Interim Report - Report No 307, June 1997

Case No 1786 (Guatemala) - Complaint date: 18-JUN-94 - Closed

Allegations: Deaths, disappearances and acts of anti-union discrimination

• Allegations: Deaths, disappearances and acts of anti-union discrimination
  273. 273 The Committee examined these cases at its June 1995 meeting in the light of information obtained during the direct contacts mission which took place in Guatemala between 13 and 17 February 1995, and presented interim conclusions to the Governing Body (see 299th Report, paras. 398-427). The Committee again examined these cases at its May-June 1996 meeting and again presented interim conclusions (see 304th Report, paras. 304-320, approved by the Governing Body at its 266th Session (June 1996)).
  274. 274 The ICFTU sent additional information and new allegations in a communication dated 27 June 1996 (Cases Nos. 1512 and 1539) and the CLAT sent new allegations in communications dated 4 and 16 October 1996 (Case No. 1778).
  275. 275 The Government sent new observations in communications dated 13 September, 7 October, 5 and 12 November 1996, and 31 March 1997.
  276. 276 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 cases

1. 277. At its June 1996 meeting, the Committee formulated the following recommendations on the pending allegations (see 304th Report, para. 320):
   • (a) As at its previous meeting, the Committee once again deeply regrets the violent deaths of trade union officials and trade unionists, as well as the disappearances, abductions, arbitrary arrests and assaults and expresses its deep concern at the situation of impunity (only in a few cases have the authors been identified) and insists on the absolute need for judicial inquiries to be opened on all cases pending before the Committee with a view to clarifying the facts and punishing the guilty parties. In this respect, the Committee recalls the commitment made by the Attorney-General of the Republic to open investigations on all the cases presented to the Committee and requests the Government to keep it informed in this respect. The Committee expresses its deep concern that new allegations have been made concerning assassinations and acts of violence against trade unionists in 1995.
   • (b) Although it takes note of the efforts by the Government to provide information on the alleged deaths and other acts of violence, the Committee urges it to continue sending information on the investigations mentioned in its conclusions (death of the trade unionists Juan Tarax, Lilian Elizabeth Juárez Escobar - the responsible official was placed before the competent court, Camilo Ajqui - who the Government denies as a unionist, Adrián Miranda and Velizario López Rojas; arrests of the trade unionists Silvio Pastor, Pablo Itzel, Teodoro Pastor, Rolando Pastor and Francisco Pastor - which resulted in the dismissal of a captain; the abduction of Walter Nájera Molina - who was released; the disappearance of Gustavo Rosalio Vásquez López; and the attacks against Ernesto Bol) and on those concerning the list of allegations appearing in the annex and to take the necessary measures to determine the whereabouts of those who have disappeared (reproduced below is the list of allegations that appeared in the annex to the 304th Report).
     • Assassinations of trade unionists
       • - Tyron Francisco Segastume, Trade Union of Workers of the Coca-Cola bottling enterprise, (STETCSA), in February 1990;
       • - Néstor René Osorio Sandoval, Trade Union of Electricity Workers (STINDE), in March 1990;
       • - Petronila Hernández Vasilio, secretary responsible for organization of the Trade Union of Independent Agricultural Workers of La Reformita (Moyuta, Jutiapa), in July 1990;
       • - Rujunel Junam (CERJ), on 14 April 1991;
       • - Edwin Giovanni Hidalgo Jerez (member of STINDE), in August 1991;
       • - at its meeting in November 1992, referring to the murder of a worker on 5 August 1989 during a labour dispute at the La Patria farm, the Committee requested as a matter of urgency the opening of a judicial inquiry to clarify the facts and punish the guilty parties and for it to be kept informed of developments in this respect;
       • - Ivo Adiño García Rivera, leader of the Trade Union of Electricity and Energy Workers, in August 1995;
       • - Eric Osberto Berganza Pacheco, leader of STINDE, in July 1995.
