Rapport intérimaire - Rapport No. 284, Novembre 1992

Cas no 1539 (Guatemala) - Date de la plainte: 25-JUIN -90 - Clos

1. 706. The Committee has examined these cases on a number of occasions, the last being at its November 1991 meeting, when it submitted an interim report to the Governing Body (279th Report of the Committee, paras. 642 to 664, approved by the Governing Body at its 251st Session (November 1991)). In communications dated 17 December 1991 and 22 April 1992, the International Confederation of Free Trade Unions (ICFTU) and the Latin American Central of Workers (CLAT) made new allegations. In a communication of 31 July 1992 the Guatemalan Education Workers' Trade Union (STEG) provided information requested by the Committee. The Government sent its observations in a communication dated 9 September 1992.
2. 707. 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. 708. The complainants' allegations that remained pending concern the requests for information on inquiries into murders, death threats and other serious forms of intimidation against trade union officials and on anti-union discrimination practices against strikers.
2. 709. At its November 1991 Session, the Governing Body approved the following interim recommendations of the Committee:
   • - as regards the murders of José Orlando Pantaleón, José León Segura de la Cruz and Carlos Humberto Rivera, the Committee notes that proceedings have been initiated to establish the facts surrounding these cases and requests the Government to provide information on their outcome;
   • - as regards the allegations of death threats and other serious forms of intimidation against STEG leaders, in particular against the General Secretary, Mr. Werner Miranda Calderón, and another member of the trade union who was allegedly abducted and subjected to inhumane treatment by members of the secret police, the Committee notes that the Government has failed to send any reply. The Committee invites the Government to adopt suitable measures as soon as possible so as to prevent any kind of threat of psychological intimidation against trade union leaders and trade union members. Likewise, it requests the Government to state whether investigations have been opened into these serious allegations and, if so, to indicate their outcome;
   • - as regards the allegations of anti-union discrimination against strikers, such as the dismissal of teachers and economic sanctions, the Committee requests the Government to indicate whether the dismissed teachers have been reinstated;
   • - the Committee, having taken note of the copy of the new Act on national education adopted on 9 January 1991, requests the complainant organisation to provide comments on the aspects of this Act concerning the present case and on its practical application.

B. New allegations and information from the complainants

1. 710. In its communication of 17 December 1991, the ICFTU states that from January 1991 onwards, acts of repression had been stepped up against trade unionists. The ICFTU alleges many murders (15), arrests (58), death threats, abductions and physical attacks against trade union officials and activists as well as many acts of anti-union discrimination (see Annex).
2. 711. In its communication of 20 April 1992, the CLAT alleges the persecution of workers belonging to trade union organisations in various estates in the south of the country, the dismissal - on anti-union grounds - of 29 workers from the La Abundancia estate which belongs to the Corporación de Inversiones Metropolitanas SA, the unjustified dismissals of 40 workers from the La Patria estate in Santa Barbara (Suchitepequez) and the dismissal of 65 workers in the Municipality of Palin.
3. 712. In its communication of 31 July 1992, the STEG replies to the Committee's request for information on the Act on national education adopted on 9 January 1991, alleging certain general violations of trade union rights in the teaching sector but without giving further details; from its information it appears that there have been problems as regards the right of teachers to conclude collective agreements.

C. The Government's reply

1. 713. In its communication of 9 September 1992, the Government states, with respect to the outstanding allegations, that the State of Guatemala has set up its second democratic Government which will allow the consolidation of social peace within a normal settlement process. The Government adds that it can in no way accept responsibility for the consequences of the events that occurred during the term of office of the previous Government, but that these events are not being overlooked and are being investigated by the competent authorities.
2. 714. As regards the allegations pending concerning the proceedings initiated to shed light on the murders of José Orlando Pantaleón, José León Segura de la Cruz and Carlos Humberto Rivera, the Government points out that the courts ordered a temporary stay of proceedings because they did not find sufficient evidence to bring to trial the persons accused of the murders.
3. 715. The Government states with respect to the death threats and serious intimidation against members of the national teaching profession, that the authorities have taken the necessary steps to avoid these being repeated in the future. Finally, as regards the dismissal of teachers and the financial sanctions imposed on them, the Government states that the outstanding salaries have been paid.

