Rapport intérimaire - Rapport No. 238, Mars 1985

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

1. 269. The complaints are contained in communications from the World Federation of Trade Unions, the National Committee on Trade Union Unity of Guatemala (CNUS) and the Automomous Trade Union Federation of Guatemala (FASGUA), dated respectively 6 February, 23 May and 16 October 1984. The WFTU made new allegations in communications dated 14 and 28 February, 19 March and 13 June 1984, the CNUS in a communication dated 6 June 1984 and FASGUA in a communication dated 24 January 1985. The Government furnished some information concerning one aspect of the case in a communication dated 22 March 1984.
2. 270. Given the failure of the Government to reply to the allegations since the receipt of the above-mentioned partial communication dated 22 March 1984, the Committee made an urgent appeal to the Government at its meeting of November 1984 (see 236th Report, paragraph 11), and pointed out that in accordance with the procedural rules in force, it would present a report on the substance of the case at its next meeting even if the Government's observations had not been received at that date. Since then no reply has been received from the Government.
3. 271. Parallel to the presentation of the complaints, various trade union organisations requested the Director-General of the ILO to intervene with the Government on matters similar or identical to those contained in the allegations made in the present case. The Director-General immediately requested the Government to send its observations in this connection.
4. 272. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087), and the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. The complainants' allegations

1. 273. The complainants allege the kidnapping of the following trade union leaders and trade unionists:
   • - Cecilio Tejax Coj, Secretary-General of the Workers' Union of the Santa Rosa Estate, Sumatán (Department of Chimaltenango). Kidnapped on 6 November 1983, by six armed men, presumably members of the special army groups and police corps, in the inter-city bus terminal of the town of Santa Lucéa Cotzumalguapa (Department of Escuintla).
   • - José Guillermo Bran and Miguel Angel Gómez, respectively Secretary-General and Administrative Secretary of the Workers' Trade Union of the Panteleón Sugar Mill. Kidnapped on 22 November 1983.
   • - José Luis Villagrán, member of the Executive Committee of the Trade Union of the Tejidos Universales Factory. Kidnapped on 15 January 1984.
   • - José Guillermo García and Alejandro del Cid Hernández, trade unionists of the Workers' Trade Union of the Mirandilla Sugar Mill. Kidnapped between 29 January and 4 February 1984.
   • - Amancio Samuel Villatoro, leader of the Workers' Central Trade Union of Guatemala and former Secretary-General of the Trade Union of the Adams Products Factory. Kidnapped on 30 January 1984 in Colonia Primero de Julio, in the vicinity of his residence.
   • - Misquisidet Miranda, building trade unionist. Kidnapped in the city of Guatemala on 31 January 1984.
   • - Sergio Manfredo Peltetón, legal adviser of the Workers' Trade Union of the Mirandilla Sugar Mill. Kidnapped in the city of Guatemala on 4 February 1984.
   • - Sergio Aldana Galván, Secretary-General of the Worker' Union of Prensa Libre. Kidnapped in the city of Guatemala on 11 February 1984.
   • - Edgar Fernando García, Secretary of the Workers' Trade Union of the Central American Glass Undertaking. Kidnapped on 18 February 1984.
   • - Alfredo Aguilar Tzoc, leader of the National Central of Workers. Kidnapped and missing since 25 April 1984.
   • - Alejandro Hernández González, Secretary of the National Federation of Municipal Workers. Kidnapped on 13 May 1984.
   • - Otto René Estrada, member of the Workers' Trade Union of the University of San Carlos. Kidnapped and missing since 17 May 1984 when four armed men in civilian clothes intercepted him near his house in zone 19 (in the west part of the city of Guatemala).
   • - Rubén Amilcar Farfán, delegate on the council of representatives of the Workers' Trade Union of the University of San Carlos. Kidnapped and missing since 18 May 1984, in circumstances similar to those of Otto René Estrada.
   • - Armando Ramírez Peña, Industrial Relations Secretary of the Trade Union of the Ray-O-Vac Battery Factory. Kidnapped on 23 January 1985 in zone 6 of the city of Guatemala by heavily armed men.
2. 274. Furthermore, the complainants allege the kidnapping of Alvaro René Sosa Ramos, former leader of the Trade Union of the "Diana" Factory and the National Central of Workers, on 13 March 1984. According to the complainants, as he was taken away after being handcuffed, he managed to escape from his captors who opened fire on him with sub-machine guns, hitting him with three bullets. Seriously wounded, he managed to reach the Belgian Embassy from where he was transferred to a hospital in the neighbourhood.
3. 275. Finally, the complainants allege that Valerio Oscal, Financial Secretary of the Union of Workers of the Tejidos Universales Factory is being subjected to a cruel and intimidating experience. Although several unsuccessful attempts have been made to capture him, during the last attempt, when he was absent from his house, armed men captured his brother instead, who has been missing since 14 May 1984.

B. The Government's reply

1. 276. In its communication of 22 March 1984, the Government states that Mr. Alvaro René Sosa Ramos, chased by unidentified persons, entered the residence of the Belgian Ambassador on 13 March 1984 after being hit by gunshot. Under the protection of this diplomatic mission and the police he was taken to a private hospital where a surgical operation was performed. He is now fully recovering and left the hospital on the morning of 22 March and travelled the same day to Canada via Miami on flight PAA 404 with an ordinary Guatemalan passport and visitor's visa. He was taken from the hospital to the airport by the ambassadors of Belgium and Venezuela and an official of the Foreign Office.

C. The Committee's conclusions

1. 277. First, the Committee must deplore the fact that, despite the extremely serious nature of the allegations concerning the kidnapping and disappearance or the attempted kidnapping of 18 trade union leaders or trade unionists (whose whereabouts in most cases are unknown), as well as serious physical assault against them, the Government has not sent its observations on these allegations except as regards one person mentioned by the complainants. The Committee deplores this attitude all the more so since it had made an urgent appeal to the Government in November 1984 requesting it to transmit its observations as a matter of the greatest urgency. In the circumstances, the Committee is obliged to examine the case even though a complete statement has not been received from the Government.
2. 278. As regards the attempted kidnapping of the trade union leader Alvaro René Sosa, concerning whom the Government has supplied some information, and the serious physical assault of which he was the victim, the Committee notes that, according to the Government, on 13 March 1984 this trade union leader, chased by unidentified persons, entered the residence of the Belgian Ambassador after being hit by gunshot. The Government states that Mr. Sosa then underwent a surgical operation in a hospital and that on 22 March 1984, well on the way to recovery, he took a flight to Canada. 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 for the attempted kidnapping and serious physical assault of Mr. Sosa. The Committee requests the Government to supply information on any such inquiry into this matter and on its outcome.
3. 279. With regard to the kidnapping and disappearance or attempted kidnapping of the other trade union leaders or trade unionists mentioned by the complainants (one case concerns the kidnapping of the brother of a trade union leader who had escaped various attempts at capture), the Committee expresses its deep concern at the serious nature of the allegations and urges the Government to carry out the necessary investigations to determine the whereabouts of the persons who have 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.
4. 280. 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 (see, for example, 233rd Report, Case No. 1233 (El Salvador), para. 682).

The Committee's recommendations

1. 281. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • 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.