     • Disappearances, abductions, assaults and arrests of trade unionists
       • - the grenade attack on the home of Edgar Sánchez Velásquez (rural worker), and his subsequent arrest on 21 April 1990;
       • - the attempted abduction of Filiberto Ramírez (member of the Trade Union of Workers of the TIPIC S.A. enterprise), on 28 May 1990;
       • - the physical assault of and death threats against Ramon Jacomé Pinto (General Secretary of the STIGGS), on 6 February 1991;
       • - the abduction and physical assault of Aura Violeta Flores Acevedo, member of the Trade Union of Workers of the Ministry of Culture and Sports (SITRACUDE), on 21 March 1991;
       • - the armed attack against Fernando Lucero and Luis Ramírez (SITRACUDE activists), on 20 March 1991;
       • - the arrest, physical assault of and criminal proceedings against Otto Iván Rodríguez Vanegas (former General Secretary of STINDE), on 5 April 1991;
       • - the abduction and subsequent arrest of José Vidal Pamal Tuchán (General Secretary of the Trade Union of Workers of the Psychiatric Hospital), on 30 May 1991;
       • - the attempted abduction and death threats which forced Dora Arriaza, leader of the Trade Union Federation of Public Employees (FENASTEG), into exile, on 14 May 1991;
       • - the attempted abduction of Yolanda Figueroa (official of the Trade Union of Customs Officers), and her two daughters, on 21 June 1991;
       • - the abduction, death threats and physical assault of Wosveli Castro, General Secretary of the Federation of Trade Unions in the Metal Trades (FETRAMEGUA), on 16 May 1991;
       • - the death threats and physical assault of Rosendo de León Dubón, official of the National Press Trade Union (STN);
       • - the abduction and subsequent disappearance of Felipe López Mendoza (member of CERJ), in June 1991;
       • - the physical attack against a member of FESINTROP, on 14 February 1991;
       • - the abduction of Mr. Edi Antonio Conde Lu, General Secretary of the Trade Union of Electricity and Energy Workers and secretary responsible for organization of the Confederation of Trade Union Unity of Guatemala (CUSG) on 8 September 1994; subsequently he was brutally beaten, received death threats and had to flee the country;
       • - in the ESDEE Guatemala maquila enterprise, members of the trade union received death threats and were abducted, with the participation of mobile units of the military police;
       • - the attempted abduction of Mr. Pablo Mazariegos (SITRAEMSA trade unionist), on 3 December 1993;
       • - Mr. Eligio Quej Morán, member of the ad hoc committee of workers of the national police was abducted on 31 May 1994, and tortured. On 25 March 1993 the National Federation of Public Servants (FENASEP) began the process of organizing workers in the national police; the members of the ad hoc committee which was set up have since that time been harassed and received death threats from the "Jaguar of Justice" death squadron;
       • - the imprisonment of Mr. Rubén Terry Amézquita, General Secretary of the Trade Union of Workers of the state enterprise of Puerto de Quetzal;
       • - the abduction of Mrs. Flor de María Salguero de Laparra, trade unionist of FESTRAS who was assaulted, raped and received death threats;
       • - threats against trade unionist Débora Guzmán in July 1995;
       • - physical aggression against trade unionist Ernesto Bol in November 1995.
     • The Committee requests the Government to send its observations on the additional information presented by the IUF and the ICFTU in their communications of July, October and December 1995; (the text of this additional information which appeared in paras. 313-315 of the 304th Report of the Committee is reproduced below):
     • In their communication of July 1995, the IUF and the ICFTU state that Mrs. Flor de María Salguero de Laparra, a trade unionist of the Trade Union Federation of Food, Agro-Industry and Related Workers (FESTRAS), a trade union organization in the maquila sector, received death threats in 1995; on 17 May 1995 she was abducted, drugged, beaten and raped; after her release she received further intimidating telephone calls recalling the assault against her on 17 May.
