Rapport intérimaire - Rapport No. 241, Novembre 1985

Cas no 1262 (Guatemala) - Date de la plainte: 23-MAI -84 - Clos

495. The Committee examined Cases Nos. 1176, 1195 and 1215 at its November 1984 and May 1985 meetings and on both occasions submitted an interim report to the Governing Body (see 236th Report, paras. 401-525, and 239th Report, paras. 210-225, approved by the Governing Body at its 228th Session (November 1984) and 230th Session (May-June 1985), respectively). The Committee also examined Case No. 1195 at an earlier meeting (see 230th Report, paras. 689-699, approved by the Governing Body at its 224th Session (November 1983)).

1. 495. The Committee examined Cases Nos. 1176, 1195 and 1215 at its November 1984 and May 1985 meetings and on both occasions submitted an interim report to the Governing Body (see 236th Report, paras. 401-525, and 239th Report, paras. 210-225, approved by the Governing Body at its 228th Session (November 1984) and 230th Session (May-June 1985), respectively). The Committee also examined Case No. 1195 at an earlier meeting (see 230th Report, paras. 689-699, approved by the Governing Body at its 224th Session (November 1983)).
2. 496. At its meeting in February 1985, the Committee examined Case No. 1262 and submitted an interim report to the Governing Body (see 238th Report, paras. 269-281, approved by the Governing Body at its 229th Session (February-March 1985)).
3. 497. Subsequently, the International Confederation of Free Trade Unions (ICFTU) and the World Federation of Trade Unions (WFTU) submitted new allegations in connection with Case No. 1195 in communications dated 13 June and 24 July 1985, respectively. The Autonomous Trade Union Federation of Guatemala (FASGUA) presented further allegations in connection with Case No. 1215 in a communication dated 4 September 1985.
4. 498. The Government sent a certain number of observations in two communications dated 28 August 1985.
5. 499. 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 cases

1. 500. When the Committee examined Cases Nos. 1176, 1195 and 1215 at its meeting in May 1985, it made the following recommendations regarding the allegations still pending (see 239th Report, para. 225):
   • (a) The Committee expresses its deep concern at the serious nature of the situation which is characterised by the detention, kidnapping, assault or assassination of trade union leaders and other persons connected with the trade union movement, all the more so since some of the allegations date from January 1983 and the whereabouts of the abducted persons remain unknown.
   • (b) The Committee urges the Government to do its utmost to ensure that the investigations under way - which should be conducted by the judiciary - result in the whereabouts of those who have disappeared being clarified (Julián Revolorio, Raimundo Pérez, Yolanda Urízar, Manuel Francisco Contreras, José Luis Ramos, Luis Estrada, Víctor Ascón, Lucrecia Orellana, Gracida Samayoa and her two children and Antonia Argüeta), the facts being elucidated in full, responsibilities being determined and the guilty parties being punished. The Committee requests the Government to inform it of developments on this point.
   • (c) The Committee draws the Government's attention to the principle that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to the inviolability of human life and personal safety, are fully respected and guaranteed.
   • (d) The Committee requests the Government to send its observations on the allegations contained in FASGUA's communications of 10 October 1984 (the closing down of operations at the Universal Textiles Factory with a view to destroying the union and the kidnapping of the brother of the trade unionist Valerio Oscal) and 12 February 1985 (assault on, and kidnapping of, Mr. Sergio Vinicio Samayoa Morales), as well as on those contained in the communications from the ICFTU and ORIT dated 10 May 1985 (abduction of the trade union leader Felicita Floridalma Lucero).
2. 501. With respect to Case No. 1262, the Committee made the following recommendations concerning the allegations still pending at its meeting in February 1985 (see 238th Report, para. 281):
   • (a) The Committee expresses its deep concern at the serious nature of the allegations which refer, in particular, to many cases of kidnapping and disappearance or attempted kidnapping, as well as the serious physical assault of trade union leaders or trade unionists, and deplores the fact that the Government has not sent detailed information in this respect except as regards one person mentioned by the complainants.
   • (b) As regards the attempted kidnapping of the trade union leader Alvaro René Sosa and the physical assault of which he was the victim, the Committee urges the Government to carry out a judicial inquiry with a view to elucidating the facts in full, determining responsibilities and punishing the guilty parties. The Committee requests the Government to supply information on any such inquiry and on its outcome.
   • (c) As regards the kidnapping and disappearance or attempted kidnapping of the other trade union leaders or trade unionists mentioned by the complainants (in one case the allegation concerns the kidnapping of the brother of a trade union leader who had escaped various attempts at capture), the Committee urgently requests the Government to carry out the necessary investigations to determine the whereabouts of the persons who have allegedly disappeared and to initiate a judicial inquiry with a view to elucidating the facts in full, determining responsibilities and punishing the guilty parties for the kidnappings or attempted kidnappings. The Committee requests the Government to supply information on any such inquiry and on its outcome.
   • (d) In general, the Committee draws to the Government's attention the principle that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.

