Rapport intérimaire - Rapport No. 194, Juin 1979

Cas no 924 (Guatemala) - Date de la plainte: 14-FÉVR.-79 - Clos

1. 360. The complaints of the Latin American Central of Workers (CLAT) and the World Confederation of Labour (WCL) are contained respectively in a telegram of 14 February 1979 and a letter of 2 March 1979. WCL sent further information in communications of 19 April and 9 May 1979. The Government transmitted its observations in a communication of 23 April 1979.
2. 361. 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. A. The complainants' allegations

1. 362. CLAT alleges that a number of trade unionists have been killed, others have disappeared and still others have taken refuge in embassies. Finally, some are said to have left the country because of repression against the trade union movement: this is apparently the case of Edgar Orellana and Emilio Escobar of the STIOS organisation, Marco Antonio Figueroa of ATRG, and Miguel Albizures and Israel Márquez of CNT. The allegations of the WCL also refer to the situation of numerous active trade unionists and trade union officials in the country, particularly those just mentioned: according to the complainants, there are disappearances and killings every day. WCL states that extreme right-wing groups, such as the "secret anti-communist army" (ESA), murder trade union leaders and spread terror by circulating the list of future victims, which includes Julio Celso de Leon, a member of the executive Committee of CLAT.
2. 363. The complaints of both CLAT and WCL also refer to the cancellation by the Government of the registration of the workers' organisations ATRG, ANCEP and AGAE. WCL believes that the Government is preparing a list of other workers' organisations against which similar measures are to be taken, in particular in the teaching, social security and municipal workers' sectors. In addition, all applications for legal personality by workers' organisations have been blocked. Finally, WCL and CLAT request that a commission of inquiry should be sent to the country.
3. 364. In its letter of 19 April 1979 WCL refers to the death of Manuel López Balán , General Secretary of the Trade Union of workers of the "Embotelladora Guatemalteca, Anexos y Conexos" Company of the Guatemalan subsidiary of Coca-Cola. On 5 May 1979, as Mr. López Balán was doing his delivery rounds in zone 6 of Guatemala City, he was attacked and killed by persons unknown, who fled without being apprehended. According to WCL, the crime was not motivated by robbery, since the murderers did not make the slightest attempt to remove the money from the sales. WCL describes in detail the difficulties encountered in the formation of the above-mentioned trade union owing to the hostility of the management. There was, it adds, a climate of permanent confrontation between the management and the executive of the union. Pedro Quevedo, the Chairman of the executive, was recently shot down at the wheel of his truck. Shortly afterwards Israel Márquez Pivaral became General Secretary following trade union elections. He then became the target of attacks by the undertaking. After escaping unharmed from two attempts on his life, he took refuge in the Venezuelan Embassy and later fled to Costa Rica. He was succeeded by Manuel López Balán, whose life was at once threatened on a number of occasions. Finally, Mr. López Balán was killed in the manner described above. Lastly, in a communication of 9 May 1979, the President of WCL refers, among other things, to the imprisonment since 1978 of José Enrique Garcia Castellanos, an official of the union of the Guatemalan Social Security Institute.
4. 365. In its communication of 23 April 1979 the Government stresses that for some years the country has been in the throes of a struggle between clandestine and extremist political groups which foster a climate of violence and terror and threaten the institutions of the State, regardless of the Government's socio-economic development and democratisation programmes. It would appear, said the Government, that the main objective of this struggle was to "destabilise" the Government, seize power and set up a totalitarian régime. It has claimed victims among militants and leaders in both factions. The Government adds that, although most of the state security resources have been used to keep the peace, maintain order and protect the lives and property of citizens, it has so far not been possible to achieve these objectives for a variety of reasons, particularly the lack of economic and technical resources to enable the Government to deal with violence in all its aspects; communist and anti-communist groups are engaged in outright clandestine warfare.
5. 366. The Government adds that it does not at present possess the means enabling it to repress and wipe out these groups, which are operating in relative impunity, but trusts that the investigations which are at present being carried out will provide the basis for their dissolution and will enable their members to be brought before the courts.
6. 367. As regards the withdrawal of legal personality from ATRG, ANCEP and AGAE, the Government states that these associations did not respect the objectives for which they were set up according to their by-laws: instead of defending occupational interests, they participated actively in sectarian politics and were involved in subversive activities against the Constitutional régime.