     • In its communications of July, October and December 1995, the ICFTU indicates that in the middle of March 1995, Mr. Alexander Giovany Gómez Virula, a leader of the trade union in the RCA enterprise, was assassinated. Mr. Ivo Adilio García Rivera, an official of the Trade Union of Electricity and Energy Workers, was abducted and freed the following day after being submitted to severe psychological pressure and that these events were related to a work stoppage in August 1995. Furthermore, the ICFTU alleges the assassination of Mr. Eric Osberto Berganza Pacheco, an official of the Trade Union of Workers of the National Electrification Institute on 23 July 1995, which the trade union says was the result of his trade union activities. Further threats were also made against the trade unionist Débora Guzmán and against the child which she was expecting, to make her force her husband, Félix Hernández, an official of the Lunafil Trade Union, to leave the trade union. The ICFTU adds also that Mr. Ernesto Bol, an official of the Trade Union of the Workers of the City of Cobán, was severely beaten and insulted on 9 November 1995 by unknown people; furthermore, it was not possible for him to be reinstated in his post even with the existence of a judicial order to this effect.
     • Finally, the ICFTU alleges that in the Las Delicias farm in Retalhuleu, which belongs to the Good Year S.A. Rubber Plantations multinational enterprise, attempts have been made for many years to destroy the Trade Union of Rubber Plantation Workers in the Las Delicias farm through radical anti-union measures designed to intimidate workers, such as the systematic dismissal of workers who were trade union members, violations of the fundamental right to engage in collective bargaining (the enterprise has appointed a group of non-unionized workers to represent all the workers) and the unacceptable measures of reprisal taken by the enterprise, such as the closing down of the school and clinic which depend on the enterprise and the recent refusal to pay wages for the last two months to unionized workers.
   • (c) The Committee requests the complainants to provide details on the allegations concerning the death of the trade unionists José María Incuyat, Julio César Pérez and Pedro Genovevo, the armed attack against the trade unionist Víctor Alfredo Chacoj and the attacks against Werner Coc Ramírez.
   • (d) Regretting that the Government has not provided the information requested on some of the allegations pending concerning, inter alia, acts of anti-union discrimination, the Committee reiterates the recommendations which it made in this regard at its meeting in June 1995 and which are reproduced below:
     • - The Committee asks the Government to provide information on the dismissals and other acts of anti-union discrimination (indicating the steps taken by the national authorities) in the following enterprises or institutions: International Textile Corporation S.A., Nueva California farm, El Salto farm, Medellín farm, Municipality of El Estor, La Mariposa bottling enterprise, Municipality of Coban and COCAPSA.
     • - The Committee requests the Government to conduct an investigation into the alleged anti-union dismissals at the El Trapichito and El Naranjo farms and, should these dismissals be related to legitimate trade union activities, to ensure that the workers concerned are reinstated in their posts. It requests the Government to keep it informed in this respect. The Committee once again requests the Government to keep it informed of the decisions handed down in the legal proceedings concerning the dismissal of several trade union leaders of the Workers' Union of the San Juan de Dios Hospital and in the administrative procedures concerning the dismissal of the Secretary-General of the Trade Union of Bakers of Chiquimula, the dismissal of 20 members of the Trade Union of Shipping Workers of Santo Tomás de Castilla.
     • - Noting that the Government states, as regards the alleged surveillance of the IUF premises by persons unknown on 23 August 1993, that it has requested an inquiry be carried out by the Office of the Attorney-General, the Committee requests the Government to keep it informed in this respect.

B. Information and new allegations from the ICFTU and the CLAT

1. 278. In a communication dated 27 June 1996, the ICFTU alleges that Mr. Crisanto García Alonzo, General Secretary of the Trade Union of Road Workers of Santa Rosa, was abducted on 7 June 1996 at 2 p.m. by armed men and released the following day after his family paid a ransom of 50,000 quetzals. During his abduction he was subjected to psychological intimidation.
