Effect given to the recommendations of the committee and the Governing Body - Report No 329, November 2002

Case No 2017 (Guatemala) - Complaint date: 05-MAR-99 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 51. The Committee examined these cases at its meeting in March 2002 and made the following recommendations on the allegations that remained pending [see 327th Report, para. 604]:
   • – regarding the Tanport S.A. company, the Committee hopes that the existing discrimination will be ended without delay and requests the Government to inform it of the result of the legal proceedings undertaken to protect the money owed to the UNSITRAGUA members who were dismissed because of the company’s closure;
   • – as regards the Ace International S.A. assembly plant, the Committee requests the Government urgently to communicate the court resolutions handed down on the serious allegations submitted of discrimination and intimidation;
   • – as regards the closure of Cardiz S.A., the Committee expresses the hope that the judicial authority will pronounce on this case without delay and requests the Government to keep it informed of developments in that regard. It also requests the Government to ensure that no worker be detained for anti-union reasons;
   • – the Committee requests the Government to indicate the legal grounds for the cancellation of the registration of all of the officers of the trade union at María de Lourdes de Génova Farm and emphasizes that it would have been appropriate to retain all of the trade union officers except the farm administrator;
   • – as regards the allegations relating to the death threats against the secretary-general of the union at the María de Lourdes de Génova Farm, Mr. Otto Rolando Sacuqui García, the threats made against the union’s secretary for the settlement of disputes, Mr. Walter Oswaldo Apen Ruiz, and his family, to force him to relinquish his post in the municipality of Tecún Umán, and the dismissal of the founders of the trade union at Hidrotecnica S.A., established in 1997, the Committee:
   • – urges the Government to organize without delay an investigation into these allegations and keep it informed of developments;
   • – notes that the necessary measures should be taken so that trade unionists who have been dismissed for activities related to the establishment of a trade union are reinstated in their functions, if they so wish; and
   • – urges the Government promptly to take the necessary measures to guarantee the trade unionists’ physical safety;
   • – as regards the allegations relating to the death threats received by members of the Workers’ Union of Banana Plantations of Izabal (SITRABI), the threats by the Bandegua company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement, the dismissals threatened and carried out by that company (25 dismissals at five farms), and the raid on the premises of the Trade Union of Electricity Workers of Guatemala, with destruction and theft of property, the Committee requests the Government:
   • – urgently to take the necessary measures to protect the security of the threatened trade unionists, place the cases of the alleged death threats and raid before the Attorney-General without delay and keep it informed of the penal sanctions applied;
   • – to ensure that anti-union dismissals do not take place and investigate the motives for the dismissals that have occurred; and
   • – to ensure respect for the collective agreement and keep it informed of developments in the situation;
   • – as regards the other serious allegations that remain pending, the Committee strongly reiterates its recommendation that the Government should:
   • – as a matter of urgency take steps to carry out a judicial investigation into the death threats made against the trade unionist José Luis Mendía Flores, ensure that he has been reinstated in his post in accordance with the court resolution, and keep the Committee informed in this regard;
   • – ensure compliance with the court orders to reinstate the workers dismissed at the company La Exacta and send its observations promptly on the alleged delays in the investigation into the murders in 1994 of four rural workers (see the names below, in the second communication of UNCITRAGUA) who had tried to form a trade union, and keep the Committee informed of the results of the judicial proceedings under way in respect of these murders; and
   • – take the necessary measures (legislative and other) to ensure that the reinstatement orders are complied with;
   • – as regards the recent allegation concerning the murder of a trade union official, Mr. Baudillo Armado Cermeño Ramírez, the Committee requests the Government to ensure that the appropriate independent judicial investigations are conducted as soon as possible in order to establish the facts and circumstances of the incident, define responsibilities, punish the perpetrators and thus avoid a repetition of such occurrences and requests the Government to keep it informed in this regard.
