Interim Report - Report No 85, 1966

Case No 442 (Guatemala) - Complaint date: 11-MAY-65 - Closed

1. 541. The complaint by the Autonomous Trade Union Federation of Guatemala (FASGUA) was submitted in a letter dated 11 May 1965. This letter was duly forwarded to the Government, which sent in its observations on 16 June 1965. The complainants have not made use of the right to submit additional information in support of their complaint.
2. 542. 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. A. The complainants' allegations

1. 543. The complaint alleges that although the Government authorised the May Day celebrations in the capital two days before the event, it prohibited them in the rest of the country. The complainants state that the authorisation given to FASGUA to hold a parade and a meeting in the capital was in fact worthless because the parade took place under the control of the police who, on the pretext that elements hostile to the Government and unconnected with the workers' organisations were distributing printed May Day greetings to the workers, broke up the parade and arrested the main trade union leaders. The following were arrested and are stated to be still in prison: Miguel Valdez Girón, Gilberto Barillas and Francisco de Jesús Mayén, members of the executive committee of FASGUA; and Antonio Ovando Sánchez, Marco Aurelio Garcia Benavente, Arturo Hernández, Elfego H. Garcia, Alberto Bautista, Juan Lemus and others, former leaders or active members of the organisation. The arrest of Miguel Valdez Girón, Francisco de Jesús Mayén and Antonio Ovando Sánchez was alleged to have taken place only a few days after their release from prison, where they had been held in accordance with " security measures " taken under special legislation, by which the Government can detain citizens for up to six months without trial.
2. 544. In its observations dated 16 June 1965 the Government states that since its installation it has laid down and strictly followed the principle that all citizens should be guaranteed their legal rights and it has at no time, not even when the democratic institutions of the country were threatened, pursued any aim other than that of safeguarding public order and well-being. The Government adds that it has had to cope with a number of difficult situations, such as the criminal attacks in which several of its officials have died, among them the former Deputy Minister of National Defence, but even so it has never taken repressive action.
3. 545. The Government states that the complaint is unfounded. The May Day parade this year was carried out without any hindrance and no restrictions were placed on it. As regards the arrest of trade union leaders the Government states generally that the Guatemalan Constitution safeguards the autonomy of the judiciary and courts and that nobody is arrested in Guatemala unless he has committed an offence. It points out that the functions of trade union leadership do not exempt any person from compliance with the laws of the land or from the jurisdiction of the courts which are competent to judge unlawful actions, and that while the Government collaborates with the trade union movement it cannot grant privileged legal status to trade union leaders who so far forget their responsibilities as to engage in unlawful acts. The Government concludes that it will ask the appropriate authorities for details concerning the allegation and that, if the I.L.O wishes, it will forward particulars of the charges against the individuals in question.

B. B. The Committee's conclusions

1. 546. In various earlier cases the Committee has stated that the right to call public meetings, especially on May Day, is an important aspect of trade union rights.
2. 547. The Committee observes that, in reply to the complainants' allegation that the Government allowed May Day to be celebrated in the capital but not in the remainder of the country, the Government replies that in fact no restriction was imposed. The complainants have not submitted any evidence, nor have they availed themselves of their right to submit additional information in support of their complaint. Accordingly, the Committee considers that no useful purpose would be served by continuing its examination of this allegation.
3. 548. In these circumstances and for the reasons given in the preceding paragraph, the Committee recommends the Governing Body to take note of the Government's statement that no restriction was imposed on the celebration of May Day this year and to decide that no useful purpose would be served by continuing its examination of this aspect of the case.
4. 549. As regards the complainants' allegations that as a result of the May Day parade a number of trade unionists, nine of whom are named in the complaint, were arrested, and that the legislation in force in Guatemala, under the heading of security measures, makes it possible to keep persons under arrest for six months without bringing them to trial and that three trade unionists (see paragraph 543 above) have been held by virtue of these powers, the Committee observes that the Government's reply appears to refer to these allegations only indirectly.
5. 550. One of the principles laid down under the procedure for examining allegations concerning the breach of trade union rights is that, when detailed allegations are submitted, the Committee cannot be satisfied with replies from governments which confine themselves to comments of a general character. In this case the Committee welcomes the Government's statement that it will ask the appropriate authorities to supply the information needed to ascertain the truth about the complaint.
6. 551. In these circumstances the Committee recommends the Governing Body to take note of the fact that the Government intends to ask the appropriate authorities to supply the information needed to ascertain the truth about the complaint and to ask the Government to be good enough to forward, as soon as possible, its specific observations on the allegations referred to in the previous paragraph with, in particular, precise information concerning the position vis-à-vis the courts of the following trade unionists: Miguel Valdez Girón, Gilberto Barillas, Francisco de Jesús Mayén, Antonio Ovando Sánchez, Marco Aurelio Garcia Benavente, Arturo Hernández, Elfego H. Garcia, Alberto Bautista and Juan Lemus; and to decide to postpone its examination of this aspect of the case until it has received these specific observations and details from the Government.

The Committee's recommendations

1. 552. In all the circumstances and with regard to the case as a whole the Committee recommends the Governing Body:
   • (a) with respect to the alleged prohibition of trade union meetings to celebrate May Day this year, to take note of the Government's statement that no restrictions were imposed on this commemoration and to decide that no useful purpose would be served by continuing its examination of this aspect of the case;
   • (b) with respect to the complainants' allegations that as a result of the parade on May Day this year a number of trade unionists were arrested and that legislation is in force in Guatemala-and has been applied to three trade unionists-which makes it possible to keep persons under arrest for up to six months without trial, to note that the Government will ask the appropriate authorities to supply the information needed to ascertain the truth about the complaint and to request the Government to be good enough to forward, as soon as possible, its specific observations on these allegations, giving details, in particular, about the position of the trade unionists whose names are listed in paragraph 551 above;
   • (c) to take note of the present interim report, it being understood that the Committee will submit a further report on this case when it has received the observations and information requested from the Government in subparagraph (b) above.
     • Geneva, 11 November 1965. (Signed) Roberto AGO, Chairman.