Interim Report - Report No 368, June 2013

Case No 2445 (Guatemala) - Complaint date: 31-AUG-05 - Closed

Allegations: Murders, threats and acts of violence against trade unionists and their families; anti-union dismissals and refusal by private enterprises or public institutions to comply with judicial reinstatement orders; harassment of trade unionists

1. 411. The Committee last examined this case at its June 2012 meeting, when it presented an interim report to the Governing Body [see 364th Report, approved by the Governing Body at its 314th Session (June 2012), paras 519 to 537].
2. 412. The Government sent partial observations in communications dated 31 October 2012 and 28 February and 5 March 2013.
3. 413. 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. 414. At its June 2012 meeting, the Committee made the following recommendations [see 364th Report, para. 537]:
   • (a) The Committee regrets that, despite the time that has elapsed since its last examination of the case, the Government has not sent observations on all the allegations pending from its examination of the case at its March 2010 and March 2011 meetings. Emphasizing that some of the alleged events are extremely serious and occurred in 2004, the Committee expects the Government to send all the information requested in the very near future.
   • (b) With regard to the allegations relating to the absence of measures by the authorities to promote collective bargaining between the El Carmen Estate and the trade union, the Committee regrets that the Government has not supplied the information requested in its previous examination of the case. Taking note of the Government’s statement that the proceedings have stalled, the Committee requests the Government to take the necessary steps to resolve the problem and to keep it informed of any measure taken to promote collective bargaining at the El Carmen Estate.
   • (c) Lastly, with regard to the remaining allegations, in view of the lack of observations from the Government, the Committee once again reiterates the following recommendations:
     • – As regards the allegation concerning death threats against members of the Trade Union Association of Itinerant Vendors of Antigua, including its general secretary, the Committee notes that the competent court was unable to initiate proceedings owing to the lack of information from the trade union. The Committee is bound to observe with regret that this situation results in impunity for those who issued the death threats and requests the Government to take steps to ensure that an independent investigation into these allegations is launched without delay and to keep it informed of its results.
     • – As regards the allegations concerning the attempted murder of trade unionist Mr Marcos Álvarez Tzoc, noting the Government’s indication that the ruling issued by the Constitutional Court against Mr Julio Enrique de Jesús Salazar Pivaral is not yet enforceable, the Committee requests the Government to keep it informed with respect to the enforcement of the penalty imposed by the ruling of the Court of Criminal Judgment.
     • – As regards the murder of Mr Julio Rolando Raquec, the Committee regrets that the investigations have not enabled the perpetrators to be identified and urges the Government to continue to take steps towards this end and to keep it informed of any developments in the investigation in question.
     • – As regards the necessary measures to safeguard the lives of the wife and children of the murdered trade unionist, Mr Julio Rolando Raquec, the Committee requests the Government to make all efforts to discover the whereabouts of Ms Lidia Mérida Coy, the chief eyewitness to the murder of her partner Mr Julio Rolando Raquec. The Committee once again urges the Government to take steps to ensure her safety and that of her children.
     • – The Committee once again requests the Government to communicate the outcome of the inquiries carried out by the national police and the Prosecutor-General for Human Rights into the allegation concerning the selective surveillance and theft of laptop equipment belonging to Mr José E. Pinzón, Secretary-General of the CGTG.
     • – With regard to the alleged dismissal of workers at the El Tesoro Estate (municipality of Samayac), for submitting lists of claims during negotiations on a collective agreement, despite a judicial reinstatement order, the Committee again requests the trade union to which these trade unionists belong, to request the competent legal authority to implement the reinstatement order.
     • – With regard to the alleged threats against the employees of the General Directorate of Civil Aviation who participated in a protest in front of the building against the constant abuse by the administration (according to the allegations, the General Directorate’s chief maintenance officer threatened that they would be reported and subsequently dismissed, if they were five minutes late back to work, and then took photographs of them) and with regard to the intimidation by security officers against the members outside the room where the union’s general assembly was to be held, the Committee regrets that the Government has not sent its observations and urges it to do so without delay.
   • (d) The Committee calls the Governing Body’s attention to the extreme seriousness and urgent nature of this case.