2. 52. In its communication dated 5 March 2002, CIOSL alleges that Mr. Miguel Angel Ochoa González, leader of the Union of Professional Pilots and Road Freight Haulage, was kidnapped by three persons on 14 February 2002. He was physically and verbally abused and then abandoned. It also alleges that Mr. Ochoa, together with Mr. Wilson Armelio Carreto López, received death threats in a letter on 15 February 2002.
3. 53. In its communication dated 1 April 2002, UNSITRAGUA states that, in violation of a court ruling, the Banco de Crédito Hipotecario Nacional, a state-owned bank, dismissed 170 workers without obtaining legal dispensation. In its communication dated 7 May 2002, UNSITRAGUA states that 90 of the bank’s workers have availed themselves of a retirement plan. Moreover, after more than three years, the Conciliation Tribunal has still not pronounced (nor called the parties to a hearing) on the collective labour dispute that began on 5 August 1997. In a communication received by the ILO on 3 June 2002, UNSITRAGUA states that up to 200 workers have now been dismissed, despite the relevant court ruling, and that more workers are under pressure to renounce their contracts and claim unemployment benefits. In addition, on 22 March the bank suspended trade union officials’ permits and is conducting surveillance on the officials and persecuting them. In its communication dated 29 July 2002, UNSITRAGUA complains that a further 100 workers were dismissed by the bank on 27 July, despite the relevant court ruling and other rulings by the labour inspectorate. The trade union officials’ permits were suspended once more on 26 July.
4. 54. In its communication dated 3 June 2002, UNSITRAGUA reports that the legal authorities have still not pronounced on the case of the Tanport S.A. assembly plant and that, in the case of the Ace International S.A. assembly plant, the Constitutional Court upheld the sentence of the Supreme Court of Justice, violating freedom of association and opening the doors to the fraudulent dissolution of enterprises as a means of breaking up trade unions. UNSITRAGUA also explains that, in 1994, the police evacuation of a peaceful sit-in at the San Juan del Horizonte farm (operated by the Exacta company) led to the killing of three trade unionists, Efraín Recinos, Basilio Guzmán and Diego Orozco; a further 11 workers were injured and 45 were arrested; and the trade unionist José García González was kidnapped and murdered. There has still been no judicial investigation. The company also dismissed 60 workers, who have not been reinstated despite a court ruling.
5. 55. In its communication of May 2002, the CUSG points out that many dismissals of trade unionists took place in the María de Lourdes farm, the Hidrotécnica company, the municipality of Jalapa and the municipality of Tecpán and that the dismissed have not been reinstated despite judicial rulings ordering reintegration. In the case of the municipality of Tecpán, the Supreme Court ruled in the final instance in favour of the workers and imposed a fine on the municipality. In the municipality of Jalapa, the collective agreement has been violated. The municipality has refused to comply with recommendations of the Ministry of Labour on the violations of the collective agreement. In the municipality of Malacatán, the collective agreement was also violated. The Parque Zoológico Nacional La Aurora refused to negotiate a new collective agreement with the union and has promoted a solidarist association putting pressure on workers to affiliate with it.
6. 56. In its communications of 3 July 2002 and 27 September 2002, the Government reports that although the case of the Banco de Crédito Hipotecario Nacional has been brought before justice, the labour inspectorate is simultaneously favouring high level meetings in order to find a solution in favour of the workers. Also, on 25 April 2002, conciliation was achieved on one of the points of conflict (the question of suspension of trade union permits) thanks to the mediation of the Minister of Labour; moreover, three administrative punitive inquiries are under way in order to impose fines on the bank. Concerning the company “Ace International”, the issue is before justice and the company remains closed. The assembly plant Tanport is also closed. The labour inspection tried to obtain compliance with the judicial order which has pronounced on this case but it did not manage to locate the headquarters of the enterprise. With respect to these last two cases, the Government reports that it has created a tripartite National Assembly Plant Authority, in order to improve social and labour relations in this sector and find solutions to cases like the ones mentioned above. The threats against the trade union official, Miguel Angel Ochoa Gonzáles, are being examined by the authorities.
