Interim Report - REPORT_NO363, March 2012

CASE_NUMBER 2609 (Guatemala) - COMPLAINT_DATE: 24-OKT-07 - Active

Allegations: The complainant organization alleges numerous murders and acts of violence against trade unionists and acts of anti-union discrimination, and also obstacles to the exercise of trade union rights and social dialogue, denial of legal status to several unions and system failures leading to impunity with regard to criminal and labour matters

1. 574. The Committee last examined this case at its March 2011 meeting, when it presented an interim report to the Governing Body [see 359th Report, paras 580–646, approved by the Governing Body at its 310th Session (March 2011)].
2. 575. The Movement of Trade Unions, Indigenous Peoples and Agricultural Workers of Guatemala (MSICG) sent further information and new allegations in communications dated 24 February 2011 and 14 February 2012. Also, the Trade Union of Workers of Guatemala (UNSITRAGUA) forwarded new allegations in a communication dated 24 November 2011.
3. 576. The Government sent its observations in communications dated 27 May and 12 August 2010, and 30 May, 14 July, 30 September, 25 October and 24 November 2011.
4. 577. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 578. At its March 2011 meeting, the Committee made the following recommendations [see 359th Report, para. 646]:
   • (a) The Committee draws attention to the gravity of this case, given the numerous allegations of murder, attempted murder, assault and death threats, kidnappings, harassment and intimidation and blacklisting.
   • (b) With regard to the murder of trade union leaders and members, the Committee requests the complainant organization to clarify the facts as regards the cases of Mr Jaime Nery González and Mr Mario Caal so that the Government can provide information on how far the investigations have progressed. The Committee also urges the Government to provide information on the investigations into the murder of Mr Israel Romero Istacuy, Mr Diego Gustavo Chite Pu and Mr Sergio Alejandro Ramírez Huezo.
   • (c) With regard to the murder of trade unionists Ms Olga Marina Ramírez Sansé, Mr Víctor Alejandro Soyos Suret, Mr Luis Arnaldo Ávila and Mr Pedro Antonio García, the Committee urges the Government to order independent investigations without delay and to keep it informed of their outcome and of the criminal charges brought as a result.
   • (d) With regard to the injured workers of the Union of Small Traders and Assimilated Workers, the Committee requests the Government to keep it informed in detail of the outcome of the investigation under way and of the criminal charges brought in the matter.
   • (e) With regard to the death of a trade unionist following the use of excessive force, the Committee urges the Government to keep it informed in detail of the outcome of the investigation under way and of the criminal charges brought in the matter. The Committee also urges that independent investigations be undertaken into the allegations of attempted extrajudicial killings, death threats and injuries to union members. The Committee requests the Government to keep it informed in detail about these investigations and about the criminal charges brought as a result.
   • (f) With regard to the members of the National Health Union, the Committee urges the Government to order an independent investigation in the death threats received and to keep it informed in detail of the outcome of the investigation and of the criminal charges brought as a result.
   • (g) With regard to the attempted murder of Mr Julián Capriel Marroquín, the Committee requests the complainant organization to clarify the facts so that clear and precise information can be submitted on the incident.
   • (h) With regard to the alleged death threats against SITRABI and the Union of Workers of the Palo Gordo Sugar Refinery, the Committee urges the Government to send its observations on the matter without delay.
   • (i) With regard to the kidnapping and rape of Ms María Alejandra Vásquez, the Committee requests the complainant organization to provide it with additional information so that the Government can conduct an investigation into the matter.
   • (j) With regard to the alleged blacklisting of union members to prevent their being employed, the Committee urges the Government to conduct a thorough investigation of the allegations and to keep it informed of the outcome.
   • (k) With regard to the officers of the Union of Workers of the Municipality of Zacapa, the Committee urges the Government to keep it informed of the criminal proceedings and to order an investigation into whether the criminal charges were brought in connection with the trade union activities of the union officials referred to.
   • (l) With regard to the detailed allegations of harassment and intimidation cited by SITRAPETEN, the KCDA and the MSICG, the Committee urges the Government to send its observations on the subject without delay.
   • (m) With regard to the alleged violation of freedom of association in the Las Américas SA and Crown Plaza Guatemala hotels, the Committee requests the Government to keep it informed of the outcome of the investigation under way.
   • (n) With regard to the alleged violation of freedom of expression and of the right to bargain collectively in the Quetzal Port Enterprise, the Committee requests the Government to keep it informed of the outcome of the cases that are still awaiting a decision and to send it a copy of the rulings when they are handed down. Furthermore, the Committee will examine the matters relating to the company in the framework of Case No. 2341.
   • (o) With regard to the alleged denial of the right to organize and restrictions on the registration of trade unions as required by the national labour legislation, the Committee requests the Government to keep it informed of any decisions taken on the subject and of the recognition of unions once the errors in their documentation have been corrected.
   • (p) With regard to the orders for workers to be reinstated in the context of the collective dispute and the dismissal of members of the Union of Workers of the Municipality of Chimaltenango, the Committee requests the Government to keep it informed of the outcome of the decisions handed down by the judicial courts.
   • (q) The Committee draws the special attention of the Governing Body to this case because of the extreme seriousness and urgency of the matters dealt with therein.