2. 279. In its communication dated 4 October 1996, the CLAT alleges that Mr. Cándido Luis Toj, Executive Secretary of the Popular Federation of Farm Workers (FEDECAMPO) and General Secretary of the Trade Union of Workers of the Nueva California farm (San Miguel de Pachuta) disappeared on 30 September 1996. Mr. Toj was on his way to a meeting at the General Labour Inspectorate to discuss certain labour matters with the owner of the Nueva California farm, including various acts of reprisal against trade union leaders and workers. In its communication dated 16 October 1996, the CLAT states that Mr. Cándido Luis Toj was released a few days later. In fact, Mr. Toj was unjustly imprisoned by the national police in the Municipality of Patulul, which denied in front of Mr. Toj's family that he had been arrested. The CLAT adds that at approximately 5 p.m. on 8 October 1996, Mr. José Antonio García, disputes secretary of the Trade Union of the Municipality of Esquipulas, was followed by a person armed with a 12 millimetre shotgun and that there was serious cause to believe that this person intended to kill him. Mr. García managed to escape safely from this individual and so saved his life. At 10 p.m. on the same day another trade union leader from the same organization was chased by a van, with the intention to intimidate him. Mr. Luis Armando Bravo Pérez, General Secretary of the Trade Union of Customs Workers, was assassinated on 5 October 1996 in the city of Tecún Omán. Furthermore, Mr. Sixto Pérez Coche, Financial Secretary of the Trade Union of Workers of the La Patria farm (Santa Bárbara, Suchitepéquez) was recently the victim of an assassination attempt.

C. The Government's reply

1. 280. In its communications dated 13 September, 7 October, 5 and 12 November 1996 and 31 March 1997, the Government provides its observations. It refers, inter alia, to the recent peace accords and to a meeting held on 13 March 1997 by the Tripartite Commission on International Affairs in which the Minister for Labour and Social Welfare, the Attorney-General and the Executive Deputy Director of the Presidential Commission on Human Rights (COPREDEH) also participated. According to the minutes of the meeting, the Government, the Attorney-General and COPREDEH are all at the entire disposal of the ILO for any clarifications concerning the allegations, although many of the events took place a number of years ago. In some cases the complainants have made very little information available about the allegations and in others they have not made denunciations to the national authorities. The worker sector of the Tripartite Commission expressed its willingness to collaborate in this task. The Tripartite Commission decided to set up a working group to respond to the allegations.
2. 281. The Government also states that eight Special Labour and Social Insurance and Family Courts of First Instance have been set up in eight cities throughout the country, as have two divisions of the Labour and Social Insurance Court of Appeal (Guatemala City and Mazatenango). Similarly, there has been a further decentralization of the competent courts for collective disputes (these measures are in reply to some of the recommendations of the direct contacts mission which visited the country in February 1995).
3. 282. More specifically, the Government provides the following information on the allegations relating to acts of violence against trade unionists:
   • - Mr. Néstor René Osorio was at no time a leader of the Trade Union of Workers of the National Electrification Institute (according to information from the leaders of this trade union, he was neither a trade union leader nor did the trade union make a denunciation in relation to his death; according to police investigations, his death was in retaliation for land tenure problems dating back more than eight years);
   • - Mr. Petronilo Hernández Vasilio was murdered in 1990; the judicial proceedings have been suspended due to lack of evidence; there are no facts on which to base the investigations;
   • - Mr. Edwin Giovany Hidalgo did not work at the National Electrification Institute, nor was he a leader of the trade union at that institution, and thus the Government has no information available to confirm his death;
   • - the trade union leader Mr. Ivo Adilio García Rivera was abducted on 12 September 1995 by unknown armed men, not assassinated. The following day, he reported the abduction to the police. Mr. García did not go before the public prosecutor to make a denunciation in spite of two summons; the Attorney-General recommended that the public prosecutor deal with the case, conclude the investigation of it and bring it before the judicial authority;
   • - the assassination of the trade union leader Mr. Eric Osberto Berganza Pacheco (23 July 1995) is under judicial and police investigation and arrest warrants have been issued for two individuals; his trade union believes that his assassination could be related to complaints of corruption he made;
