Interim Report - REPORT_NO368, June 2013

1. 425. The Committee last examined this case at its March 2012 meeting, when it presented an interim report to the Governing Body [see 363rd Report approved by the Governing Body at its 313th Session (March 2012), paras 574–619].
2. 426. The Movement of Unions, Indigenous and Peasants of Guatemala (MSICG) sent additional information and new allegations in communications dated 26 September 2012 and 15, 17, 18, 20 and 22 February 2013. The Trade Union Confederation of Guatemala (CUSG) also sent new allegations in a communication dated 11 April 2012.
3. 427. The Government sent its observations in communications dated 21 and 27 March; 24, 25, 26, 27 and 30 April; 7, 16 and 22 May; 6 June; 8, 9, 21 and 27 August; 12, 27 and 28 September; 15 and 30 October; 29 November; 6, 10 and 27 December 2012; 11 and 15 January; 11, 14 and 25 February; 5 and 15 March; 19 April and 6 May 2013.
4. 428. 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. 429. The Committee made the following recommendations at its March 2012 meeting [see 363rd Report, para. 619]:
   • (a) The Committee expresses its deep concern at the gravity of this case, given the numerous murders, attempted murders, assaults and death threats, kidnappings, harassment and intimidation of trade union officials and members, and also the allegations of blacklisting and the climate of total impunity. The Committee deeply regrets that the Government only provides a partial reply in respect of the allegations made.

   Previously examined allegations of violence

   • (b) With regard to the murders of Mr Mario Caal and Mr Jaime Nery González, the Committee requests the complainant to indicate, in addition to the date on which the events occurred, the location of the events and the judicial authority with which the complaint was filed.
   • (c) With regard to the murders of union official Mr Israel Romero Istacuy and union members Mr Diego Gustavo Chite Pu and Mr Sergio Alejandro Ramírez Huezo, the Committee urges the Government once again to send information without delay on the investigations into these murders.
   • (d) The Committee requests the Government to keep it informed of the outcome of the investigations into the murders of union members Ms Olga Marina Ramírez Sansé and Mr Pedro Antonio García. The Committee urges the Government once again to conduct independent judicial investigations without delay into the murders of Mr Víctor Alejandro Soyos Suret and Mr Luis Arnaldo Ávila, and to keep it informed of their outcome and the subsequent criminal proceedings.
   • (e) With regard to the attempted murder of Mr Julián Capriel Marroquín, the Committee requests the Government to keep it informed of the outcome of the investigation in progress.
   • (f) With regard to the alleged death threats against SITRABI, the Committee urges the Government once again to send its observations on the matter without delay.
   • (g) With regard to the murder of union official Mr Marco Tulio Ramírez Portela, the Committee requests the Government to keep it informed of the outcome of the investigation in progress.
   • (h) With regard to the disappearance of the minor Ms María Antonia Dolores López, the Committee requests the Government to indicate whether any investigations have been conducted into this matter.
   • (i) With regard to the death threats against Ms Lesvia Morales and the attempted murder of Mr Leocadio Juracán, the Committee requests the complainant organization to indicate the place where the complaint was filed so that the Government can take follow-up action.
   • (j) With regard to the allegations of violence to which the Government has not replied, the Committee emphasizes their seriousness and regrets the lack of information from the Government. The Committee urges the Government to take steps to ensure that the investigations opened are concluded without delay so that the perpetrators are duly punished and requests the Government to provide detailed information on the outcome of the investigations. The Committee refers to the following investigations:
     • – the investigations concerning the injured workers from the Union of Small Traders and Allied Workers;
     • – the investigations concerning the death of a trade unionist following the use of excessive force and concerning the allegations of attempted extrajudicial killings, death threats and injuries to union members;
     • – the investigations concerning the death threats received by members of the National Health Union;
     • – the investigations concerning the criminal proceedings brought against officials of the Union of Workers of the Municipality of Zacapa; and
     • – the observations in relation to the allegations of harassment and intimidation submitted by SITRAPETEN, the CCDA and the MSICG.
   • (k) The Committee deeply deplores the acts of violence described in the complaint and expresses its deep concern at the large number of trade union officials and members who have been murdered and draws the Government’s attention to the fact that trade union rights can only be exercised in a climate that is free of violence, pressure or threats of any kind against trade unionists, and it is for governments to ensure that this principle is respected. The Committee once again observes with deep concern that the Government does not report on any murder suspects being detained. The Committee requests the Government to take measures as a matter of urgency to combat the total impunity observed in relation to these allegations and urges the Government to take steps to ensure that the investigations opened are concluded without delay so that the perpetrators are duly punished and requests the Government to provide detailed information on the outcome of the investigations and the criminal proceedings instituted in this regard.
   • (l) Regretting that the Government has not supplied any information on the following aspects of several other of its previous recommendations, namely:
     • – the investigations concerning alleged blacklisting;
     • – the investigations concerning the alleged violation of freedom of association at the Las Américas SA and Crown Plaza Guatemala hotels;
     • – the registration and recognition of trade unions; and
     • – the outcome of the decisions taken by the judicial authorities regarding the reinstatement orders and dismissals affecting the Union of Workers of the Municipality of Chimaltenango, the Committee urges the Government to send the requested information relating to these allegations.