B. New allegations

1. 502. In a communication dated 13 June 1985, the ICFTU refers to a mission which it sent from 27 January to 9 February 1985 to Central America, where among other countries it visited Guatemala. According to information received by the mission, Guatemala is living in a state of insecurity because of the persistent policy of intimidation and terror employed against the population, while the practice of arrest and disappearance has become a standard and systematic instrument of repression from which an alarming number of victims have suffered, especially trade union leaders both in the towns and in the country.
2. 503. The ICFTU adds that the mission drew up a list of cases of arrest and disappearance, assassinations and attacks on trade union leaders and activists; 97 instances of arrest and disappearance and 37 assassinations were cited between 1980 and May 1985. The list of trade union leaders and members who have disappeared or been kidnapped, assassinated or physically attacked appears in an annex to this report. (This list does not include persons already cited in other cases brought before the Committee on Freedom of Association.)
3. 504. In its communication dated 24 July 1985, the WFTU refers to the kidnapping of trade union leader Felicita Floridalma Lucero, an allegation that was previously brought before the Committee in connection with Case No. 1195.
4. 505. In its communication dated 4 September 1985, FASGUA alleges that on 1 September 1985 the body was discovered of Eleazar Esaú Barrera Martínez, an employee of the textile factory Fábrica de Tejidos Imperial who had been kidnapped during mass demonstrations against the increase in prices and in support of wage claims. According to FASGUA, his body was found hanging by the neck from an electric wire and bore signs of torture.
5. 506. FASGUA adds that on the morning of 4 September 1985 nurse Rita Josefina Pineda Aldana was kidnapped by armed men.
6. 507. Finally, FASGUA alleges that on 3 September 1985, 500 members of the National Army supported by 12 artillery trucks and about 20 tanks launched an attack on the University of San Carlos and searched every building, including the headquarters of the University Workers' Union where they caused extensive damage and seized trade union documents.

C. The Government's reply

1. 508. The Government states in its communications dated 28 August 1985 that all the complaints concerning alleged violations of freedom of association communicated to it by the ILO have been passed on to the Ministry of the Interior with instructions to transmit to the Committee on Freedom of Association any information that may come to light as a result of its inquiries.
2. 509. The Government adds that a copy of the statement it received to the effect that Floridalma Lucero y Lucero and Amancio Samuel Villatoro had disappeared has been communicated to the competent tribunal and that investigations are being conducted to determine their whereabouts. With respect to the disappearance of Julián Revolorio, Raymundo Pérez, Yolanda Urizar Martínez de Aguilar, Manuel Francisco Contreras, José Luis Ramos, Luis Estrada, Victor Ascón, Lucrecia Orellana, Graciela Samayoa and her children, Fermín Solano, Antonio Argüeta and Sergio Venicio Samayoa Morales, the Government states that none of the persons cited are being held in any of the country's detention centres but that inquiries are being made into their whereabouts. The Government indicates that, in the case of investigations of this nature, the judiciary is duly informed by the General Directorate of the National Police through the competent tribunal.
3. 510. The Government states further that it has collaborated closely with the judiciary and the Supreme Court of Justice in the investigations into disappearances and in the habeas corpus proceedings. The Head of State has accordingly set up a committee consisting of representatives of the Ministry of National Defence, the State Prosecutor's Office and the Ministry of the Interior to determine the whereabouts of the persons listed as having disappeared; in its efforts to arrive at the truth, the Committee has conducted an investigation throughout the country, issued the necessary orders to all state security forces and invited the civilian authorities to collaborate. It appears from the investigations that the persons whose names appear on the list submitted by the Mutual Support Group to the committee are not being held in any penal or preventive detention centre in the country.
4. 511. The Government goes on to state that the investigations must be considered as being still under way since, inter alia, it has not yet been possible to obtain the list of Guatemalan citizens who have emigrated to Mexico in order to determine whether some of the persons who have disappeared are listed as official residents of that country. The Government indicates that, at the request of the interested parties and in accordance with the law, the State Prosecutor's Office has initiated penal proceedings with the Court of First Instance and with the Justices of the Peace of the Penal Branch of the Departments of Petén, Quetzaltenango, Zacapa and Guatemala City in connection with alleged kidnappings and has taken part in proceedings already initiated. The Government states that in the course of the investigations conducted in the various departments of the Republic, no allegations were made regarding the existence of detention centres other than the legally constituted penal centres for preventive detention and for the serving of prison sentences.
5. 512. The Government declares that the committee has conducted a thorough official investigation at the national level, employing all possible means at its disposal, and that its report constitutes the most thorough investigation of the problem of "disappeared persons" that the present Government has carried out in its efforts to establish the facts.
6. 513. Finally, with respect to the alleged closing down of operations at the Universal Textiles Factory, the Government states that the General Labour Inspectorate and the General Labour Directorate collaborated fully with the workers who had lodged a petition against its closure. According to the Government, the workers and the undertaking reached an agreement which included the payment of compensation. The only point on which agreement was not reached, despite the efforts of the General Labour Inspectorate, concerned five trade union leaders. Charges were accordingly brought against the undertaking in June 1985 with the competent labour tribunal which has not yet handed down its ruling.