   • - Mr. Alexánder Giovany Gómez Virula was assassinated in March 1995 following his abduction; two owners of the Maquila R.C.A. enterprise were accused of the assassination; the judicial inquiry continues (the Government provides details of the various proceedings initiated);
   • - the disappearance of Mr. Gustavo Rosalio Vásquez dates from 20 March 1993; a complaint has been made to the authorities;
   • - Mr. Otto Iván Rodríguez Venegas was arrested by the police together with two other persons for driving a stolen car; they were brought before the judicial authority and were not assaulted; he was tried for the offence of armed robbery;
   • - the investigations concerning the abduction of and assaults against Mr. Edy Antonio Conde Lu still continue;
   • - with respect to the alleged imprisonment of Mr. Ruben Terry Amezquita, he has left the country and gone into exile;
   • - the Government has replied to the case concerning Ms. Débora Guzmán in connection with Case No. 1898;
   • - as regards the attack against Mr. Bol, the investigation carried out by the National Police concluded that the trade union leader was not physically assaulted, but that he was knocked down by a vehicle that did not stop, being in a state of drunkenness at the time, and refused to go to the regional hospital for medical attention. The Attorney-General is investigating the alleged assault but Mr. Bol has not appeared in court nor has he confirmed the denunciation;
   • - the abduction of Mr. Crisanto García Alonzo was reported to a district procurator; the family paid the ransom and Mr. García Alonzo was released on 14 June 1996. At the time of the abduction he was not exercising any duties as a trade union leader;
   • - with respect to the alleged arrest and subsequent release of Mr. Cándido Luis Toj, the Government states that he was part of a crowd of peasants who tried to lynch a foreman from the Nueva California farm; the foreman died as a result. A judicial inquiry was opened.
4. 283. The Government also sent information on the following allegations of acts of anti-union discrimination:
   • - Nueva California farm: the judicial authorities of first instance denied the reinstatement of various trade union members who had been dismissed. The socio-economic collective dispute is currently under examination at the Sixth Labour and Social Insurance Court;
   • - El Estor farm: the dismissed persons were reinstated; a collective agreement is currently under negotiation;
   • - Medellín farm: there is no trade union organization; the farm only contracts temporary staff;
   • - El Salto farm: the trade union has been granted legal personality;
   • - El Trapichito farm and El Naranjo farm: the trade unions have been inactive since 1990 because they have not fulfilled the legal requirement of electing the members of their respective executive committees;
   • - the Trade Union of Bakers of Chiquimula and the Trade Union of Shipping Workers of the Port of Santo Tomás de Castilla: no trade union organizations exist at present.

D. The Committee's conclusions

1. 284. It is with satisfaction that the Committee learned of the peace agreements and, in particular, of the agreement on the definitive cease-fire (4 December 1996), of the global agreement on human rights and of the agreement concerning socio-economic aspects and agriculture which establishes the principles of freedom of association, social dialogue, negotiation and consultation. The Committee likewise notes with interest the establishment of new labour courts, as recommended by the direct contacts mission that visited the country in February 1995. The Committee expresses the sincere hope that civil peace marks the beginning of a new stage in industrial relations.
2. 285. Nevertheless, the Committee emphasizes that the return to normality in industrial relations must go hand in hand with the elucidation of all acts of violence against trade unionists as alleged in the cases currently under consideration by means of the initiation of judicial inquiries so that responsibilities can be determined and the guilty parties punished. The complainant organizations also have a collaborating role to play in this task, and in this connection the Committee regrets that they have not sent the information it had requested of them.
3. 286. The Committee notes the decision of the Tripartite Committee for International Affairs to set up a working party to investigate the allegations. It hopes that the working party will be able to respond to all the allegations, and counts on the collaboration of the trade unions. The Committee notes the readiness of the authorities to try to elucidate the allegations, although, according to the Government, many of the events occurred a number of years ago; in some cases the complainants have provided very little information, and in others they have made denunciations to the national authorities.