B. Additional information and new allegations from the complainants

Additional information

1. 579. With regard to the murders of Mr Mario Caal and Mr Jaime Nery González, the complainant reiterates that the trade unionists were murdered in March 2008 and on 30 October 2008, respectively, and that they were involved in a labour dispute concerning the defence of their rights.
2. 580. With regard to the kidnapping and rape of Ms María Alejandra Vásquez, the complainant reiterates that on 6 January 2010 the deputy general secretary of the Union of Workers of the Winners enterprise was kidnapped, tortured and raped following the start of her union duties, which included submitting complaints to the enterprise regarding non-observance of the labour legislation.

New allegations

1. 581. In a communication dated 24 February 2011, the trade union indicates that the Guatemalan Institute for Trade Union, Indigenous, and Agricultural Research (INESICG), a body that provides technical and logistical support for the Movement of Trade Unions, Indigenous Peoples and Agricultural Workers of Guatemala (MSICG), conducted an investigation which gave it access to the trade union registers of the Ministry of Labour and Social Security and other official databases. According to the complainant, the investigation yielded information confirming the anti-union initiatives pursued as government policy:
   • – the rate of unionization in the country continues to decline every year and currently stands at only 2.2 per cent of the economically active population. This situation cannot be regarded as being a function of the economic cycle but is the result of a process whose constant feature has been obstruction of the exercise of freedom of association, especially in the main productive sectors;
   • – between 1947 and June 2010, a total of 55 per cent of trade unions were eliminated before they could consolidate, which points to a pattern of destruction of trade unionism in the context of industrial relations. Of all the unions that were eliminated, 42 per cent had been unable to register their first executive committee, 13 per cent had been unable to register their second executive committee and the remaining 45 per cent had been eliminated after registration of their second executive committee.
2. 582. The complainant emphasizes that, despite all the support given by the ILO supervisory bodies and the numerous technical assistance missions, the State still fails to show sufficient political will to combat anti-union violence and the impunity associated with it. As evidence of this, the complainant cites the serious acts of anti-union violence committed against union and labour rights defenders since 2007.
3. 583. In addition to the murders of trade union officials in 2009 referred to in the previous examination of the case, the complainant alleges the murders of the following persons:

   Union officials murdered in 2007

   • (1) Julio Cesar Ixcoy García, member of the executive committee of the Union of Workers of the Municipality of Miguel Pochuta, murdered on 11 November.
   • (2) Pedro Zamora, general secretary of the Union of Workers of the Puerto Quetzal Port Enterprise, murdered on 15 January in the context of a dispute with the employers relating to anti-union dismissals.
   • (3) Rosalio Lorenzo, official of the Moto-Taxi Union of Jalapa, murdered in April.

   Union members murdered in 2007

   • (1) Liginio Aguirre, member of the Health Workers’ Union of Guatemala, murdered on 20 December.
   • (2) Salvador del Cid, member of the Union of Workers of the Municipality of Acasaguastlán, murdered in March, in the context of public protest action led by the union in San Agustín Acasaguastlán.
   • (3) Licinio Trujillo, member of the Puerto Barrios branch of the Health Workers’ Union, murdered in December.
   • (4) Aníbal Ixcaquic, member of the Market Traders’ Union of Guatemala, murdered in February.
   • (5) Norma Sente Ixcaquic, member of the Market Traders’ Union of Guatemala, murdered in February.
   • (6) Matías Mejía, member of the National Action Front, murdered in February. At the time he was murdered, the worker was defending the natural resources of his community against the implementation of the canal project which formed part of the Plan Pueblo Panamá and was connected with the interests of the electricity supply companies operating in Guatemala.
   • (7) Juana Xoloja, member of the Agricultural Development Committee Association, murdered in March.

   Union officials murdered in 2008

   • (1) Armando Sánchez, adviser to the Traders’ Union of Coatepeque, murdered in December.
   • (2) Maura Antonieta Hernández, member of the executive committee of the prison service union (in the process of formation), murdered on 18 October.

