Interim Report - Report No 108, 1969

Case No 550 (Guatemala) - Complaint date: 11-APR-68 - Closed

1. 297. The complaint is made in two communications dated 11 and 25 April 1968 from the International Federation of Christian Trade Unions (I.F.C.T.U.), which were forwarded to the Government in letters dated 24 April and 6 May 1968 respectively.
2. 298. The Government made a number of observations on the case in a communication dated 11 June 1968.
3. 299. 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. 300. In its cable dated 11 April 1968, the I.F.C.T.U alleged that a "wave of terror of extreme right " was endangering the lives of Christian trade union leaders in Guatemala and called on the I.L.O. to intervene with the authorities " to fight criminal extremism ". On 25 April, the I.F.C.T.U forwarded additional information supplied by the Latin American Christian Trade Union Confederation (C.L.A.S.C.) and the Central Federation of Guatemala Workers. According to this source, five members of the executive committee of the latter organisation, namely de León, Cuéllar, Prado, Castillo and Aquino, were threatened with death unless they left the country. This threat is stated to have been made by an extreme right-wing underground group. It is alleged that leaders of other workers' organisations have had to leave the country in similar circumstances and that the foregoing leaders reported the facts to the authorities.
2. 301. In its observations, the Government confines itself to stating that in Guatemala by virtue of the Constitution, the Labour Code and relevant regulations, there are no breaches of freedom of association. As evidence of this the Government quotes the case of the Railwaymen's Action and Betterment Union which " with the full support of the Government and with its economic backing " settled a labour dispute with the International Central American Railway Company.
3. 302. The Committee notes that the alleged actions, by their nature, come under the heading of criminal law and in this case appear to be political in purpose. Nevertheless, to judge by the nature of the complaint, the serious threats in question appear to have been directed against the individuals concerned in their capacity as trade union leaders, while other leaders whose identity is not specified are stated to have been forced out of the country for the same reasons. Accordingly, the allegations appear to have some relationship with the normal operation of trade unions and the freedom of action of its officials.
4. 303. In this case, the complainants do not accuse the Government of the actions in question, but the Committee recalls that in the past it has considered that it should not make a distinction between allegations levelled against governments and allegations levelled against persons accused of impairing freedom of association and should consider whether or not, in each particular case, a government has ensured in its territory the exercise of trade union rights. In accordance with this practice, the Committee considers it necessary to ask the Government for more precise observations and information than it has supplied.

The Committee's recommendations

1. 304. Accordingly, the Committee recommends the Governing Body:
   • (a) to request the Government to be good enough to supply as soon as possible its observations on the allegations concerning the threats alleged to have been made to these trade union leaders, together with any information it may consider relevant to the present position regarding the problem referred to by the complainants; and
   • (b) to take note of the present interim report, it being understood that the Committee will submit a further report once it has received the observations and information requested from the Government in the previous subparagraph.