4. 287. More specifically, the Committee notes the initiation or continuation of judicial inquiries into the death of the trade unionists Petrolino Hernández Vasilio (proceedings halted for lack of evidence), Eric Osberto Berganza Pacheco, Alexánder Giovanni Gómez Virula, Adrián Miranda Pérez and Belisario López Rojas, the disappearance of Gustavo Rosalio Vázquez, the abduction of and attacks against Edi Antonio Conde Lu, and the abduction of Ivo Adilio García Rivera and Crisanto García Alonzo. The Committee observes that, according to the information sent by the Government, the death of Néstor René Osorio is not linked to causes of a trade union nature (but to civil problems related to land tenure), and neither is the arrest and prosecution of Otto Iván Rodríguez Venegas (car theft), nor the alleged attacks against Mr. Ernesto Bol (he was knocked over in a state of drunkenness by a vehicle), nor the arrest of Mr. Cándido Luis Toj (he took part in the lynching of a foreman at the Nueva California farm, who was assassinated). With respect to the imprisonment of Mr. Rubén Terry Amézquita, according to the Government he left the country and went into exile. The Committee requests the complainant organizations to provide more details on the allegation relating to the death of Edwin Giovanni Hidalgo (according to the Government he was neither a worker nor a trade union leader at the National Electrification Institute, and therefore additional information is required to confirm his death) as well as on other, too general allegations indicated in the annex to this report.
5. 288. The Committee regrets that the Government has not provided information on the remaining allegations of acts of violence against the trade unionists (see the annexed list of pending allegations) and requests it to do so urgently, making sure that judicial inquiries have been initiated, and to keep it informed in this connection.
6. 289. The Committee observes furthermore that the judicial proceedings brought in relation to acts of violence against trade unionists, to which the Government has referred, do not seem in general to have been concluded nor to have allowed the guilty parties to be identified and punished. In this connection, the Committee stresses that the absence of sentences against the guilty parties involves a de facto impunity which aggravates the climate of violence and insecurity, and that this is extremely detrimental to the exercise of trade union activities. The Committee expresses the hope that the judicial inquiries under way and those that are to be initiated will put an end to the situation of impunity which has existed up until now.
7. 290. The Committee also requests the Government to send observations on the allegations of the ICFTU (27 June 1996) and of the CLAT (4 October 1996) concerning the assassination of Luis Armando Bravo Pérez, General Secretary of the Trade Union of Customs Workers, the attempted assassination of Sixto Pérez Coche, Financial Secretary of the Trade Union of Workers of the La Patria Farm and the following of the trade union leader José Antonio García by an armed individual. Furthermore, the Committee repeats its request for information on developments in the inquiries relating to the death of the trade unionists Juan Tarax, Lilian Elizabeth Juárez Escobar, Camilo Ajqui, to the arrest of trade unionists Silvio Pastor, Pablo Itzel, Teodoro Pastor, Roland Pastor and Francisco Pastor, and to the abduction of Walter Nájera Molina, who was released.
8. 291. As regards the pending allegations concerning acts of trade union discrimination, the Committee notes that the judicial authorities denied the request for the reinstatement of a number of members of the Trade Union of the Nueva California farm but that in the case of El Estor the dismissed persons were reinstated in their jobs. The Committee regrets that, according to the Government, the unions at the Medellín, El Trapichito and El Naranjo farms either do not exist or have been inactive for a considerable amount of time and that at present neither the Trade Union of Bakers of Chiquimula nor the Trade Union of Shipping Workers of the Santo Tomás de Castilla Port are operating. Bearing in mind the Government's statements and the fact that the acts of discrimination in the cases under consideration occurred a number of years ago, the Committee notes that it will be difficult to reinstate all the dismissed workers. The Committee brings to the Government's attention, however, the principle that "no person should be dismissed or prejudiced in his or her employment by reason of trade union membership or legitimate activities, and it is important to forbid or penalize in practice all acts of anti-union discrimination in respect of employment" (see Digest, op. cit., para. 696).