7. 57. In its communication of 27 September 2002, the Government sent observations on the María de Lourdes farm, the Hidrotéchnica company and the municipality of Jalapa, but without referring specifically to the questions pending before the Committee. The Government adds that the Ministry of Labour made a mediation effort and that judicial ruling was pronounced in the case of the Tecpán municipality (favourable to the union according to the complainant organization). Concerning the case SITRABI, the incidents continue to be examined by the criminal justice system and the Minister of Labour continues to hold meetings with the parties in order to achieve positive results. Concerning the case of the La Exacta farm, a declaration has been signed in which the responsibility of the authorities in the events which took place is implicitly recognized. This case is examined in the context of the judicial system. Concerning the Parque Zoológico Nacional La Aurora, this case was examined by the labour inspectorate and within the tripartite committee on international labour issues. The case of the municipality of Malacatán was favourably resolved.
8. 58. The Committee takes note of the Government’s observations. The Committee underlines the gravity of the questions raised in the allegations, in particular with regard to acts of violence (assassinations, aggressions, threats) and anti-trade union discrimination (including cases of non-compliance with judicial orders) and expresses its profound preoccupation in this respect.
9. 59. The Committee notes that according to the Government, the threats against the trade union official, Miguel Angel Ochoa González, are being examined by the authorities. The Committee regrets that the Government was not sent observations on allegations relative to (1) the judicial rulings concerning the Cordiz S.A. company; (2) the kidnapping, aggressions and threats against the trade unionist of the María de Lourdes farm, Walter Oswaldo Apen Ruiz and his family, and the death threats against the trade union officials Roland Sacuqui García, Wilson Armelio Larreto López and José Luis Mendía Flores; (3) the assassination of the trade unionists of the La Exacto Farm Efrain Recinos, Basilio Guzmán and Diego Orozco, the injury of 11 workers and the detention of 45 workers from this farm; (4) the assassination of the trade unionist, José García González, and the trade union Leader, Bandillo Amado Cermeño; (5) the raid against the Luz and Fuerza union. The Committee requests the Government to send its observations on these allegations and to indicate the state of the respective proceedings. The Committee deplores these acts of violence against trade unionists, expresses its great preoccupation before this situation and points out to the Government that a free and independent trade union movement can only develop in a climate free from violence, threats and intimidation. The Committee requests the Government to guarantee security to all threatened trade unionists who have been mentioned in this case.
10. 60. Concerning the conflict relative to Banco de Crédito Hipotecario Nacional, the Committee notes that a negotiating committee has been set-up on all the questions before the authorities (negotiation of a new collective agreement, massive dismissals, etc.) and observes that at first, the suspension of trade union permits was resolved but that the complainant organization has come back with allegations that the permits were suspended once more on 26 July 2002. The Committee observes that the conflict was brought before justice. The Committee insists on the importance of respecting judicial rulings which prohibit dismissals without legal authorization, hopes that the negotiating Committee will be able to find a solution to the conflict in a short period of time and requests the Government to keep it informed of the progress of the Committee. The Committee requests the Government to communicate any ruling on these allegations.
11. 61. The Committee observes that the Government has sent insufficient or imprecise information on other pending questions: cases of SITRABI, María de Lourdes farm, Hidrotéchnica company, Jalapa municipality (violation of the collective agreement), and Parque Zoológical Nacional. The Committee requests the Government to send additional information on these allegations. The Committee requests the Government to confirm that the trade unionist, José Luis Mendía Flores, has been reinstated in his post as ordered by the judicial authority.
12. 62. The Committee observes that other cases (pending during the latest examination of the case) have been brought before justice (Ace Internacional company, Tanport company, La Exacta farm). The Committee reiterates its previous recommendations on these questions and asks the Government to send additional information. The Committee notes that according to the Government, the case of the municipality of Malacatán has been resolved.
13. 63. The Committee regrets to observe that in this as well as previous cases, the complainant organizations have highlighted the non-compliance with judicial rulings ordering reinstatement. The Committee requests the Government to ensure the reintegration of all the trade unionists who have not yet been reinstated in their posts in various companies and farms mentioned in this case, despite judicial orders which have been pronounced in this sense and to keep it informed in this respect.