Rapport intérimaire - Rapport No. 411, Juin 2025

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. 281. The Committee has already examined the substance of this case on eight occasions, which was presented for the first time in 2007. The Committee last examined the case at its June 2024 meeting and on that occasion it submitted an interim report to the Governing Body [see 407th Report, paras 223 to 249]. 
2. 282. The Government of Guatemala sent its observations in communications dated 6 March and 8 April 2025.
3. 283. 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. 284. At its June 2024 meeting, the Committee made the following recommendations [see 407th Report, para. 249]:
   • (a) While welcoming the commitment shown by the State at the highest level to the protection of freedom of association and the actions taken in this respect, 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 urges the Government, in collaboration with the National Tripartite Committee and its subcommittee on implementation of the road map, to continue to take and intensify 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:
   • (c) Expressing its deep concern about the murder of a trade union leader in 2023, the Committee urges the Government to take, in coordination with all the competent authorities, the necessary steps to increase 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 requests the Government:
   • (d) The Committee draws the special attention of the Governing Body to the serious and urgent nature of this case.

B. The Government’s reply

1. 285. In communications dated 6 March and 8 April 2025, the Government recognizes the challenges posed and reaffirms its commitment to protect human rights, promote freedom of association and create a safe environment that allows it to be fully exercised. It indicates that in order to step up the investigation and prosecution of cases of violence against trade union leaders and members, a budget of US$1.7 million is set to be allocated to the Special Investigation Unit for Crimes against Judicial Officials and Trade Unionists in 2025. The Government states that the Special Investigation Unit in question continues to maintain the integrated case management model, which provides for the initial processing and commencement of an investigation within 24, 48 and 72 hours, in accordance with the guidelines contained in four instructions and two agreements which ensure that investigations must first of all establish whether a crime was committed as a consequence of the victim’s trade union activity and any other potential hypotheses formulated from the outset of the investigation.
2. 286. With regard to investigating, solving and punishing the numerous homicides of members of the trade union movement examined in the context of this case, the Government indicates that, according to data provided by the Public Prosecutor’s Office, 82 homicide cases had the following procedural outcomes: (i) 27 cases resulted in sentences (21 cases with convictions – in 1 of these cases an additional sentence was handed down in 2024, 5 cases with acquittals and 1 case with a security and correctional measure); (ii) in 6 cases criminal proceedings have expired; and (iii) 49 cases have been shelved in accordance with article 327 of the Code of Criminal Procedure. The Government also indicates that particular efforts are being made in 12 cases to achieve a prompt and timely procedural outcome (7 cases in which arrest warrants were issued, 5 cases at the intermediate stage, one of which relates to a murder committed in 2024, which is pending the establishment by the courts of the date for the opening of public hearings) and that 10 cases are still under investigation. Regarding these ten cases, the Government states that: (i) with respect to one murder that occurred in 2024, the proceedings were confidential as it was classified as a high-impact case; and (ii) investigative procedures were conducted in respect of the murders of Mr Julio César Solís Reyes, from the Union of Education Workers of Guatemala of the department of Jalapa, which occurred on 15 February 2024, and of Mr Ronaldo Geovanny Gómez Godoy, from the National Union of Health Workers of Guatemala of the department of Jutiapa, which occurred on 23 September 2024.
3. 287. With regard to the 35 cases of homicide reported by the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS) as having particular significance at its meeting on 7 February 2020, the Government indicates that: (i) in 7 cases, guilty verdicts have been handed down; (ii) in 3 cases, criminal proceedings have been dropped; (iii) 1 case was dismissed; (iv) in 4 cases, arrest warrants have been issued; (v) 1 case is under investigation by the Special Prosecutor’s Office against Impunity; and (vi) 19 cases have been shelved in accordance with section 327 of the Code of Criminal Procedure.
4. 288. The Government also states that, according to the Public Prosecutor’s Office, 5 cases involving the killing of members of the trade union movement were recorded in 2024. In this respect, the Government reaffirms its commitment to protecting trade unionists under threat and indicates that in 2024, through the Ministry of the Interior: (i) 81 security measures were granted to trade union leaders; and (ii) 160 investigations into threats against trade unionists were carried out. The Government also indicates that during the course of 2024 four meetings of the trade union technical committee of the Ministry of the Interior were held and one meeting of the CNTRLLS, where: (i) progress was made on the review of the protocol for protective measures for trade unionists, taking the contributions of the trade union sector into consideration; (ii) the need was raised to reform Ministerial Decision No. 288-2022 concerning the Special Investigation Unit for the analysis of attacks against trade union leaders and members; (iii) work was done on the updating of the emergency telephone line (1543) and on the analysis of patterns of violence and threats against trade unionists; and (iv) the issue of the reform of the National Civil Police Act was discussed.
5. 289. The Government also highlights the numerous actions taken by the Ministry of the Interior to launch a promotion campaign for the emergency telephone number (1543), with programmes to strengthen referral procedures for the hotline planned for 2025, as well as a more sustained awareness campaign. The Government adds that meetings are planned for the CNTRLLS, the Public Prosecutor’s Office and the Ministry of the Interior, according to agreements reached at the CNTRLLS on 23 January 2025.