B. The Government’s reply

1. 415. In its communications of 31 October 2012 and 28 February 2013, the Government has sent confidential information concerning the murder, on 28 November 2004, of Mr Julio Rolando Raquec Ishen, General Secretary of the Trade Union Federation of Informal Workers. Based on information provided by the Public Prosecution Services, the Government states that the case has been shelved for lack of cooperation from the victim’s widow, Ms Mérida Coy, an eyewitness to the murder. The Government states that the victim’s widow had initially identified, from a photograph album, a suspect accused of various offences and convicted of a separate murder. The investigation gave rise to the hypothesis that Mr Julio Rolando Raquec Ishen had been murdered because of the extortion suffered by his wife. It is hoped that another eyewitness, who also identified the suspect, will cooperate in the future. The Government adds that the official’s widow, alleging fear of reprisals, had requested relocation to the United States with her family and payments of US$3,000 a month. When presented with a much lower offer, in May 2012, she again refused to cooperate with the investigation, stating that her refusal was final in view of the fact that her requests had not been met.
2. 416. In its communication of 28 February 2013, the Government reports that a group of investigators had been contracted and, under the guidance of the relevant prosecution services, were working to speed up the investigations regarding the violent deaths of trade unionists and identify possible common patterns that might enable to pinpoint any state or other policy behind these crimes.
3. 417. In its communication of 5 March 2013, the Government reports that the Public Prosecution Services have decided to institute a high-level round table with the country’s main trade union associations to analyse cases of violence against trade unionists. This body will meet once a month from 7 March 2013. In addition, the Government reiterates the Public Prosecution Services’ request to the ILO for technical assistance to tackle anti-union violence more effectively.

C. The Committee’s conclusions

1. 418. The Committee regrets that, despite the time that has elapsed since its last examination of the case, the Government has not sent observations on all the allegations pending from its examination of the case at its March 2010, March 2011 and June 2012 meetings. Emphasizing that some of the alleged events are extremely serious and occurred in 2004, the Committee urges the Government to send all the information requested without delay.
2. 419. The Committee takes note of the information provided by the Government concerning the investigations into the murder of trade union official Mr Julio Rolando Raquec, which indicates that a possible motive for the crime could be the extortion of money suffered by the victim’s widow. The Committee regrets that, despite the investigations having identified a suspect, they have not led to those responsible being prosecuted or punished. The Committee recalls that the absence of judgments against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 52]. The Committee underlines the fact that it is essential to the fight against impunity for those who planned and carried out this murder and the motives for the crime to be identified and for the perpetrators to be prosecuted and punished by the courts. The Committee urges the Government to take all necessary steps in this regard and to keep it informed of any developments.
3. 420. The Committee takes note of the information provided by the Government concerning Ms Mérida Coy, the wife of Mr Julio Raquec, indicating that, in May 2012, due to fear of reprisals and because she had received a much lower offer of support than she had hoped for to relocate to the United States, she definitively refused to cooperate in the investigation into her husband’s murder. The Committee expects that, regardless of Ms Mérida Coy’s participation in the investigation, the Government will take the appropriate steps to guarantee her safety and that of her children.
4. 421. The Committee regrets that it has not received new observations from the Government concerning death threats against members of the Trade Union Association of Itinerant Vendors of Antigua, including its General Secretary. The Committee had noted that the court had been unable to initiate proceedings owing to the lack of information from the trade union. The Committee once again regrets that this situation results in impunity for those who issued the death threats. In line with the commitments assumed by the Government of Guatemala in the Memorandum of Understanding signed on 26 March 2013 with regard to the institution of independent and expeditious judicial inquiries and protecting trade union members and officials from violence and threats, the Committee urges the Government to take immediate steps to establish a protection mechanism for persons who receive threats and to launch an independent investigation into these allegations without delay. The Committee requests the Government to keep it informed of the outcome of these actions.
5. 422. The Committee regrets that it has not received new observations from the Government with regard to the allegations concerning the attempted murder of trade unionist Mr Marcos Álvarez Tzoc. The Committee again requests the Government to keep it informed with respect to the enforcement of the penalty imposed by the Court of Criminal Judgment and, recalling the commitments made by the Government when it signed the Memorandum of Understanding on 26 March 2013, the Committee urges the Government to take immediate steps to establish a mechanism to protect Mr Marcos Álvarez Tzoc. As to the remaining allegations, in the absence of the Government’s observations, the Committee yet again reiterates its previous recommendations, as reproduced above under the title of the previous examination of the case.
6. 423. Finally, the Committee notes with interest the Government’s statement that the Public Prosecution Services have decided to institute a high-level round table with the country’s main trade union associations to analyse cases of violence against trade unionists. The Committee also notes with interest the signing, on 26 March 2013, of a Memorandum of Understanding between the Government of Guatemala and the Workers’ group of the ILO Governing Body, in which the Government undertook, among other things, to: institute, through the competent bodies of the State, independent and expeditious judicial inquiries as soon as possible to determine responsibilities and punish those who planned and carried out the murders of trade unionists; and guarantee the safety of workers through effective measures to protect trade union members and officials from violence and threats so that they can pursue their union activities. The Committee firmly expects that these commitments will be translated into actions and tangible results with respect to the allegations still pending in this case and urges the Government to inform it of the results of these actions as soon as possible.