   Union officials murdered in 2009

   • (1) Pedro Ramírez de la Cruz, director of the Office for the Defence of Indigenous Peoples in Las Verapaces and member of the National Council for Indigenous, Agricultural and People’s Matters, murdered on 29 November, days after participating in the submission of the draft Rural Development Act to Congress.
   • (2) Julio Pop Choc, branch official of the Health Workers’ Union, murdered on 19 September.
   • (3) Gilmer Orlando Borror Zet, official in the community of San Juan Sacatepéquez, murdered on 12 October.

   Union members murdered in 2009

   • (1) Willy Morales, member of the National Action Front, murdered on 13 February.
   • (2) Víctor Gálvez, member of the National Action Front, murdered on 24 October.
   • (3) Jorge Humberto Andrade, member of the National Action Front, murdered on 30 April.
   • (4) Adolfo Ich, member of the National Action Front, murdered on 27 September.

   Union officials murdered in 2010

   • (1) Evelinda Ramírez Reyes, president of the Resistance Front for the Defence of Natural Resources and People’s Rights, murdered on 13 January.
   • (2) Samuel Ramírez Paredes, general secretary of the Panchoy Banana Workers’ Union, murdered on 26 March.
   • (3) Juan Fidel Pacheco Coc, general secretary of the Migrant Workers’ Union, murdered on 31 July.
   • (4) Bruno Ernesto Figueroa, finance secretary of the integrated healthcare system sub branch of the National Health Workers’ Union of Guatemala, deceased on 10 August.

   Union members murdered in 2010

   • (1) Luis Felipe Cho, member of the Union of Workers of the Municipality of Santa Cruz, murdered on 6 March.
   • (2) Héctor García, member of the Hotel Las Americas SA and Allied Hotel Workers’ Union, murdered on 20 February.
4. 584. The complainant states that in 96 per cent of cases the murdered union officials and members and their organizations were engaged in a dispute involving demands relating to the exercise of union and labour rights, combating impunity and corruption or fighting for indigenous peoples’ rights to natural resources or land access. Hence there is good reason to believe that the murders were committed as reprisals intended to disrupt union action. According to the allegations, there was an alarming increase in murders of trade unionists and union rights defenders between 2007 and 2009. One hundred per cent of the murders were committed with firearms; 98 per cent occurred a few weeks after the start of actions in support of union and labour rights; and 75 per cent of victims had received threats in relation to the exercise of union rights. The complainant indicates that in none of the abovementioned cases have the perpetrators or instigators been identified, tried or sentenced.
5. 585. Furthermore, in its communication dated 24 November 2011, UNSITRAGUA denounces the murder of Mr Miguel Angel Felipe Sagastume, founder and former Secretary-General of the Finca El Real Workers’ Union, on 27 October 2011.
6. 586. As regards the violence against trade unionists, the complainant supplies a list of assaults and death threats against trade unionists – most of them MSICG members – that took place between 2008 and 2010 and emphasizes that the attacks have escalated, targeting trade unionists and also members of the MSICG policy board and the coordinator for women’s issues.
7. 587. Lastly, in its communication dated 14 February 2012, the complainant alleges that two trade union leaders, Ms Maria de los Angeles Ruano Almeda, leader of the MSICG policy board, and Ms Ingrid Migdalia Ruano, the coordinator of the MSICG women’s issues, were attacked on 7 November 2011. They have been bitten by their aggressor who tried to kidnap Ms Migdalia Ruano. The complainant indicates that on 8 November 2011 it has filed a criminal complaint urging for additional security measures and evidence gathering to identify the aggressor. These measures have been taken rather belatedly.
8. 588. Furthermore, the complainant alleges unjustified delays and a denial of justice. A number of MSICG members tried to obtain information, requesting documentation on the crimes committed against trade unionists and the status of criminal proceedings but were unable to obtain precise information. In addition, according to the allegations, there is no record of the murders of trade unionists in the database of the Public Prosecutor’s Office, which implies that, despite the filing of the complaints, these have not even been entered in that database, even though the Public Prosecutor’s Office is obliged to launch an inquiry automatically into any murder in the country, without the need for a complaint to be submitted. The complainant indicates that, according to a report submitted by the Human Rights Procurator on 15 February 2011, describing the cases of violence committed against human rights defenders which are currently under investigation, the Public Prosecutor’s Office is not investigating the murders that the MSICG has reported or the acts of violence reported by the union’s members. The report also reveals that, in the few cases which are being investigated, neither the perpetrators nor the instigators have been identified, tried or sentenced and, even worse, most of the cases are being dismissed, shelved or otherwise discarded by the Public Prosecutor’s Office.