9. 292. The Committee regrets that the Government has not sent its observations on the dismissals and other acts of anti-union discrimination that occurred at the International Textile Corporation S.A., El Salto farm, La Mariposa bottling enterprise and the Municipality of Coban, and that it has not provided information on developments in the legal proceedings concerning the dismissal of several trade union leaders of the Workers' Union of the San Juan de Dios Hospital. The Committee requests the Government to send information in this connection. The Committee also requests the Government to send its observations on the allegations of anti-union dismissals, violations of the right to collective bargaining and acts of reprisal against unionized workers at the Las Delicias farm. Lastly, the Committee once again appeals to the Government for information on the inquiry which the Office of the Attorney-General was asked to carry out into the alleged surveillance of the IUF premises by persons unknown on 23 August 1993.

The Committee's recommendations

1. 293. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) It is with satisfaction that the Committee has learned of the peace agreements and, in particular, of the agreement on the definitive cease-fire (4 December 1996), of the global agreement on human rights and of the agreement concerning socio-economic aspects and agriculture, which establishes the principles of freedom of association, social dialogue, negotiation and consultation. The Committee is certain that civil peace marks the beginning of a new stage in industrial relations. However, the Committee emphasizes that the return to normality in industrial relations must go hand in hand with the elucidation of all the alleged acts of violence against trade unionists in the cases under consideration by means of the initiation of judicial inquiries so that responsibilities can be determined and the guilty parties punished.
   • (b) The Committee takes note of the decision of the Tripartite Committee for International Affairs to establish a working party to investigate the allegations and hopes that the working party will be able to respond to all the allegations, and counts on the collaboration of the trade unions.
   • (c) While noting the Government's observations concerning the inquiries into certain acts of violence against trade unionists, the Committee regrets that the Government has not provided information on most of the pending allegations (see the annexed list of pending allegations) and requests it to do so urgently, making sure that judicial inquiries have been initiated, and to keep it informed it in this connection.
   • (d) Noting that the judicial proceedings brought in relation to acts of violence against trade unionists, to which the Government has referred, do not seem in general to have been concluded nor to have allowed the guilty parties to be identified and punished, the Committee stresses that the absence of sentences against the guilty parties involves a de facto impunity which aggravates the climate of violence and insecurity, and that this is extremely detrimental to the exercise of trade union activities. The Committee expresses the hope that the judicial inquiries under way and those that are to be initiated will put an end to the situation of impunity which has existed up until now.
   • (e) The Committee also requests the Government to send observations on the allegations of the ICFTU (27 June 1996) and of the CLAT (4 October 1996) concerning the assassination of Luis Armando Pérez, General Secretary of the Trade Union of Customs Workers, the attempted assassination of Sixto Pérez Coche, the Financial Secretary of the Trade Union of Workers of the La Patria Farm and the following of the trade union leader José Antonio García by an armed individual. Furthermore, the Committee repeats its request for information on developments in the inquiries relating to the death of the trade unionist Juan Tarax, Lilian Elizabeth Juárez Escobar, Camilo Ajqui, to the arrests of the trade unionists Silvio Pastor, Pablo Itzel, Teodoro Pastor, Rolando Pastor and Francisco Pastor, and to the abduction of Walter Nájera Molina, who was released.
   • (f) The Committee requests the complainant organizations to provide more details of the alleged death of Edwin Giovanni Hidalgo (according to the Government he was neither a worker nor a trade union leader at the National Electrification Institute, which is why it needs additional information to confirm his death), and on other, too general allegations indicated in the annex to this report.