C. The Committee’s conclusions

1. 290. The Committee recalls that the present case relates to numerous allegations of murders and acts of violence against trade union leaders and members, as well as impunity in that regard. The Committee notes that the Government reaffirms its commitment to protect human rights, promote freedom of association and create a safe environment that allows it to be fully exercised, while recognizing the challenges that exist in that regard.
2. 291. 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 due note of the Government’s statement that: (i) in order to step up the investigation and prosecution of cases of violence against trade union leaders and members, a budget of US$1.7 million is set to be allocated to the Special Investigation Unit for Crimes against Judicial Officials and Trade Unionists in 2025; and (ii) the Special Investigation Unit in question continues to maintain the integrated case management model, which provides for the initial processing and commencement of an investigation within 24, 48 and 72 hours, in accordance with the guidelines contained in four instructions and two agreements which ensure that investigations must first of all establish whether a crime was committed as a consequence of the victim’s trade union activity and any other potential hypotheses formulated from the outset of the investigation; and (iii) as agreed in January 2025, meetings are planned for the CNTRLLS, the Public Prosecutor’s Office and the Ministry of the Interior throughout the year.
3. 292. The Committee goes on to note the updates provided by the Government regarding the outcomes of the investigation and punishment of the perpetrators of the homicides of members of the trade union movement examined in the context of this case. The Committee notes that the Government refers to the situation of 102 homicides, indicating that 82 cases had the following procedural outcomes: (i) 27 cases resulted in sentences (21 cases with convictions – in 1 of these cases an additional sentence was handed down in 2024, 5 cases with acquittals and 1 case with a security and correctional measure); (ii) in 6 cases criminal proceedings have expired; and (iii) 49 cases have been shelved in accordance with article 327 of the Code of Criminal Procedure. The Government also indicates that particular efforts are being made in 12 cases to achieve a prompt and timely procedural outcome (7 cases in which arrest warrants were issued, 5 cases at the intermediate stage, one of which relates to a murder committed in 2024, which is pending the establishment by the courts of the date for the opening of public hearings) and that 10 cases are still under investigation.
4. 293. With regard specifically to the 35 cases of homicide reported by the CNTRLLS as having particular significance at its meeting on 7 February 2020, the Committee notes that the Government indicates that: (i) in 7 cases, guilty verdicts have been handed down; (ii) in 3 cases, criminal proceedings have been dropped; (iii) 1 case was dismissed; (iv) in 4 cases, arrest warrants have been issued; (v) 1 case is under investigation by the Special Prosecutor’s Office against Impunity; and (vi) 19 cases have been shelved in accordance with section 327 of the Code of Criminal Procedure.
5. 294. The Committee takes due note of the reaffirmation by the Government of its commitment to protect freedom of association and of the elements provided in relation to the ongoing efforts of the competent institutions to investigate and punish the numerous homicides of members of the trade union movement. The Committee notes in particular the amount envisaged for the 2025 budget of the Special Investigation Unit for Crimes against Judicial Officials and Trade Unionists (US$1.7 million as compared with US$1,654 million for 2024 and US$1,288 million for 2022). At the same time the Committee observes with deep concern that: (i) the number of homicides of members of the trade union movement with convictions that have resulted in guilty verdicts remains unchanged since last year and there are no indications that significant procedural progress has been made during this period, for either the older cases of homicide or for the more recent ones (with the exception of a homicide committed in 2024 which is pending the establishment by the courts of the date for the opening of public hearings); (ii) there is no information to say that and that the arrest warrants mentioned in previous years have been executed; and (iii) the vast majority of the many homicides of members of the trade union movement recorded consequently have still not resulted in convictions and only a small number of the unresolved cases are currently being prosecuted or investigated.
6. 295. While it recognizes the particular difficulties involved in shedding light on older cases of homicide, 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].
7. 296. In the light of the above, the Committee 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 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.
8. 297. Regarding the protection of members of the trade union movement who may be at risk (recommendation (c)), the Committee notes the Government’s statements that, in 2024, through the Ministry of the Interior: (i) 81 security measures were granted to trade union leaders; and (ii) 160 investigations into threats against trade unionists were carried out. The Committee also notes the Government’s indication that during the course of 2024, four meetings of the trade union technical committee of the Ministry of the Interior were held and one meeting of the CNTRLLS, where: (i) progress was made on the review of the protocol for protective measures for trade unionists, taking the contributions of the trade union sector into consideration; (ii) the need was raised to reform Ministerial Decision No. 288-2022 concerning the Special Investigation Unit for the analysis of attacks against trade union leaders and members; (iii) work was done on the updating of the emergency telephone line (1543) and on the analysis of patterns of violence and threats against trade unionists; and (iv) the issue of the reform of the National Civil Police Act was discussed. Lastly, the Committee notes the Government’s indication that the Ministry of the Interior envisages for 2025 a series of actions to strengthen the effectiveness of the emergency telephone line.
9. 298. While it takes due note of these elements, the Committee notes with deep concern the Government’s indication that, according to the Public Prosecutor’s Office, five new cases involving homicides of members of the trade union movement were recorded in 2024, which constitutes a significant increase in the number of victims as compared to previous years. Recalling 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], 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, in consultation with the trade union movement and with the participation of the social partners to identify, 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.
10. 299. Recalling 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, the Committee, while it is encouraged by the commitment shown by the State at the highest level to the protection of freedom of association and the previously described actions taken, requests the Government to give due consideration to the points raised in these conclusions and to take all necessary steps to achieve tangible progress soon.

The Committee’s recommendations

1. 300. In the 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. 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.