C. The Government’s reply

1. 589. Palo Gordo Sugar Refinery Workers’ Union. In a communication dated 30 May 2011, the Government states, with regard to the threats made against the workers by the administrative manager, that the delegation of the general labour inspectorate of Mazatenango Suchitepequez consulted the members of the union executive committee at the Palo Gordo refinery, who indicated that no complaint had been filed, the issue had been dealt with in a joint committee and, following discussions with the employers, it had been agreed that working on 24 and 25 December would be optional. Moreover, the Government indicates that it requested information from sub-station 33-32 of the National Civil Police of San Antonio Suchitepequez, which stated that the administrative manager did not draw his weapon at any time but requested assistance in view of the presence of a group of workers at the main entrance of the Palo Gordo refinery, armed with sticks and stones and wearing balaclavas, who had been planning to attack the manager on his arrival at the refinery in his vehicle; for this reason he received support from the police. The Government adds that the manager himself stated that he had reached an agreement with the group of workers that mutual respect would be shown.
2. 590. Murder of Mr Marco Tulio Ramírez Portela, culture and sports secretary of the executive committee of the Izabal Banana Workers’ Union (SITRABI). In a communication dated 14 July 2011, the Government indicates that, according to information requested from the Department for Offences against Journalists and Trade Unionists at the Public Prosecutor’s Office, the file was received at the aforementioned Office on 12 October 2009 and the department followed the due procedures. The case is currently in the investigation phase at the General Secretariat of the Public Prosecutor’s Office since it has not been possible to identify the perpetrators of the crime.
3. 591. Murder of Mr Pedro Antonio García. In a communication dated 30 September 2011, the Government states that the case of the murder of Mr Pedro Antonio García, which is before the Municipal Prosecutor’s Office of Malacatán under file No. MP/180/2010228, is being investigated and the Committee will be informed of further developments.
4. 592. Deduction of payments by the municipality of Malacatán. The Government states that the economic and social dispute filed on 3 February 2009 against the municipality of Malacatán is being dealt with by the Labour and Social Security Court of First Instance of Malacatán. The workers requested the intervention of the general labour inspectorate on account of non-compliance with the collective accord in the form of deductions of payments and asked the administrative channels to be declared exhausted so as to continue their action before the Labour Court. The Government adds that on 16 February 2009 the first conciliation hearing was held and the hearings corresponding to this stage were suspended further to the filing of an amparo (protection of constitutional rights) appeal against the members of the conciliation tribunal. On 6 December 2010, the negotiation of the abovementioned accord resumed at the conciliation stage. On the same day, the conciliation channels were declared exhausted and the parties decided to submit the dispute to arbitration. The Government states that arbitration has not taken place owing to the fact that, according to a decision of 1 February 2011, prior to the arbitration tribunal the defendant must fulfil the provisions of section 398 of the Civil Code. To date, no request has been made by the parties that the arbitration procedure should continue.
5. 593. Threats and reprisals against Mr Germán Aguilar Abrego and his colleagues; disappearance of Mr Francisco del Rosario López Estrada. In a communication dated 24 November 2011, the Government states that information was requested from the Department for Offences against Journalists and Trade Unionists at the Public Prosecutor’s Office, which refers in detail to the procedures followed and establishes that the threatening phone calls to the persons named in the file were non-existent and so the complaint was dismissed by means of a decision of 14 May 2009. The Government adds that Mr Francisco del Rosario López Estrada has not disappeared but has been located in the department of El Petén.
6. 594. Murder of Mr Julián Capriel Marroquín. The Government states that the District Prosecutor’s Office of Chiquimula followed due procedures and reported that on 29 July 2009 the residence of Mr Zacarías Lemus – who was suspected of committing the murder (and subsequently died on 13 April 2010) – was searched for illegal weapons and vehicles. At present, the file is still at the investigation stage.
7. 595. Death threats against Ms Lesvia Morales and attempted murder of Mr Leocadio Juracán. In a communication dated 27 May 2010, the Government states that information was requested from the Municipal Prosecutor’s Office of Santiago Atitlán, which indicated that no complaint had been filed in relation to the alleged events. The Government requests that the complainant be asked to give details of the place where the complaint was filed so that it can take follow-up action.
8. 596. Murder of Ms Olga Marina Ramírez Sansé. In a communication dated 12 August 2010, the Government states that the Ministry of Labour and Social Security followed due procedures to establish the facts, requesting information from the Public Prosecutor’s Office, which stated that a complaint has been filed and this is at the investigation stage. There is also a complaint at the investigation stage which was filed on 10 February 2010 with the Departmental Branch of the Human Rights Procurator’s Office in Chiquimula. In a communication dated 24 November 2011, the Government adds that the District Prosecutor’s Office in Chiquimula has conducted various procedures, including drawing up ballistics reports and issuing summonses to the trade unionist’s brother, who commented at the time that Ms Ramírez Sansé was not a member of any union. The victim’s brother did not make an appearance in order to give a statement.
9. 597. Trade union rights in maquila enterprises. In a communication dated 24 November 2011, the Government provides information on closures of maquila (export processing zones) textile enterprises where there were indications of unions being set up:
   • – Textiles del Mundo SA: closed one of its two plants with the corresponding procedures.
   • – Dong Bang Industrial: an agreement was reached directly with the workers.
   • – Cambridge Industrial: the enterprise reached an agreement with 404 workers; 65 workers decided to exhaust administrative remedies and have recourse to the labour courts.
   • – Chuckie: an agreement was reached directly with the workers.
   • – Textiles del Mundo: an agreement was reached directly with the workers.
   • – Modas Doo Sol: the workers dropped their legal action after directly reaching an agreement.
   • – You Won Textiles: Y&P Textiles SA absorbed the labour liabilities of You Won Textiles through a change of management and began a new employment relationship with the workers.

