Interim Report - Report No 367, March 2013

Case No 2708 (Guatemala) - Complaint date: 20-APR-09 - Closed

Allegations: Interference by the authorities in the internal affairs of the Guatemalan Workers’ Trade Union (UNSITRAGUA)

1. 766. The Committee last examined this case at its November 2011 meeting and presented an interim report to the Governing Body [see 362nd Report, paras 1099–1122, approved by the Governing Body at its 312th Session (November 2011)].
2. 767. The Government sent a partial reply to the requested information in a communication dated 16 January 2013.
3. 768. 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. 769. In its previous examination of the case in November 2011, the Committee made the following recommendations on the matters still pending [see 362nd Report, para. 1122]:
   • (a) The Committee urges the Government to communicate its detailed observations with regard to the alleged interference of the Government in the internal affairs of UNSITRAGUA (the original organization). Furthermore, the Committee requests the Government to send the court rulings relating to the legal proceedings launched by Daniel Eduardo Vásquez Cisneros.
   • (b) With regard to the split within UNSITRAGUA, the Committee requests the Government to keep it informed of developments in the situation relating to the registration of UNSITRAGUA (the original organization) and to ensure that this organization is registered without let or hindrance.
   • (c) With regard to the allegation that the Government has excluded UNSITRAGUA (the original organization) from all bipartite or tripartite dialogue forums, especially the National Tripartite Commission, the Committee requests the Government to take all necessary measures to include the organization in the abovementioned National Tripartite Commission and to keep it informed in this regard.

B. The Government’s reply

1. 770. In a communication dated 16 January 2013, the Government supplied a copy of the decision of 30 May 2011 in favour of the UNSITRAGUA-Historica representatives as regards the convocation of the Assembly of Representatives in 2010. The Government denies having interfered in the internal conflict between the two factions of UNSITRAGUA.

C. The Committee’s conclusions

1. 771. The Committee observes that the complainant organization in this case had alleged the interference of the authorities (the Ministry of Labour and Social Security and the First Chamber of the Labour and Social Security Court) in the internal affairs of UNSITRAGUA (the original organization), showing favouritism towards one of the blocs produced by a split within the organization in 2008. According to the allegations, both groups claim the trade union name UNSITRAGUA and probably property belonging to the trade union.
2. 772. The Committee observes that in its reply, the Government denies having interfered in the internal conflict of UNSITRAGUA and limits itself to sending a copy of the decision of 30 May 2011 in favour of UNSITRAGUA (the original organization) (against the other faction) as regards the convocation of the Assembly of Representatives in 2010. The Committee considers that it has not received all the information requested and reiterates once again recommendations (a) and (b) that it made to the Government at its November 2011 meeting. As regards recommendation (c), the Committee was informed that UNSITRAGUA (the original organization) is represented in the National Tripartite Commission.

The Committee’s recommendations

1. 773. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges the Government to communicate its detailed observations with regard to the alleged interference of the Government in the internal affairs of UNSITRAGUA (the original organization). Furthermore, the Committee requests the Government to send the court rulings relating to the legal proceedings launched by Daniel Eduardo Vásquez Cisnero without delay.
   • (b) With regard to the split within UNSITRAGUA, the Committee requests the Government to keep it informed of developments in the situation relating to the registration of UNSITRAGUA (the original organization) and to ensure that this organization is promptly registered without let or hindrance.