D. The Committee's conclusions

1. 514. The Committee notes the Government's statement that the Head of State has set up a committee consisting of representatives of the Ministry of National Defence, the State Prosecutor's Office and the Ministry of the Interior to determine the whereabouts of the persons listed as having disappeared and that the Committee has conducted a nation-wide investigation with the collaboration of the civilian and military authorities. The Committee also notes that, according to the Government, the persons listed as having disappeared are not being held in any penal or preventive detention centre.
2. 515. The Committee notes that, according to the Government, inquiries have been made into the whereabouts of trade union leaders Felicita Floridalma Lucero y Lucero, Amancio Samuel Villatorio and Sergio Vinicio Samayoa Morales. The Committee also notes the Government's statement that it has not yet been possible to establish the whereabouts of other kidnapped trade union leaders and members (Julián Revolorio, Raimundo Pérez, Yolanda Urízar, Manuel Francisco Contreras, José Luis Ramos, Luis Estrada, Víctor Ascón, Lucrecia Orellana, Graciela Samayoa and her two children, Fermín Solano and Antonia Argüeta). The Committee regrets that the Government has not supplied any details on the other 31 trade union leaders and members who have disappeared or on the alleged assassination of 13 trade union leaders and members and physical attacks on another union leader. The Committee further recalls that it had requested the Government to conduct a judicial inquiry into the attempted kidnapping and physical attacks on former trade union leader Alvaro René Sosa.
3. 516. In these circumstances, the Committee recalls in general terms that when a climate of violence prevails in a country, this renders the exercise of trade union rights practically impossible and also recalls, as did the International Labour Conference in its 1970 Resolution concerning trade union rights and their relation to civil liberties, that the absence of civil liberties removes all meaning from the concept of trade union rights and that the rights conferred on workers' and employers' organisations must be based on respect for those civil liberties. It expresses its profound concern at the seriousness of a situation in which a large number of trade union leaders and members have been assassinated or have disappeared, particularly since some of the allegations date back several years and there is no sign of any improvement in the situation or of the facts being elucidated.
4. 517. The Committee urges the Government once again to do its utmost to ensure that the investigations under way result in the establishment of the whereabouts of the trade union leaders and members listed in the annex to this report as having disappeared. The Committee requests the Government to ensure that these investigations cover all the trade unionists listed as having disappeared who have been cited by the complainants and to inform it of the outcome.
5. 518. With respect to the trade union leaders and members who have been assassinated or have suffered serious physical harm, the Committee notes that inquiries are being carried out by the administrative authorities. It urges the Government to carry out judicial inquiries in order to elucidate the facts in full, determine responsibilities and punish the guilty parties. The Committee requests the Government to keep it informed of the outcome.
6. 519. With respect to the alleged closing down of operations at the Universal Textiles Factory in order to destroy the trade union, the Committee observes that the Government does not refer specifically in its statement to the alleged anti-union nature of the closure of the factory. The Committee therefore requests the Government to indicate the grounds for closing down operations at the factory.
7. 520. Lastly, the Committee observes that the Government has not replied to the alleged attack on the headquarters of the San Carlos University Workers' Union by National Army troops, and the serious damage caused and the seizing of trade union documents. The Committee requests the Government to send its observations on the matter.

The Committee's recommendations

1. 521. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • (a) The Committee recalls in general terms that when a climate of violence prevails in a country, this renders the exercise of trade union rights practically impossible and also recalls that the absence of civil liberties removes all meaning from the concept of trade union rights, and that the rights conferred on workers' and employers' organisations must be based on respect for those civil liberties.
   • (b) The Committee expresses its profound concern at the seriousness of a situation in which a large number of trade union leaders and members have been assassinated or have disappeared, particularly since some of the allegations date back several years and there is no sign of any improvement in the situation or of the facts being elucidated.
   • (c) The Committee urges the Government once again to do its utmost to ensure that the investigations under way result in the establishment of the whereabouts of the trade union leaders and members listed in the annex to this report as having disappeared. The Committee requests the Government to ensure that these investigations cover all the trade unionists listed as having disappeared who have been cited by the complainants and to inform it of the outcome.
   • (d) With respect to the trade union leaders and members who have been assassinated or have suffered serious physical harm, the Committee notes that inquiries are being carried out by the administrative authorities. It urges the Government to carry out judicial inquiries in order to elucidate the facts in full, determine responsibilities and punish the guilty parties. The Committee requests the Government to keep it informed of the outcome.
   • (e) With respect to the alleged closing down of operations at the Universal Textiles Factory in order to destroy the trade union, the Committee requests the Government to indicate the grounds for closing down operations at the factory.
   • (f) Lastly, the Committee observes that the Government has not replied to the alleged attack on the headquarters of the San Carlos University Workers' Union by National Army troops, and the serious damage caused and the seizing of trade union documents. The Committee requests the Government to send its observations on the matter.

