Interim Report - Report No 348, November 2007

Case No 2295 (Guatemala) - Complaint date: 28-AUG-03 - Closed

Allegations: The complainant organization’s allegations concern the illegality of the composition of the Tripartite Committee on International Labour Affairs, failure to comply with orders for the reinstatement of dismissed trade unionists and anti-union dismissals

711. The Committee last examined this case at its June 2006 meeting and submitted an interim report to the Governing Body [see 342nd Report, paras 518–538]. The Government sent its observations in communications dated 14 August and 29 December 2006 and 30 May 2007.

1. 712. 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. 713. At its June 2006 meeting, the Committee made the following interim recommendations regarding the allegations presented by the complainant organization [see 342nd Report, para. 538]:
2. – The Committee requests the Government and UNSITRAGUA to explain the difference in the rights of titular and deputy members of the Tripartite Committee. The Committee also requests UNSITRAGUA to explain the reasons for which it did not attend the meeting of the Tripartite Committee;
3. – Regarding the alleged illegality of the composition of the Tripartite Committee on International Labour Affairs, the Committee requests the Government to indicate the method employed to determine that the Trade Unions’ and People’s Action Unit (UASP) is the most representative, to explain why the organization is listed in the civil registry and not in the public registry of trade unions, like other trade union organizations in the country, and to outline the trade union functions and activities carried out by the association;
4. – Regarding the dismissal of four workers from the Quetzal Harbour Company, the Committee requests the complainant organization to provide the names of the dismissed workers and to inform it of the circumstances under which they were dismissed;
5. – Regarding the alleged non-compliance with judicial orders for the reinstatement of 29 workers belonging to the Workers’ Trade Union of Golan SA, the Committee requests the Government to take the necessary measures to ensure that the company reinstates the dismissed workers immediately, in accordance with the judicial orders, and to keep it informed of developments in the matter;
6. – Regarding the dismissal of 50 workers, recruited on an occasional basis for the sugar cane harvest, from the Palo Gordo Agricultural, Industrial and Refining Company SA, the Committee requests the Government once again to inform it whether the dismissed workers initiated court proceedings and of the outcome of any such proceedings.
7. B. The Government’s replies
8. 714. In its communication of 14 August 2006, the Government indicates with regard to the difference in the rights of titular and deputy members of the Tripartite Committee that, in accordance with the government agreement on the establishment and membership of the Committee, neither titular nor deputy Committee members receive preferential treatment and all members enjoy the same rights at Committee meetings. As for the method employed to determine which trade union organization is the most representative for the purposes of entitlement to membership of the Tripartite Committee, this was based on the bona fide judgement of the Ministry, which invited all types of organizations in the country capable of rallying broad public support. As for the mechanism employed to determine the Committee’s composition, official letters were sent to trade union federations, confederations and central trade union organizations, inviting them to make proposals regarding the Committee’s membership. On the basis of the responses received, the Ministry selected the members of the Committee impartially and in good faith, taking into account the need for continuity in the work already undertaken and for the integration of new members who would provide constructive input and proposals to facilitate the discussion and resolution of issues at the different meetings of the Tripartite Committee.
9. 715. In its communication of 29 December 2006, the Government reports that it sent a list of the new members of the Tripartite Committee on International Labour Affairs, indicating that the Trade Unions’ and People’s Action Unit (UASP) was no longer a member of the Committee. It adds that the UASP was duly invited to join the Committee but showed no interest at all in doing so, and was therefore not considered as a member. The Government points out that, as can be noted in the membership agreement, UNSITRAGUA is once again a member of the Tripartite Committee on International Labour Affairs and that, as of 19 October 2006, the UNSITRAGUA representative has been attending and actively participating at every meeting.
10. 716. Lastly, in its communication of 30 May 2007, the Government, referring to the allegations that the company Golan Group SA dismissed the 29 workers as soon as it found out about the formation of the trade union, states that the Justice of the Peace of the municipality of Villa Canales in the department of Guatemala reported that a public hearing has yet to be held in this case because of the difficulties of getting trade unionists to appear in court. The Government indicates that three of the unionists were found to be in contempt of court and formally summoned to appear at a public hearing scheduled for 7 May 2007; a report on the outcome of the hearing is still pending.