B. B. The Committee's conclusions

1. 368. The Committee has noted the seriousness of certain allegations made by the complainants, who refer in particular to the death or disappearance of trade union officials; other trade unionists are said to have taken refuge in embassies or abroad. These complaints point to a climate of violence, and this is confirmed by the Government, which stresses that it is the result of a struggle between clandestine extremist groups. It adds that this struggle has claimed victims among militants and leaders of both factions.
2. 369. This situation can only create an atmosphere of insecurity and uncertainty unfavourable to the free exercise of trade union activities and indeed to the very operation of workers' organisations. In these circumstances, trade union officials carrying on their normal activities of defending the workers' interests may at times have justified fears of attempts on their lives. Moreover, the difficulties thus encountered in the exercise of trade union rights risk sparking off further violence and disenchantment with trade unionism, which can only be harmful to the interests of workers and in the long run to the national community as a whole.
3. 370. The Committee has already expressed the view, in earlier cases, that situations of this kind call for firm measures on the part of the authorities. In the present case, it appears from the Government's reply that investigations are being made into the activities of the subversive groups and that their members are to be brought before the courts. The Committee takes note of this information. The allegations presented contain detailed information on the death of Mr. Manuel López Balán, General Secretary of the Union of Workers of the Embotelladora Guatemalteca Company. The Government has not yet replied to this allegation, which was received only recently. The Committee nevertheless wishes to recall at the present stage that, in other cases involving the deaths of trade unionists, it has attached special importance to the circumstances being fully investigated in order to permit a completely objective and independent elucidation of the facts and determination of responsibilities. Nor has the Government replied to the allegations, received shortly before the session of the Committee, concerning the detention since 1978 of José Enrique Garcia Castellanos, an official of the union of the Guatemalan Social Security institute.
4. 371. As regards the withdrawal of legal personality from three workers' organisations (ATRG, ANCEP and AGAE), the Government states that these organisations participated actively in sectarian politics and were involved in subversive activities. In this respect the Committee has always stressed that trade unions do not enjoy any immunity enabling them to engage with impunity in activities lying outside the competence of trade unions and prejudicial to public order. It has nevertheless urged that, in all cases, measures equivalent to the suspension or dissolution of a workers' organisation should be decided by judicial channels under Article 4 of Convention No. 87, ratified by Guatemala, workers' organisations shall not be liable to be dissolved by administrative authority here is, indeed, the risk that such measures, if taken by the administrative authorities, will appear arbitrary. For this reason and in order to guarantee an impartial and objective procedure and the right to defence, such decisions, if necessary, should be taken by a judicial instance enjoying full independence.
5. 372. Section 226 of the Labour Code of Guatemala provides that "if so required by the ministry of Labour and Social Welfare, the Labour and Social Welfare Tribunals may order the winding up of an industrial association if it is established by the legal proceedings: (a) that the association intervenes in electoral affairs or party politics, that it acts in the service of foreign interests contrary to the interests of Guatemala, that it initiates or promotes religious or racial rivalry, that it carries on activities antagonistic to the democratic system established by the Constitution, that it obeys instructions of an international character contrary to the said system, or that it violates in any other manner the provision laid down in section 206, in pursuance of which an industrial association is bound to limit its activities to the furthering and defence of economic and social interests common to its members; " Furthermore, according to section 217 of the Code legal personality is indispensable for a trade union to become operative.
6. 373. In the present case the Committee does not possess precise information as to the type of procedure (judicial or administrative) which led to the withdrawal of legal personality from the three organisations mentioned by the complaints, or on the precise facts which motivated this decision.

The Committee's recommendations

1. 374. In these circumstances the Committee recommends the Governing Body:
   • (a) to express its concern at the violence carried out against trade unionists and which creates a climate unfavourable to the free exercise of trade union activities and the free operation of organisations;
   • (b) to request the Government to communicate its observations on the allegations relating to the death of the trade unionist Manuel López Balán (indicating in particular whether an inquiry is being made into his death and, if so, the results of the inquiry) and the imprisonment of José Enrique Garcia Castellanos;
   • (c) likewise to request the Government to supply precise information on the procedure followed for the withdrawal of legal personality from the ATRG, ANCEP and AGAE organisations and on the precise facts which motivated this decision;
   • (d) to take note of the present interim report.