   • (g) The Committee regrets that the Government has not sent its observations on the dismissals and other acts of anti-union discrimination that occurred at the International Textile Corporation S.A., El Salto farm, La Mariposa bottling enterprise and the Municipality of Coban, and that it has not sent information on developments in the legal proceedings concerning the dismissal of several trade union leaders of the Workers' Union of the San Juan de Dios Hospital. The Committee requests the Government to send information in this connection.
   • (h) The Committee also requests the Government to send its observations on the allegations of anti-union dismissals, violations of the right to collective bargaining and acts of reprisal against unionized workers at the Las Delicias farm.
   • (i) Lastly, the Committee again appeals to the Government to provide information on the inquiry which the Office of the Attorney-General was asked to carry out into the alleged surveillance of the IUF premises by persons unknown on 23 August 1993.

Z. Annex

• Allegations of acts of violence against trade unionists concerning which
• further information is requested from the Government or from the complainants
• Assassinations of trade unionists
  • - Tyron Francisco Segastume, Trade Union of Workers of the Coca-Cola Bottling
• Enterprise (STECSA), in February 1990;
  • - Rujunel Junam (CERJ), on 14 April 1991;
  • - at its meeting in November 1992 - referring to the murder of a worker on 5
• August 1989 during a labour dispute at the La Patria farm (the complainant
• organizations are asked to indicate the name of this worker).
• Disappearances, abductions, assaults and arrests of trade unionists
  • - the grenade attack on the home of Edgar Sánchez Velásquez (rural worker),
• and his subsequent arrest on 21 April 1990;
  • - the attempted abduction of Filiberto Ramírez (member of the Trade Union of
• Workers of the TIPIC S.A. enterprise), on 28 May 1990;
  • - the physical assault of and death threats against Ramon Jacomé Pinto
• (General Secretary of the STIGGS), on 6 February 1991;
  • - the abduction and physical assault of Aura Violeta Flores Acevedo, member of
• the Trade Union of Workers of the Ministry of Culture and Sports (SITRACUDE),
  21. on 21 March 1991;
      • - the armed attack against Fernando Lucero and Luis Ramírez (SITRACUDE
  22. activists), on 20 March 1991;
      • - the abduction and subsequent arrest of José Vidal Pamal Tuchán (General
  23. Secretary of the Trade Union of Workers of the Psychiatric Hospital), on 30
  1. May 1991;
     • - the attempted abduction and death threats which forced Dora Arriaza, leader
  2. of the Trade Union Federation of Public Employees (FENASTEG), into exile, on
  14. 14 May 1991;
      • - the attempted abduction of Yolanda Figueroa (official of the Trade Union of
  15. Customs Officers), and her two daughters, on 21 June 1991;
      • - the abduction, death threats and physical assault of Wosveli Castro, General
  16. Secretary of the Federation of Trade Unions in the Metal Trades (FETRAMEGUA),
  16. on 16 May 1991;
      • - the death threats and physical assault of Rosendo de León Dubón (official of
  17. the National Press Trade Union (STN));
      • - the abduction and subsequent disappearance of Felipe López Mendoza (member
  18. of CERJ), in June 1991;
      • - the physical attack against a member of FESINTROP, on 14 February 1991 (the
  19. complainant organizations are asked to provide the name of the victim);
      • - in the ESDEE Guatemala maquila enterprise, members of the trade union
  20. received death threats and were abducted, with the participation of mobile
• units of the military police (the complainant organizations are asked to
• provide the names of the victims);
  • - the attempted abduction of Mr. Pablo Mazariegos (SITRAEMSA trade unionist),
    3. on 3 December 1993;
  • - Mr. Eligio Quej Morán, member of the ad hoc committee of workers of the
• national police was abducted on 31 May 1994, and tortured. On 25 March 1993
• the National Federation of Public Servants (FENASEP) began the process of
• organizing workers in the national police; the members of the ad hoc committee
• which was set up have since that time been harassed and received death threats
• from the "Jaguar of Justice" death squadron;
  • - the abduction of Mrs. Flor de María Salguero de Laparra, trade unionist of
• FESTRAS who was assaulted, raped and received death threats.