D. The Committee’s conclusions

1. 598. The Committee recalls that in the present case the complainant alleges numerous murders and acts of violence against trade unionists and acts of anti-union discrimination, and also obstacles to the exercise of trade union rights and social dialogue, denial of legal status to several unions and system failures leading to impunity with regard to criminal and labour matters.

Previously examined allegations of violence

1. 599. With regard to the murders of union officials Mr Mario Caal and Mr Jaime Nery González (recommendation (b), first part, in its last examination of the case in March 2011), the Committee recalls that it requested the complainant organization to clarify the facts so that the Government could provide information on how far the investigations had progressed. The Committee notes the complainant’s indication that the trade unionists were murdered in March 2008 and on 30 October 2008, respectively, and that they were involved in a labour dispute for the defence of their rights. The Committee requests the complainant to indicate the location of the events and the judicial authority with which the complaint was filed, and to supply all information at its disposal.
2. 600. With regard to the murders of union official Mr Israel Romero Istacuy and trade unionists Mr Diego Gustavo Chite Pu and Mr Sergio Alejandro Ramírez Huezo (recommendation (b), second part), the Committee regrets that the Government has not provided any information in this respect. It therefore urges the Government once again to send information without delay on the investigations into these murders.
3. 601. With regard to the murders of trade unionists Ms Olga Marina Ramírez Sansé and Mr Pedro Antonio García (recommendation (c)), the Committee notes the Government’s statement that, in the case of Ms Ramírez Sansé, the Ministry of Labour and Social Security followed due procedures to establish the facts, requesting information from the Public Prosecutor’s Office, which indicated the existence of a complaint under investigation and also of a complaint under investigation before the Departmental Branch of the Human Rights Procurator’s Office in Chiquimula. Regarding the case of Mr Pedro Antonio García, the Committee notes the Government’s statement that it is at the investigation stage. However, the Committee regrets that the Government does not provide any information on the murders of Mr Víctor Alejandro Soyos Suret, member of the advisory board of the Union of Employees of the Criminal Investigation Directorate of the Public Prosecutor’s Office (SITRADICMP), and Mr Luis Arnaldo Ávila, member of the Union of Commercial Workers of Coatepeque. The Committee therefore requests the Government to keep it informed of the outcome of the investigations into the murders of Ms Olga Marina Ramírez Sansé and Mr Pedro Antonio García. The Committee urges the Government once again to conduct independent investigations without delay into the murders of Mr Víctor Alejandro Soyos Suret and Mr Luis Arnaldo Ávila, and to keep it informed of their outcome and the subsequent criminal proceedings.
4. 602. With regard to the attempted murder of the trade unionist Mr Julián Capriel Marroquín (recommendation (g)), the Committee notes the Government’s statement that: (1) the District Prosecutor’s Office of Chiquimula followed due procedures; (2) on 29 July 2009 the residence of Mr Zacarías Lemus – who was suspected of committing the murder (and subsequently died on 13 April 2010) – was searched for illegal weapons and vehicles; and (3) at present, the file is still at the investigation stage. The Committee requests the Government to keep it informed of the outcome of the investigation into the murder of Mr Julián Capriel Marroquín.
5. 603. With regard to the alleged death threats against the Palo Gordo Sugar Refinery Workers’ Union (recommendation (h)), the Committee notes the Government’s statement that: (1) the administrative manager did not draw his weapon at any time; (2) he requested assistance in view of the presence of a group of workers at the main entrance of the Palo Gordo refinery, armed with sticks and stones and wearing balaclavas, who had been planning, according to the Government, to attack the manager on his arrival at the refinery in his vehicle – for this reason he received support from the police; and (3) the manager himself reached an agreement with the group of workers that mutual respect would be shown.
6. 604. With regard to the alleged death threats against the SITRABI (recommendation (h)), the Committee regrets that the Government has not supplied any information. The Committee once again urges the Government to send its observations on the matter without delay.
7. 605. With regard to the kidnapping and rape of Ms María Alejandra Vásquez, the Committee recalls the Government’s previous statement that there were several complaints referring to persons with the same name and so the Committee had asked the complainant organization to provide it with additional information so that the Government could conduct an investigation into the matter (recommendation (i)). The Committee notes that the complainant repeats information which has already been supplied. The Committee therefore once again requests the complainant organization to send further information in this regard, such as the full name of the victim or the place where the complaint was filed, so that the Government can launch an investigation or provide information on any investigation already in progress.
