.
7. 176. With regard to the measures to prevent anti-union violence and to protect members of the trade union movement who may be at risk (recommendation (c)), the Committee notes the Government’s indication that: (i) in November 2025, the Criminal Analysis Service of the Public Prosecutor’s Office developed a geographical evaluation instrument entitled “Violent deaths of justice system workers and trade unionists” in order to have a visual indicator of the areas most affected by anti-union violence in the country and to organize the relevant preventive measures; (ii) the Ministry of the Interior is in the process of establishing a coordination mechanism with the Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists of the Public Prosecutor’s Office in order to facilitate the exchange of information and operational coordination in the investigation and prosecution of those responsible for threats; (iii) the Ministry of the Interior completed the revision of the protocol of measures for prevention, protection and immediate response for human rights defenders and trade unions, which broadens the concept of protection to all unionized workers under threat and to the physical spaces where trade union activities take place, and which will be implemented by the Personal Protection and Safety Division of the National Civil Police; (iv) the Ministry of the Interior communicates regularly with the trade union organizations to extend the coverage of an awareness campaign launched in 2024 to promote awareness of the 1543 emergency line, which received 41 complaints in 2025 after having received 4 in 2024; (v) personal protection measures were granted to four leaders of the ATRAHDOM and the SITRADOM in 2025; (vi) regular dialogue is being promoted between the Ministry of the Interior and the CNTRLLS on measures to prevent and mitigate anti-union violence; and (vii) insofar as the Ministry of the Interior has no specific budgetary provision to cover living expenses for the National Civil Police officers providing personal security services, the possibility is being considered of proposing the establishment of a regulation or an agreement to provide for the allocation of funds for this purpose.
8. 177. The Committee welcomes the actions taken by the Government to prevent acts of anti-union violence and to improve the protection of members of the trade union movement who may be at risk, in particular the adoption of the new protocol of measures for prevention, protection and immediate response for human rights defenders and trade unions. The Committee also takes due note of the development by the Public Prosecutor’s Office of an instrument for the geographical evaluation of acts of anti-union violence. At the same time, the Committee observes with deep concern the mentioned murder of Ms Velásquez Funes in September 2025. In this regard, the Committee once again recalls 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 it is for governments to ensure that this principle is respected [see Compilation, para. 84].
9. 178. In light of the above, the Committee urges the Government, in coordination with all the competent authorities, to continue to adopt and expand the necessary measures to increase significantly the effectiveness of measures to prevent anti-union violence and to protect members of the trade union movement who may be at risk. The Committee specifically urges the Government: (i) in consultation with the trade union movement and with the participation of the social partners, and taking into account the content of the judgments already handed down, to continue to strengthen the instrument to evaluate the main risk areas for anti-union violence, not only at regional level but also at sectoral level, with a view to taking targeted and effective preventive measures; (ii) to ensure, including through the implementation of the new protocol of measures for prevention, protection and immediate response for human rights defenders and the use of the 1543 emergency line, the functioning of effective mechanisms for immediate response in cases of anti-union violence or threats of anti-union violence; (iii) to keep it informed about the possible establishment of a coordination mechanism between the Ministry of the Interior and the Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists of the Public Prosecutor’s Office, and about the possible establishment of a regulation or an agreement to facilitate the provision of personal security services; and (iv) to continue to ensure that regular dialogue is strengthened between the CNTRLLS and the Ministry of the Interior on measures taken to prevent and mitigate acts of anti-union violence. The Committee requests the Government to keep it informed in this respect.
10. 179. The Committee also recalls that the persistence of anti-union violence and the corresponding situation of impunity form part of the allegations in the complaint submitted against Guatemala in June 2023 under article 26 of the ILO Constitution by a number of delegates to the International Labour Conference. While it is encouraged by the concrete actions described above taken by the Government, the Committee requests it to give due consideration to the points raised in these conclusions in order to continue making tangible progress as soon as possible.

The Committee’s recommendations

1. 180. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) While acknowledging the efforts made by the Government, the Committee, in view of the current situation, once again urges the Government and all the competent authorities to continue taking and intensifying the necessary measures to ensure the effective investigation of all acts of violence against trade union leaders and members, in order to determine the motives and responsibilities and to punish the perpetrators and instigators of the acts, taking the trade union activities of the victims fully into consideration in the investigations. In particular, the Committee urges the Government: (i) to continue to ensure that the resources allocated to the Special Investigation Unit allow it to be more effective in solving cases, both older and more recent ones; (ii) to continue to strengthen inter-institutional coordination, in particular between the Public Prosecutor’s Office, the Ministry of the Interior, the National Police and the judicial authorities, in order to ensure that the homicides of members of the trade union movement are dealt with in an integrated manner and as a matter of priority; and (iii) to continue to promote regular dialogue and cooperation between the Public Prosecutor’s Office and the trade union organizations, including through the exchange of relevant information, with a view to facilitating the investigation of those homicides. The Committee requests the Government to keep it informed in this respect. With a view to enhancing the effectiveness of the ongoing investigations, the Committee further invites the Government to consider the possibility of requesting the assistance of the Office in order to benefit from the technical advice of public prosecutors’ offices in other ILO Member States.
   • (b) The Committee urges the Government, in coordination with all the competent authorities, to continue to adopt and expand the necessary measures to increase significantly the effectiveness of measures to prevent anti-union violence and to protect members of the trade union movement who may be at risk. The Committee specifically urges the Government: (i) in consultation with the trade union movement and with the participation of the social partners, and taking into account the content of the judgments already handed down, to continue to strengthen the instrument to evaluate the main risk areas for anti-union violence, not only at regional level but also at sectoral level, with a view to taking targeted and effective preventive measures; (ii) to ensure, including through the implementation of the new protocol of measures for prevention, protection and immediate response for human rights defenders and the use of the 1543 emergency line, the functioning of effective mechanisms for immediate response in cases of anti-union violence or threats of anti-union violence; (iii) to keep it informed about the possible establishment of a coordination mechanism between the Ministry of the Interior and the Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists of the Public Prosecutor’s Office, and about the possible establishment of a regulation or an agreement to facilitate the provision of personal security services; and (iv) to continue to ensure that regular dialogue is strengthened between the CNTRLLS and the Ministry of the Interior on measures taken to prevent and mitigate acts of anti-union violence. The Committee requests the Government to keep it informed in this respect.
   • (c) The Committee once again requests the Government to provide information on the measures taken to ensure an effective investigation into the murder of Ms Romelia Velásquez Funes, so that the perpetrators and instigators may be punished.
   • (d) The Committee draws the special attention of the Governing Body to the serious and urgent nature of this case.