   New allegations relating to acts of violence

   • (m) The Committee underlines the extreme seriousness of these allegations. The Committee deeply deplores the murders of 12 union officials and 13 union members (between 2007 and 2010), apart from the numerous cases already referred to in the context of the present case, and reiterates the principles referred to above. The Committee urges the Government to conduct independent inquiries without delay into the murders of the following union officials and members: Julio Cesar Ixcoy García, Pedro Zamora, Rosalio Lorenzo, Armando Sánchez, Maura Antonieta Hernández, Pedro Ramírez de la Cruz, Julio Pop Choc, Gilmer Orlando Borror Zet, Evelinda Ramírez Reyes, Samuel Ramírez Paredes, Juan Fidel Pacheco Coc, Bruno Ernesto Figueroa, Liginio Aguirre, Salvador del Cid, Licinio Trujillo, Aníbal Ixcaquic, Norma Sente Ixcaquic, Matías Mejía, Juana Xoloja, Willy Morales, Víctor Gálvez, Jorge Humberto Andrade, Adolfo Ich, Luis Felipe Cho and Héctor García. The Committee requests the Government to keep it informed of the outcome of the investigations and the subsequent criminal proceedings.
   • (n) As regards the murder of Mr Miguel Angel Felipe Sagastume, founder and former Seceretary-General of the Finca El Real Workers’ Union, the Committee requests the Government to send its observations on the matter without delay.
   • (o) With regard to the attack against Ms Maria de los Angeles Ruano Almeda and Ms Ingrid Migdalia Ruano on 7 November 2011, the Committee requests the Government to provide its observations thereon without delay.

   Other allegations

   • (p) With regard to the deduction of payments by the municipality of Malacatán, the Committee requests the Government to keep it informed of further developments.
   • (q) With regard to the climate of impunity which is mentioned repeatedly on account of undue delays amounting to a denial of justice, the Committee requests the Government to send its observations in this regard without delay.
   • (r) The Committee draws the special attention of the Governing Body to the serious and urgent nature of this case.

