Effect given to the recommendations of the committee and the Governing Body - Report No 357, June 2010

Case No 2390 (Guatemala) - Complaint date: 30-SEP-04 - Closed

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

1. 43. At its November 2008 meeting the Committee made the following recommendations concerning this case [see 351st Report, paras 78–80].
   • The Committee observes that the two Horticultura de Salamá trade unionists whose reinstatement was ordered by the courts are currently abroad. The Committee requests the complainant organization to inform these trade unionists of the court decision concerning their reinstatement so that they can act on it as they see fit.
   • As to the allegations concerning dismissals and anti-union acts by the NB Guatemala company, the Committee notes the decision of the Human Rights Procurator in which he considers that no violation of freedom of association has taken place. The Committee invites the complainant organization to provide its comments in that regard if it so wishes.
   • Lastly, the Committee regrets that the Government has not sent the information requested on the allegations concerning INTECAP (acts of interference, pressure and threats against workers to force them to leave the trade union). Therefore, the Committee reiterates its earlier recommendation, and again requests the Government to take the necessary measures to ensure that an independent inquiry is carried out into the alleged facts and to keep it informed in that regard, as well as of the result of the tripartite committee’s attempts at conciliation.
2. 44. The Committee noted the Government’s information that it had submitted the pending issues to the Tripartite Committee on International Labour Affairs in order to find a solution, that several meetings had already been held and that information would be provided on the agreements reached by the parties. The Committee requested the Government to keep it informed of developments, pointed out that the pending issues dated back to 2004 and therefore expected that they would soon be resolved.
3. 45. In its communications of 13 November 2009 and 26 March 2010, the Government says that the two Horticultura de Salamá trade unionists (María Gilberto Garrido and María García Garrido) have withdrawn their legal request for reinstatement, and that the workers’ union of INTECAP has abandoned the complaint filed alleging interference, pressure and threats intended to force the workers to leave the trade union, as the change of management of INTECAP on 1 April 2009 has resulted in the total elimination of the causes that gave rise to the allegations.
4. 46. The Committee notes this information. The Committee further observes that, despite having been invited to do so, the complainant organization has not commented on the decision of the Human Rights Procurator stating that no violation of freedom of association has taken place, and therefore considers that it should not pursue its examination of this matter.