C. The Committee’s conclusions

1. 717. The Committee observes that the allegations that are still pending in the present case refer to the difference in the rights of titular and deputy members of the Tripartite Committee on International Labour Affairs; the illegality of the composition of the Tripartite Committee on International Labour Affairs; the dismissal of four workers from the Quetzal Harbour Company; non-compliance with judicial orders for the reinstatement of 29 workers belonging to the Workers’ Trade Union of Golan SA; and the dismissal of 50 workers from the Palo Gordo Agricultural, Industrial and Refining Company SA, who had been recruited on an occasional basis for the sugar cane harvest.
2. 718. Regarding the difference in the rights of titular and deputy members of the Tripartite Committee on International Labour Affairs, the Committee notes the Government’s information according to which, in accordance with the provisions of the government agreement on the establishment and membership of the Committee in question, neither titular nor deputy Committee members receive preferential treatment and all members enjoy the same rights. Furthermore, the Committee observes that UNSITRAGUA has not provided information explaining why it did not attend the Committee’s meeting.
3. 719. As regards the alleged illegality of the composition of the Tripartite Committee on International Labour Affairs, the Committee had, at its June 2006 meeting, requested the Government to indicate the method employed to establish that the UASP is the most representative organization, to explain why the organization is listed in the civil registry, rather than the public registry of trade unions, as the country’s other trade union organizations are, and to outline the trade union functions and activities carried out by the association. In this regard, the Committee notes that according to the Government, the UASP is no longer a member of the Committee, that, as of 19 October 2006, UNSITRAGUA is once again a member, and that its representative attends and actively participates at every meeting.
4. 720. With regard to the alleged dismissal of four workers from the Quetzal Harbour Company, the Committee recalls that it had requested the complainant organization to provide the names of the dismissed workers and to inform it of the circumstances under which they were dismissed. In view of the fact that the complainant organization has not communicated the requested information, the Committee will not pursue its examination of these allegations.
5. 721. With regard to the non-compliance with judicial orders for the reinstatement of 29 workers belonging to the Workers’ Trade Union of Golan SA, the Committee had requested the Government to take the necessary measures to ensure that the company would reinstate the dismissed workers immediately, in accordance with the judicial rulings, and to keep it informed of developments in the matter. In this regard, the Committee notes that according to the Government: (1) the Justice of the Peace of the municipality of Villa Canales in the department of Guatemala reported that a public hearing has yet to be held in this case because of the difficulties encountered in getting trade unionists to attend court; and (2) three of the unionists were as a result of this found to be in contempt of court and summoned to appear at a public hearing scheduled for 7 May 2007; a report on the outcome of the hearing is still pending. The Committee expects that the workers in question will be reinstated in the very near future, in accordance with the judicial rulings to that effect. The Committee requests the Government to keep it informed in this respect.
6. 722. Lastly, regarding the dismissal of 50 workers recruited on an occasional basis for the sugar cane harvest, from the Palo Gordo Agricultural, Industrial and Refining Company SA, the Committee had requested the Government to inform it whether the dismissed workers initiated court proceedings and of the outcome of any such proceedings. The Committee regrets that the Government has not communicated its observations in this regard and urges it to send them without delay.

The Committee's recommendations

• D. The Committee’s recommendations
  723. 723 In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
       • (a) The Committee expects that the 29 workers belonging to the Workers’ Trade Union of Golan SA who were dismissed will be reinstated in the very near future, in accordance with the judicial rulings to that effect. The Committee requests the Government to keep it informed in this respect.
       • (b) Regarding the alleged dismissal of 50 workers, recruited on an occasional basis for the sugar cane harvest, from the Palo Gordo Agricultural, Industrial and Refining Company SA, the Committee urges the Government to inform it without delay whether the dismissed workers initiated court proceedings, and to inform it of the outcome of any such proceedings.