B. Additional information and new allegations from the complainants

Additional information

1. 430. In its communication dated 26 September 2012, the MSICG states that from 2007 to 25 September 2012 there were 73 murders of trade union members and union rights’ defenders. In 97 per cent of these cases, the victims and their organizations were involved in disputes over labour grievances or over issues relating to indigenous people’s rights. The MSICG indicates that most of these cases were duly reported to the Public Prosecutor’s Office of Guatemala. In addition, there were 269 violent incidents against trade union members and union rights’ defenders over the same period, including, inter alia, attempted extrajudicial killings, kidnappings, torture, rape, injuries and threats.
2. 431. The complainant indicates that it is pointless to try to end the very serious situation of anti-union violence with social dialogue initiatives while the criminal investigation bodies are still completely ineffective. The weakness of the Public Prosecutor in pursuing crimes against trade unionists is evident as it has only dealt with some cases, and these exclusively concerned trade union leaders. The Public Prosecutor’s Office is made up of only five officials who are all in the capital, and this unit is not capable of seriously investigating cases of anti-union violence. Furthermore, the complainant states that the information that the Government provided the Committee about the progress of the investigations and of the criminal procedures in the cases of anti-union violence is often inconsistent and very superficial. The complainant firmly rejects the policy of the Public Prosecutor’s Office of systematically dismissing the possibility that the crime was motivated by anti-union sentiment even when the perpetrators and masterminds behind these murders have not been convicted or when there has been no investigation.
3. 432. With regard to the murder of Mr Jaime Nery González, the MSICG indicates that it reported this murder to the Public Prosecutor’s Office in 2008, that the case is before the Public Prosecutor’s Office in Jalapa (agency No. 1) and that the guilty party has still not been identified despite the amount of time that has passed. The MSICG states that it reported the murder of Mr Mario Caal to the Public Prosecutor’s Office in 2008, that the case is being handled by the unit for crimes against trade union members, that criminal proceedings have not been conducted and that no guilty party has been identified. The complainant considers that in denying the existence of these cases, the State of Guatemala shows its anti-union policy.
4. 433. Regarding the murder of Mr Víctor Alejandro Soyos Suret, the MSICG indicates that he was a Public Prosecutor’s Office official and a member of the Union of Employees of the Criminal Investigation Directorate of the Office of the Public Prosecutor (SITRADICMP), who was murdered in 2007; that the case is before the Public Prosecutor’s Office for offences against life, under file No. MP 001/2009/59368; and that those responsible for this crime are still unknown. The complainant provides a communication concerning this case addressed to SITRADICMP from the Office of the Public Prosecutor dated 13 September 2012, which states that the Office intends to claim that Mr Víctor Alejandro Soyos Suret was not a trade union member in order to avoid investigating the case.
5. 434. With regard to the death threats against Ms Lesvia Morales and the attempted murder of Mr Leocadio Juracán, the MSICG indicates that both cases were reported to the district Public Prosecutor and the Human Rights Ombudsman based in the capital. The MSICG adds that temporary protective measures have been coordinated with the Ombudsman until Mr Leocadio Juracán left the country with his family.
6. 435. In communications dated 15 and 17 February 2013, the MSCIG provides additional information concerning the climate of labour impunity resulting from a significant backlog of labour-related cases and from not reinstating workers who were victims of anti-union dismissals. The complainant claims that the labour and social welfare courts’ practice of suspending the reinstatement of dismissed trade union members if the employer challenges the court order for reinstatement violates labour legislation and the jurisprudence of the Constitutional Court, according to which reinstatement should not just be arranged within 24 hours but must actually be carried out within that same period. The complainant notes the case of many workers at the Tax Authority and the Guatemalan League against Heart Diseases, who were dismissed for setting up trade unions and who have still not been reinstated. The complainant also alleges that in the case of the dismissal of members of the Finca la Soledad Workers’ Union in the municipality of Patulul (SITRASOLEDAD), the employer has repeatedly refused to comply with the reinstatement orders with the complicity of the judicial authorities and without the Supreme Court agreeing to apply the law against judges who delay the administration of justice.
7. 436. In a communication dated 20 February 2013, the MSCIG provides additional information concerning alleged obstacles standing in the way of unions gaining recognition and being registered. The complainant provides a list of 21 trade unions which have been refused registration in 2012 and 2013, and ten instances where the application to register trade unions has led to an employer filing their opposition which is then reviewed by the State for denying registration. The complainant adds that the attempts to form the Trade Union with Principles and Values of the Tax Authority (SITRAPVSAT), the Trade Union for the Dignity of the Tax Authority Workers (SIPROSAT) and the Guatemalan League against Heart Diseases Workers’ Union (SIDETRALICO) reflect the State’s anti-union policy which, in turn, explains the steady decline in union membership at the national and sectoral levels.

New allegations of violence

1. 437. In a communication dated 11 April 2012, the CUSG alleges that Mr Roberto Oswaldo Ramos Gómez, Secretary for Labour and Disputes at the Workers’ Union of the Municipality of Coatepque and member of the advisory council of the CUSG, was shot dead on 2 April 2012 while working in the booth at the municipal car park. The CUSG states that the murder remains unsolved. In addition, the CUSG indicates that the workers in the Municipality of Coatepeque are being threatened, intimidated and dismissed in violation of the existing collective agreement, and the Ministry of Labour and Social Welfare has not reacted.
2. 438. In its communication of 26 September 2012, the MSICG alleges that Mr Manuel de Jesús Ramírez, Secretary-General of the Technical and Administrative Support Workers’ Union of the Public Criminal Defence Institute, was murdered on 1 June 2012. He had been previously reinstated after a long trial following his anti-union dismissal, and was the subject of criminal proceedings brought by his employer.

Other allegations

1. 439. In communications dated 18 and 22 February 2013, the MSICG alleges that the Workers’ Union of the Guatemalan Social Security Institute, the Professional Workers’ Union of the Guatemalan Social Security Institute, the Organized Workers’ Union of the National Attorney-General’s Office and the Workers’ Union of the Office of the Comptroller General of United Accounts for Development were harassed and criminally prosecuted.