8. 606. With regard to the murder of Mr Marco Tulio Ramírez Portela, culture and sports secretary of the executive committee of SITRABI, the Committee recalls that in a previous examination of the case it emphasized that the information supplied by the Government did not allow definitive conclusions to be reached, since it merely indicated that the motive for the murder was political rather than union related, and it requested the Government to send full information on this matter (see 355th Report, paras 860–862). The Committee notes the Government’s statement that: (1) the file concerning the murder of Mr Marco Tulio Ramírez Portela was received on 12 October 2009; (2) the department followed the due procedures; and (3) the case is currently in the investigation phase. The Committee requests the Government to keep it informed of the outcome of the investigation in progress.
9. 607. With regard to the threats and reprisals against Mr Germán Aguilar Abrego and his colleagues and the disappearance of Mr Francisco del Rosario López Estrada, the Committee recalls that, in a previous examination of the case, it urged the Government to ensure the physical safety of trade unionists who are threatened or harassed and of witness Mr Roberto Dolores and to confirm the whereabouts of the allegedly missing Mr Francisco del Rosario López and the minor Ms María Antonia Dolores López (see 355th Report, para. 866(c)). The Committee notes the Government’s statement that: (1) it was established that the threatening phone calls to the persons named in the file were non existent, and so the complaint was subsequently dismissed by means of a decision of 14 May 2009; and (2) Mr Francisco del Rosario López Estrada has not disappeared but has been located in the department of El Petén. The Committee regrets that the Government has not supplied any information regarding the whereabouts of the minor Ms María Antonia Dolores López and requests it to indicate whether any investigations have been conducted into this matter.
10. 608. With regard to the death threats against Ms Lesvia Morales and the attempted murder of Mr Leocadio Juracán referred to in the previous examination of the case, the Committee notes the Government’s statement that no complaint has been filed in relation to the alleged events and no information provided in response to its request that the complainant should be asked to give details of the place where the complaint was filed so that it can take follow-up action. The Committee requests the complainant organization to indicate the place where the complaint was filed so that the Government can take follow-up action.
11. 609. The Committee regrets that the Government has not supplied any information on the following aspects of several of its previous recommendations, namely:
    • – the investigations concerning the injured workers from the Union of Small Traders and Allied Workers (recommendation (d));
    • – the investigations concerning the death of a trade unionist following the use of excessive force and concerning the allegations of attempted extrajudicial killings, death threats and injuries to union members (recommendation (e));
    • – the investigations concerning the death threats received by members of the National Health Union (recommendation (f));
    • – the investigations concerning the criminal proceedings brought against officials of the Union of Workers of the Municipality of Zacapa (recommendation (k)); and
    • – the observations in relation to the allegations of harassment and intimidation submitted by the Union of Workers of the Petén Distribution Company (SITRAPETEN), the Altiplano Agricultural Workers’ Committee (CCDA) and the Movement of Trade Unions, Indigenous Peoples and Agricultural Workers of Guatemala (MSICG) (recommendation (l)).
12. 610. The Committee deeply deplores the acts of violence described in the complaint and expresses its deep concern at the large number of trade unionists who have been murdered and draws the Government’s attention to the fact that trade union rights can only be exercised in a climate that is free of violence, pressure or threats of any kind against trade unionists, and it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 44].
13. 611. The Committee once again notes with deep concern that the Government does not report on any murder suspects being detained. The Committee emphasizes that the absence of judgments 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 Digest, op. cit., para. 52]. The Committee requests the Government to take measures as a matter of urgency to combat the total impunity observed in relation to these allegations. The Committee urges the Government to take steps to ensure that the investigations opened are concluded without delay so that the perpetrators are duly punished and requests the Government to provide detailed information on the outcome of the investigations and the criminal proceedings instituted in this regard.
14. 612. The Committee regrets that the Government has not supplied any information on the following aspects of several other of its previous recommendations, namely:
    • – the investigations concerning alleged blacklisting (recommendation (j));
    • – the investigations concerning the alleged violation of freedom of association at the Las Américas SA and Crown Plaza Guatemala hotels (recommendation (m));
    • – the registration and recognition of trade unions (recommendation (o)); and
    • – the outcome of the decisions taken by the judicial authorities regarding the reinstatement orders and dismissals affecting the Union of Workers of the Municipality of Chimaltenango. The Committee urges the Government to send the requested information relating to these allegations.