The Committee’s recommendations

1. 424. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that, despite the time that has elapsed since its last examination of the case, the Government has not sent observations on all the allegations pending from its examination of the case at its March 2010, March 2011 and June 2012 meetings. Emphasizing that some of the alleged events are extremely serious and occurred in 2004, the Committee urges the Government to send all the information requested without delay.
   • (b) With regard to the investigations into the murder of union official Mr Julio Raquec, the Committee urges the Government to take all necessary steps to identify the instigators and perpetrators of this murder and the motives for the crime and to ensure that the guilty parties are prosecuted and punished by the courts. The Committee requests the Government to keep it informed of any developments.
   • (c) With regard to the situation of Mr Julio Raquec’s widow, the Committee expects that the Government will take the appropriate steps to guarantee her safety and that of her children.
   • (d) With regard to the death threats against members of the Trade Union Association of Itinerant Vendors of Antigua, the Committee urges the Government to take immediate steps to establish a protection mechanism for the persons who receive these threats and to institute an independent and expeditious judicial inquiry into these allegations without delay. The Committee requests the Government to keep it informed of the outcome of these actions.
   • (e) As regards the allegations concerning the attempted murder of trade unionist Mr Marcos Álvarez Tzoc, the Committee once again requests the Government to keep it informed with respect to the enforcement of the penalty imposed by the ruling of the Court of Criminal Judgment and urges the Government to take immediate steps to establish a mechanism to protect Mr Marcos Álvarez Tzoc.
   • (f) As to the remaining allegations, in the absence of the Government’s observations, the Committee yet again reiterates its recommendations, which are reproduced below:
     • – the Committee once again requests the Government to communicate the outcome of the inquiries carried out by the national police and the Prosecutor General for Human Rights into the allegation concerning the selective surveillance and theft of laptop equipment belonging to Mr José E. Pinzón, Secretary-General of the CGTG;
     • – with regard to the alleged dismissal of workers at the El Tesoro Estate (municipality of Samayac) for submitting lists of claims during negotiations on a collective agreement, despite a judicial reinstatement order, the Committee again requests the trade union to which these trade unionists belong, to request the competent legal authority to implement the reinstatement order; and
     • – with regard to the alleged threats against the employees of the General Directorate of Civil Aviation who participated in a protest in front of the building against the constant abuse by the administration (according to the allegations, the General Directorate’s chief maintenance officer threatened that they would be reported and subsequently dismissed, if they were five minutes late back to work, and then took photographs of them) and with regard to the intimidation by security officers against the members outside the room where the union’s general assembly was to be held, the Committee regrets that the Government has not sent its observations and urges it to do so without delay.
   • (g) The Committee firmly expects that the commitments assumed by the Government in the Memorandum of Understanding signed on 26 March 2013 between the Government of Guatemala and the Workers’ group of the ILO Governing Body will be translated into actions and tangible results with respect to the allegations still pending in this case. The Committee urges the Government to inform it of the results of these actions as soon as possible.
   • (h) The Committee draws the Governing Body’s attention to the extreme seriousness and urgent nature of this case.