C. The Government’s reply

Murders

1. 440. In a communication dated 28 February 2013, the Government states that it contracted a group of investigators who, under the direction of the relevant public prosecutors, worked to speed up the investigations related to the murder of trade unionists and to identify any common patterns that would have made it possible to identify a state policy or other type of policy behind these crimes. In this context, the Government provides an analytical study of 51 cases of deaths presented to the Committee on Freedom of Association. The Government indicates that of the 51 cases analysed, 15 are assigned to the Public Prosecutor’s Office for crimes against life, eight to the specially created Public Prosecutor’s Office for hearing cases of crimes against trade union members, four to the municipal Public Prosecutor’s Office of Coatepeque-Quetzaltenango, and the rest are distributed among other Public Prosecutor’s Offices across the country. The Government maintains that the limited number of cases assigned to the Public Prosecutor’s Office for crimes against trade union members is justified because, in the majority of the cases, the motive of the murder is not related to the victims’ union activities. Based on the documentation available or based on the claims of the victims’ families, 12 victims were union leaders, ten were union members, while in 19 cases there is no evidence documenting the union affiliation of the victims. In addition, five people belonged to community organizations and another five people died during a conflict between informal traders and the town hall of Coatepeque about an issue related to the municipal market.
2. 441. As for the main hypotheses for the motives behind the killings, the Government indicates that in 33 cases the motive for the deaths was related to common crime, three cases were clearly related to the victims’ union activity, four cases were related to social demonstrations, six cases were related to a confrontation between the Coatepeque municipal authorities and the market traders from that community, a politically motivated case, a case which occurred in the context of State security forces, one for inter-union differences and in two cases the motive remains unknown.
3. 442. Additionally, the Government maintains that a sentence was handed down in six of these cases, an arrest warrant was issued or is forthcoming in eight of these cases, a hearing is pending for one case, three cases are expected to be resolved soon, an indictment was issued in one case, 11 cases are still under investigation and in 18 cases the investigation has stalled and these cases are temporarily closed.
4. 443. In the same communication dated 28 February 2012, the Government provides up-to-date information from the Public Prosecutor’s Office about the progress made in the investigations and the criminal proceedings for a series of murders about which the Committee had requested information in its March 2012 recommendations:
   • – the murder of Mr Mario Caal, who was identified by the complainant as leader of the Committee for Agricultural Worker Unity: the Government states that the victim could not have been a union member and that the case is yet to be solved. The victim died as a result of injuries he sustained during police intervention (tear-gas canister) in a social dispute in which the police were attempting to rescue hostages. The person who caused his death has yet to be indentified;
   • – the murder of Mr Jaime Nery González, who was identified by the complainant as Deputy Secretary-General and grassroots member of the Union of Commercial Traders from the department of Jutiapa: the Government states that the victim could not have been a trade union member. The results of the investigations indicate that the death was probably the result of an armed robbery. The investigation has stalled pending new forms of investigation;
   • – the murder of Mr Romero Istacuy, registered by the Public Prosecutor as José Romero Israel Estacuy, who was the Secretary-General of the Union of the Municipal Utility Company of Retalhuleu: the Government states that the investigation suggests that the crime is of an anti-union nature. The victim had published a flyer on the increase in electricity prices put in place by the mayor. The person responsible for perpetrating his murder is dead, but the preliminary hearing for the person who orchestrated the crime is pending;
   • – the murders of Mr Diego Gustavo Chite Pu and Mr Sergio Alejandro Ramírez Huezo, who were identified by the complainant as members of the Commercial Workers Union of Coatepeque: the Government states that both people were traders at the Coatepeque market and that, according to testimony from other market workers, they did not belong to a union. They died as a result of the use of excessive force after the municipal police opened fire on informal traders who refused to be removed. On 27 May 2011, the Criminal Court responsible for Narcotics Offences and Crimes against the Environment from the municipality of Coatepeque sentenced the head of the municipal police to 52 years and six months in prison;
   • – the murder of Ms Olga Marina Ramírez Sansé, registered by the Public Prosecutor’s Office as Olga Ramírez Saneé, member of the Chiguimula Market Union: the Government states that, according to the investigations, her death was due to personal differences. The perpetrator of her murder has already died. The investigation has stalled pending new forms of investigation;
   • – the murder of Mr Pedro Antonio García, the leader of the Municipal Workers’ Union of Malacatán, according to the complainant; the Disputes Secretary for the Municipal Workers’ Union of San Marcos, according to the Government: the Government states that the investigation indicates the anti-union nature of the crime. A certain armed group is suspected. This case is under investigation. Statements have been taken from the victim’s colleagues who say that they have never been threatened because of their union work;