New allegations relating to acts of violence

1. 613. The Committee notes with concern that the complainant organization alleges the murder of 12 union officials and 13 union members between 2007 and 2010, apart from the numerous cases already referred to in the context of the present case. The Committee once again underlines the seriousness of this case. In general terms, the Committee deeply deplores the murders of these union members and officials and reiterates the principles referred to above. The Committee urges the Government to conduct independent judicial inquiries without delay into the murders of the following union officials and members: Julio Cesar Ixcoy García, Pedro Zamora, Rosalio Lorenzo, Armando Sánchez, Maura Antonieta Hernández, Pedro Ramírez de la Cruz, Julio Pop Choc, Gilmer Orlando Borror Zet, Evelinda Ramírez Reyes, Samuel Ramírez Paredes, Juan Fidel Pacheco Coc, Bruno Ernesto Figueroa, Liginio Aguirre, Salvador del Cid, Licinio Trujillo, Aníbal Ixcaquic, Norma Sente Ixcaquic, Matías Mejía, Juana Xoloja, Willy Morales, Víctor Gálvez, Jorge Humberto Andrade, Adolfo Ich, Luis Felipe Cho and Héctor García. The Committee requests the Government to keep it informed of the outcome of the investigations and the subsequent criminal proceedings.
2. 614. As regards the murder denounced by UNSITRAGUA of Mr Miguel Angel Felipe Sagastume, founder and former Secretary-General of the Finca El Real Workers’ Union, on 27 October 2011, the Committee requests the Government to send its observations on the matter without delay.
3. 615. Moreover, with regard to the attack against Ms Maria de los Angeles Ruano Almeda and Ms Ingrid Migdalia Ruano on 7 November 2011, the Committee requests the Government to provide its observations thereon without delay.

Other allegations

1. 616. With regard to the deduction of payments by the municipality of Malacatán, the Committee notes the Government’s statement that the economic and social dispute filed on 3 February 2009 against the municipality of Malacatán is being dealt with by the Labour and Social Security Court of First Instance of Malacatán. The Committee requests the Government to keep it informed of further developments.
2. 617. With regard to the status of trade union rights and the closure of various enterprises in the maquila sector, particularly Textiles del Mundo SA, Dong Bang Industrial, Cambridge Industrial, Chuckie, Textiles del Mundo, Modas Doo Sol and You Won Textiles (allegations mentioned in the context of a previous examination of the case – see 355th Report, para. 804), the Committee notes the Government’s indication that agreements were reached directly with the workers or a new employment relationship was begun with the workers.
3. 618. Finally, with regard to the climate of impunity in connection with labour matters which is mentioned repeatedly on account of undue delays amounting to a denial of justice, the Committee regrets that the Government has not sent any reply. The Committee requests the Government to send its observations in this regard without delay.

The Committee’s recommendations

1. 619. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expresses its deep concern at the gravity of this case, given the numerous murders, attempted murders, assaults and death threats, kidnappings, harassment and intimidation of trade union officials and members, and also the allegations of blacklisting and the climate of total impunity. The Committee deeply regrets that the Government only provides a partial reply in respect of the allegations made.

