Interim Report - Report No 367, March 2013

Case No 2869 (Guatemala) - Complaint date: 06-JUN-11 - Follow-up cases closed due to the absence of information from either the complainant or the Government in the last 18 months since the Committee examined the cases

Allegations: Dismissal of trade union leaders following the re-establishment of the Trade Union of Gas Bottling, Transport, Distribution and Maintenance Workers of the companies belonging to the TOMZA Group

1. 774. The complaint is contained in a communication from the Trade Union Confederation of Guatemala (CUSG) dated 6 June 2011.
2. 775. Since there has been no reply from the Government, the Committee was obliged to postpone its examination of the case at its November 2012 meeting, having received no observations on several requests, and it made an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report (1972), approved by the Governing Body, it could present a report on the substance of the case at its next meeting even if the observations or information requested had not been received in time [see 365th Report, para. 5]. To date, the Government has not sent any information.
3. 776. 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. The complainant’s allegations

1. 777. In its communication of 6 June 2011, the CUSG alleges that on 24 May 2011 a group of workers re-established the Trade Union of Gas Bottling, Transport, Distribution and Maintenance Workers of the companies belonging to the TOMZA Group and submitted the corresponding documents to the Ministry of Labour and Social Welfare to register the elected executive board (nine members). The CUSG states that between 28 May and 2 June 2011, all the elected leaders were dismissed in violation of the legislation, the ratified ILO Conventions and the collective agreement (which had been automatically extended since 1990). The CUSG indicates that at the date of the complaint the Ministry of Labour and Social Welfare has not taken steps to guarantee the immunity of the persons dismissed, which is established by law, and submits a ruling by the third labour and social welfare court of first instance, of 2 June 2011, ordering the reinstatement of the leaders in question, who work in different companies in the gas sector.

B. The Committee’s conclusions

1. 778. The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the complainant’s allegations, even though it has been requested several times, including through an urgent appeal, to present its comments and observations on this case.
2. 779. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1971)], the Committee is obliged to present a report on the substance of the case without being able to take account of the information that it had hoped to receive from the Government.
3. 780. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in practice. The Committee is confident that, while the procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, para. 31]. The Committee requests the Government to be more cooperative in the future.
4. 781. The Committee observes that this case refers to the dismissal, between 28 May and 2 June 2011, of nine leaders of the Trade Union of Gas Bottling, Transport, Distribution and Maintenance Workers of the companies belonging to the TOMZA Group following the re-establishment of the trade union on 24 March 2011 with the appointment of the nine members of the executive board. The Committee observes that the complainant submits a ruling by the third labour and social welfare court of first instance, dated 2 June 2011, ordering the reinstatement of the nine trade union leaders in question.
5. 782. In these circumstances, while highlighting the seriousness of the allegations and recalling that no one should be dismissed or subject to prejudicial measures for carrying out legitimate activities, such as the re-establishment of a trade union, the Committee expects the Government to ensure that the companies in question have complied with the abovementioned reinstatement order and to keep it informed in this regard.

The Committee’s recommendations

1. 783. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets to note that, despite several requests and an urgent appeal, the Government has failed to provide any information on the allegations.
   • (b) While highlighting the seriousness of the allegations and recalling that no one should be dismissed or subject to prejudicial measures for carrying out legitimate activities, such as the re-establishment of a trade union, the Committee expects the Government to ensure that the companies in question have complied with the abovementioned reinstatement order and to keep it informed in this regard.