D. The Committee's conclusions

1. 716. As regards the pending allegations concerning the request for information on the judicial inquiries initiated to shed light on the murders of José Orlando Pantaleón, José León Segura de la Cruz and Carlos Humberto Rivera, the Committee notes the Government's observations to the effect that the courts ordered a temporary stay of proceedings because they did not have sufficient evidence to bring to trial those persons accused of having committed the murders. The Committee requests the Government to keep it informed on the outcome of the judicial inquiries.
2. 717. As concerns the death threats and serious acts of intimidation against members of the national teaching profession, the Committee takes note of the Government's observations that it had taken the necessary steps to avoid these being repeated in the future. Furthermore, with respect to the dismissal of teachers and the financial sanctions imposed on them, the Committee notes the Government's statement that the salaries due have been paid. The Committee regrets that the Government did not provide information on the reinstatement of the teachers dismissed by the previous Government and requests it once again to indicate whether they were in fact reinstated in their jobs.
3. 718. With regard to the information supplied by the STEG concerning the Act on national education of 9 January 1992, the Committee notes that it appears from this information that there have been problems with respect to the right of teachers to conclude collective agreements. The Committee requests the Government to inform it whether the workers in the teaching sector do have the right to conclude collective agreements.
4. 719. Finally, the Committee regrets to note that the Government did not reply to the new allegations submitted by the ICFTU and the CLAT referring to the following issues:
   • - the many murders (15), physical attacks, abductions, arrests (58) and death threats against trade union officials and activists (see Annex); and
   • - the various measures of anti-union discrimination (many dismissals and refusals to recognise the legal personality of trade unions) (see Annex).
     • In these circumstances, the Committee requests the Government to send it urgently detailed observations on these matters, indicating whether judicial inquiries have been carried out with a view to shedding light on the murders, abductions, arrests and physical attacks against trade union officials and activists, and to determining responsibility and punishing the guilty parties.

The Committee's recommendations

1. 720. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed on the outcome of the judicial inquiries into the murders of José Orlando Pantaleón, José León Segura de la Cruz and Carlos Humberto Rivera.
   • (b) The Committee requests the Government once again to inform it whether the dismissed teachers were in fact reinstated in their jobs.
   • (c) The Committee requests the Government to inform it whether workers in the teaching sector have the right to conclude collective agreements.
   • (d) The Committee expresses its concern at the seriousness of the new allegations submitted by the ICFTU and the CLAT and requests the Government to reply to these as soon as possible, indicating whether judicial inquiries have been carried out with a view to shedding light on the murders, abductions, arrests and physical attacks against trade union officials and activists, and to determining responsibility and punishing the guilty parties.