   Previously examined allegations of violence

   • (b) With regard to the murders of Mr Mario Caal and Mr Jaime Nery González, the Committee requests the complainant to indicate, in addition to the date on which the events occurred, the location of the events and the judicial authority with which the complaint was filed.
   • (c) With regard to the murders of union official Mr Israel Romero Istacuy and union members Mr Diego Gustavo Chite Pu and Mr Sergio Alejandro Ramírez Huezo, the Committee urges the Government once again to send information without delay on the investigations into these murders.
   • (d) The Committee requests the Government to keep it informed of the outcome of the investigations into the murders of union members Ms Olga Marina Ramírez Sansé and Mr Pedro Antonio García. The Committee urges the Government once again to conduct independent judicial investigations without delay into the murders of Mr Víctor Alejandro Soyos Suret and Mr Luis Arnaldo Ávila, and to keep it informed of their outcome and the subsequent criminal proceedings.
   • (e) With regard to the attempted murder of Mr Julián Capriel Marroquín, the Committee requests the Government to keep it informed of the outcome of the investigation in progress.
   • (f) With regard to the alleged death threats against SITRABI, the Committee urges the Government once again to send its observations on the matter without delay.
   • (g) With regard to the murder of union official Mr Marco Tulio Ramírez Portela, the Committee requests the Government to keep it informed of the outcome of the investigation in progress.
   • (h) With regard to the disappearance of the minor Ms María Antonia Dolores López, the Committee requests the Government to indicate whether any investigations have been conducted into this matter.
   • (i) With regard to the death threats against Ms Lesvia Morales and the attempted murder of Mr Leocadio Juracán, the Committee requests the complainant organization to indicate the place where the complaint was filed so that the Government can take follow-up action.
   • (j) With regard to the allegations of violence to which the Government has not replied, the Committee emphasizes their seriousness and regrets the lack of information from the Government. The Committee urges the Government to take steps to ensure that the investigations opened are concluded without delay so that the perpetrators are duly punished and requests the Government to provide detailed information on the outcome of the investigations. The Committee refers to the following investigations:
     • – the investigations concerning the injured workers from the Union of Small Traders and Allied Workers;
     • – the investigations concerning the death of a trade unionist following the use of excessive force and concerning the allegations of attempted extrajudicial killings, death threats and injuries to union members;
     • – the investigations concerning the death threats received by members of the National Health Union;
     • – the investigations concerning the criminal proceedings brought against officials of the Union of Workers of the Municipality of Zacapa; and
     • – the observations in relation to the allegations of harassment and intimidation submitted by SITRAPETEN, the CCDA and the MSICG.
   • (k) The Committee deeply deplores the acts of violence described in the complaint and expresses its deep concern at the large number of trade union officials and members who have been murdered and draws the Government’s attention to the fact that trade union rights can only be exercised in a climate that is free of violence, pressure or threats of any kind against trade unionists, and it is for governments to ensure that this principle is respected. The Committee once again observes with deep concern that the Government does not report on any murder suspects being detained. The Committee requests the Government to take measures as a matter of urgency to combat the total impunity observed in relation to these allegations and urges the Government to take steps to ensure that the investigations opened are concluded without delay so that the perpetrators are duly punished and requests the Government to provide detailed information on the outcome of the investigations and the criminal proceedings instituted in this regard.
   • (l) Regretting that the Government has not supplied any information on the following aspects of several other of its previous recommendations, namely:
     • – the investigations concerning alleged blacklisting;
     • – the investigations concerning the alleged violation of freedom of association at the Las Américas SA and Crown Plaza Guatemala hotels;
     • – the registration and recognition of trade unions; and
     • – the outcome of the decisions taken by the judicial authorities regarding the reinstatement orders and dismissals affecting the Union of Workers of the Municipality of Chimaltenango, the Committee urges the Government to send the requested information relating to these allegations.

   New allegations relating to acts of violence

   • (m) The Committee underlines the extreme seriousness of these allegations. The Committee deeply deplores the murders of 12 union officials and 13 union members (between 2007 and 2010), apart from the numerous cases already referred to in the context of the present case, and reiterates the principles referred to above. The Committee urges the Government to conduct independent inquiries without delay into the murders of the following union officials and members: Julio Cesar Ixcoy García, Pedro Zamora, Rosalio Lorenzo, Armando Sánchez, Maura Antonieta Hernández, Pedro Ramírez de la Cruz, Julio Pop Choc, Gilmer Orlando Borror Zet, Evelinda Ramírez Reyes, Samuel Ramírez Paredes, Juan Fidel Pacheco Coc, Bruno Ernesto Figueroa, Liginio Aguirre, Salvador del Cid, Licinio Trujillo, Aníbal Ixcaquic, Norma Sente Ixcaquic, Matías Mejía, Juana Xoloja, Willy Morales, Víctor Gálvez, Jorge Humberto Andrade, Adolfo Ich, Luis Felipe Cho and Héctor García. The Committee requests the Government to keep it informed of the outcome of the investigations and the subsequent criminal proceedings.
   • (n) As regards the murder of Mr Miguel Angel Felipe Sagastume, founder and former Seceretary-General of the Finca El Real Workers’ Union, the Committee requests the Government to send its observations on the matter without delay.

   Other allegations

   • (o) With regard to the attack against Ms Maria de los Angeles Ruano Almeda and Ms Ingrid Migdalia Ruano on 7 November 2011, the Committee requests the Government to provide its observations thereon without delay.
   • (p) With regard to the deduction of payments by the municipality of Malacatán, the Committee requests the Government to keep it informed of further developments.
   • (q) With regard to the climate of impunity which is mentioned repeatedly on account of undue delays amounting to a denial of justice, the Committee requests the Government to send its observations in this regard without delay.
   • (r) The Committee draws the special attention of the Governing Body to the serious and urgent nature of this case.