ANNEX LIST OF TRADE UNION LEADERS AND MEMBERS WHO HAVE DISAPPEARED OR BEEN ASSASSINATED

1. A. Persons listed as having disappeared on whom the Committee has already requested information from the Government
2. 1. Julián Revolorio (According to the ICFTU; the body of this trade union leader was discovered on 23 September 1983 and bore signs of torture.)
3. 2. Raimundo Pérez
4. 3. Yolanda Azcón
5. 4. Manuel Francisco Contreras
6. 5. José Luis Ramos
7. 6. Luis Estrada
8. 7. Víctor Ascón
9. 8. Lucrecia Orellana
10. 9. Graciela Samayoa and her two children
11. 10. Fermín Solano
12. 11. Antonia Argüeta
13. 12. Sergio Vinicio Samayoa Morales
14. 13. Felicita Floridalma Lucero y Lucero
15. 14. Sr. Oscal
16. 15. Cecilio Tejax Coj
17. 16. José Guillermo Bran
18. 17. Miguel Angel Gómez
19. 18. José Luis Vilargrán
20. 19. José Guillermo García
21. 20. Alejandro del Cid Hernández
22. 21. Amancio Samuel Villatoro
23. 22. Misquisidet Miranda
24. 23. Sergio Manfredo Peltetón
25. 24. Sergio Aldana Galván
26. 25. Edgar Fernando García
27. 26. Alfredo Aguilar Tzoc
28. 27. Alejandro Hernández González
29. 28. Otto René Estrada
30. 29. Rubén Amilcar Farfán
31. 30. Armando Ramírez Peña
32. B. Persons whose disappearance has been alleged recently
33. 31. Julio César Pérez Gálvez (24 August 1980)
34. 32. Ileana Minera (24 August 1980)
35. 33. Miguel Guerra Duarte (March 1981)
36. 34. Abner Recinos Alfaro (11 August 1981)
37. 35. Juan José Alvarado (24 December 1981)
38. 36. Marta Lares Huitz (5 August 1982)
39. 37. Carmen Yolanda Mayorga (10 August 1982)
40. 38. Amanda de Díaz (27 September 1983)
41. 39. Julio Cermeño (17 November 1983)
42. 40. Alfonso Alvarado Plascencio (1 February 1983)
43. 41. Víctor Hugo Quintanilla and his wife (19 February 1983)
44. 42. Jerónimo López Díaz (14 August 1983)
45. 43. Edgar Morales Arias (13 January 1985)
46. 44. Carlos Humberto Carballo (17 January 1985)
47. 45. Rita Josefina Pineda Aldana (4 September 1985)
48. C. Persons who have been assassinated or seriously wounded
49. 46. Máximo Vásquez Melgar (union leader assassinated on 5 May 1980)
50. 47. Gabriel Guzmán (union leader assassinated on 5 November 1981)
51. 48. Israel Rodríguez (union leader assassinated on 5 November 1981)
52. 49. Julio Raúl Calito Ardón (union leader assassinated on 1 January 1982)
53. 50. Edgar López Figueroa (union leader assassinated on 16 January 1982)
54. 51. Rubia Dorina García (trade unionist assassinated on 5 March 1982)
55. 52. Joaquín Darío Sagastume (trade unionist assassinated on 5 August 1982)
56. 53. Vicente Ordóñez (trade unionist assassinated on 13 August 1983)
57. 54. Marcelino Velázquez (trade unionist assassinated on 14 August 1983)
58. 55. Santiago López Aguilar (trade unionist assassinated on 17 February 1984)
59. 56. Alvaro René Sosa Ramos (former union leader who was the victim of an attempted kidnapping and received three bullet wounds on 13 March 1984)
60. 57. Silvio Matricardi (union leader whose body was discovered on 16 March 1984)
61. 58. Aurelio Coto Melgar (trade unionist whose body was discovered on 14 March 1985)
62. 59. Sebastián Quino Guarcas (union leader seriously wounded by government security forces on 23 May 1985)
63. 60. Esaú Barrera Martínez (trade unionist assassinated on 1 September 1985).