Z. ANNEX

• Trade union officials and activists murdered
  1. 1 Carlos Enrique Segastume; and
  2. 2 Tyron Francisco Segastume (Workers' Union of the Central Coca Cola Bottling
• Enterprise - STECSA) in February 1990;
  3. 3 Néstor René Osario Sandoval (Workers' Union of the National Electricity
• Institute - STINDE) in March 1990;
  4. 4 Juan Tarax (trade union activist in the Pilar Retalhuen sugar enterprise)
• in April 1990;
  5. 5 Petronillo Hernández Vasilio (Organising Secretary of the Independent
• Agricultural Workers' Trade Union of La Reformita, Moyuta, Jutiapa) in July
  1990. 1990;
  6. 6 Lilian Elizabeth Juarez Escobar (member of the special strike committee of
• the Workers' Trade Union of the Social Security Institute - STIGSS) in April
  1991. 1991;
  7. 7 Dinora José Perez Valdez (bank trade union activist) in April 1991;
  8. 8 Oscar Oswaldo Luna Aceituno (member of the Workers' Trade Union of the
• University of San Carlos) in June 1991;
  9. 9 Edwin Guivanni Hidalgo Jerez (member of STINDE) in August 1991;
  10. 10 José Maria Ixcuyat (peasant activist) in May 1990;
  11. 11 Camilo Ajqui Gimon (member of the Council of Ethnic Communities, Rujunel
• Junam - CERJ) on 14 April 1991;
  12. 12 Federico Tay Osorio; and
  13. 13 Diego Tay Vicente (rural workers) on 6 July 1991;
  14. 14 Julio César Pérez (rural worker) on 13 July 1991;
  15. 15 Pedro Genevevo Escobar (rural worker) on 20 July 1991.
• Assaults, abductions and arrests of trade unionists
  1. 1 The grenade attack on the home of Edgar Sánchez Velásquez (rural worker)
• and his subsequent arrest on 21 April 1990.
  2. 2 The attempt to abduct Filiberto Ramirez (member of the Workers' Trade Union
• of the TIPIC S.A. enterprise) on 28 May 1990.
  3. 3 The police repression of strikers of the Social Security Institute (STIGSS)
  11. on 11 February 1990.
  4. 4 The physical assault on and death threats against Ramón Jacome Pinto
• (Secretary-General of STIGSS) on 6 February 1991.
  5. 5 The arrest of 50 strike leaders from STIGSS in April 1991.
  6. 6 The abduction of and physical attack against Aura Violeta Flores Acevedo
• (member of the Workers' Trade Union of the Ministry of Culture and Sport
• SITRACUDE) on 21 March 1991.
  7. 7 The attack with firearms against Fernando Lucero and Luis Ramirez
• (SITRACUDE activists) on 20 March 1991.
  8. 8 The arrest, physical attack against and criminal trial against Otto Iván
• Rodriguez Vanegas (former Secretary-General of the STINDE) on 5 April 1991.
  9. 9 The armed attack against Victor Alfredo Chacoj (member of the Road
• Transport Union), resulting in his being seriously injured, in April 1991.
  10. 10 The abduction and subsequent arrest of José Vidal Pamal Tuchan
• (Secretary-General of the Psychiatric Hospital Workers' Union) on 30 May 1991.
  11. 11 The attempt to abduct and death threats against Dora Arriaza (leader of
• the Trade Union Federation of State Employees FENASTEG) on 14 May 1991, which
• forced her into exile.
  12. 12 The attempt to abduct Yolanda Figueroa (official of the Customs Officials'
• Trade Union) and two of her sons on 25 June 1991.
  13. 13 The abduction, death threats against and physical attack on Wosveli Castro
• (Secretary-General of the Federation of Trade Unions in the Metal Trades
• FETRAMEGUA) on 16 May 1991.
  14. 14 Death threats against and physical attack on Rosendo de León Dubón and the
• attempt to abduct Mauricio Raxcacó Henriquez (officials of the National Press
• Trade Union STN).
  15. 15 The arrests of Silvio Pastor, Pablo Itzel Hernández, Teodoro Pastor Itzep,
• Rolando Pastor Hernández and Francisco Pastor Hernández (members of CERJ) on
  24. 24 and 26 May 1991.
  16. 16 The abduction and subsequent disappearance of Felipe López Mendoza (member
• of CERJ) in June 1991.
  17. 17 The physical attack against a member of the FESINTROP on 14 February 1991.
• Death threats against trade unionists
  1. 1 Luis Fernando Juárez Girón, Francisco Alberto Ortiz and Juan José Ortiz
• Aguirre (Secretary-General, Secretary of inter-union relations and Treasurer
• of FESINTROP) in February and March 1991;
  2. 2 all of the Executive of FENASTEG on 6 May 1991;
  3. 3 Byron Morales and Sergio Guzmán (leaders of the Union of Workers of
• Guatemala UNISTRAGUA) on 17 May 1991;
  4. 4 Juan Francisco Alfaro Mijangos (Secretary-General of the Confederation of
• Trade Union Unity of Guatemala);
  5. 5 Clemente Morales Chavez and David Noé Morales de la Cruz (Secretary-General
• and Registrar of the Union of Workers of Public Works in Encuintla) in May
  1991. 1991;
  6. 6 Sonia Argueta Sis (Street Vendors' Trade Union) in May 1991;
  7. 7 Carlos Molina Ochaeta (Civil Aviation Workers' Union in Petén) in May 1991;
  8. 8 Irene Dieguez and Eva Judith Gálvez (Sales Representatives' Association) in
  1. May 1991;
  9. 9 Amilcar Mendez Urizar (CERJ official) in August 1991.
• Measures of anti-union discrimination
  1. 1 The dismissal of 29 workers from the La Torre estate, with a view to
• disbanding its trade union.
  2. 2 The dismissal of 60 workers belonging to the trade union of the Banco
• Metropolitano in February 1991.
  3. 3 The violent police repression of workers on strike at the CAVISA glass
• factory on 3 July 1990.
  4. 4 The refusal to recognise the legal personality of the union of workers of
• the state enterprise in the port of Guetzal, and the imprisonment and
• subsequent refusal to reinstate the Secretary-General of the trade union,
• Ruben Terry Amezquita.
  5. 5 The setting up of associations to undermine the workers' trade unions in
• the enterprises - Distribuidora de Sur Occidente and Compañia de Productos
• Duralita.
  6. 6 The refusal to recognise the legal personality of the Workers' Union of the
• General Directorate of the Forestry Commission and subsequent dismissal of 21
• workers on 27 July 1990.
  7. 7 The campaign of intimidation against workers belonging to the municipal
• workers' trade union in Cuyotenango, Suchitepequez.
  8. 8 The dismissal of 30 employees of the Municipality of Malactan on 15 January
  1991. 1991
  9. 9 The dismissal of 30 employees of the Municipality of Esquipulas, who had
• tried to set up a trade union, on 23 January 1991.
  10. 10 Dismissals of employees in the Municipalities of San Martin
• (Guetzaltenango), San Andrés Xecul (Totonicapan), Chiquimulilla (Santa Rosa),
• Santa Catarina Ixatahuacan (Solala), Rabinal (Baja Verapaz), San Mateo
• (Quetzaltenango), Coatepeque (Quetzaltenango), San Andrés Villa Seca
• (Retalhuleu), San Pedro Carcha (Alta Verapaz), Cuyotenango (Suchitepequez),
• San José el Idolo (Suchitepequez), San Antonio (Suchitepequez) and Salcaja
• (Quetzaltenango).
  11. 11 The persecution of workers belonging to trade union organisations in
• various estates in the south of the country.
  12. 12 The dismissal, on anti-trade union grounds, of 29 workers at the La
• Abundancia estate, belonging to the Corporación de Inversiones Metropolitanas
• SA.
  13. 13 The dismissal of 40 workers at the La Patria estate in Santa Barbara
• (Suchitepequez).
  14. 14 The dismissal of 65 workers in the Municipality of Palin.