   • – the murder of Mr Víctor Alejandro Soyos Suret, an advisory council member for the Union of Employees of the Criminal Investigation Directorate of the Office of the Public Prosecutor: the Government states that the trade union member died during a carjacking, and that the case is under investigation;
   • – the murder of Mr Luis Arnaldo Ávila, registered by the Public Prosecutor’s Office as Luis Haroldo García Ávila and identified by the complainant as a member of the Commercial Workers’ Union of Coatepeque: the Government states that the victim could not have been a trade union member, but rather that he informally helped Coatepeque market traders in their dispute with the town hall and the police. The Government says that the motive for the murder could be because Coatepeque market was relocated or because of a romantic relationship between the victim and a married woman. The case is under investigation;
   • – the murder of Mr Julián Capriel Marroquín, Deputy Secretary-General of the Traders’ Union of the Public Square of Jocotán, according to the complainant; a member of the Traders and Allied Workers’ Labour Union of Jocotán, according to the Government: the Government states that he died as a result of personal differences with his sons-in-law. The investigation has stalled pending new forms of investigation;
   • – the murder of Mr Marco Tulio Ramírez Portela, the Secretary-General of the Finca Yuma sub-branch of Izabal Banana Workers’ Union (SITRABI): the Government states that the victim was murdered on a political election day. The investigation suggests that the deceased had had a dispute with a member of a political party. Although the masterminds behind the crime have been identified, the investigation has stalled because the witness does not wish to testify for fear of reprisals;
   • – the murder of Mr Julio César Ixcoy García, member of the executive committee of the Workers’ Union of the Municipality of Miguel Pochuta: the Government indicates that a violent gang from the region where the murder took place attacked the bus in which the victim was travelling. The investigation has stalled pending new forms of investigation;
   • – the murder of Mr Pedro Zamora, the Secretary-General of the Workers’ Union of Quetzal Port: the Government states that, according to investigations, he was killed for personal reasons. Although a suspect was identified and brought to trial, the Criminal Court responsible for Narcotics Offences and Crimes against the Environment acquitted the suspect for lack of evidence. Subsequent appeals were denied;
   • – the murder of Mr Rosalio Lorenzo, identified by the complainant as the head of the Motorcycle Taxi Union of Jalapa: the Government states that he could not have been a union member. The crime was a personal vendetta. The investigation has stalled pending new forms of investigation;
   • – the murder of Ms Maura Antonieta Hernández, identified by the complainant as a member of the executive committee of the trade union (being formed) of the prison service: the Government states that she could not have been a union member because she worked in the prison service where trade unions are not permitted by law. Her death was due to a gang-related retaliation against the prison service. The case is in the process of being resolved as arrest warrants have been issued for the leaders of the gang involved in the crime;
   • – the murder of Mr Pedro Ramírez de la Cruz, identified by the complainant as a member of the National Indigenous, Rural Workers and People’s Council: the Government states that, based on testimony from family members, the victim was not a trade union member. The deceased had reported mismanagement of various financial aids. Those accused were acquitted of wrongdoing. An appeal was raised, but was denied;
   • – Mr Julio Pop Choc, identified by the complainant as the head of a branch of the National Health Union, while the Government said he was a member of that union: the Government states that he was killed during a robbery and the investigation has been closed;
   • – the murder of Mr Gilmer Orlando Borror Zet, community leader of San Juan Sacatepéque, registered by the Public Prosecutor’s Office as Inmer Orlando Borror Set: the Government states that his death is connected with social demonstrations and that he was killed during a protest. An investigation cannot be carried out because the witnesses will not cooperate and they cannot access the victim’s home. The investigation has stalled pending new forms of investigation;
   • – the murder of Ms Evelinda Ramírez Reyes and Mr Víctor Gálvez, leaders of the Front for the Resistance and Fight for Natural Resources and People’s Rights (FRENA): the Government states that the crimes are related to social demonstrations organized by the victims concerning the electricity supply by the company Deocsa Deorsa. A criminal network in the municipality of Malacatán has been identified as the perpetrator of these crimes. The investigation is ongoing in Ms Evelinda Ramírez Reyes’ case. Several suspects have already been identified in Mr Víctor Gálvez’s case. Two of these suspects are awaiting the beginning of court proceedings and an arrest warrant is expected to be issued for another suspect;
   • – the murder of Mr Samuel Ramírez Paredes, the Secretary-General of the Banana Workers’ Union of Panchoy: the Government states that the crime was a personal vendetta. The investigation has stalled pending new forms of investigation;
   • – the murder of Mr Juan Fidel Pacheco Coc, the Secretary-General of the Union for Migration Employees: the Government states that the investigations point to the hypothesis that the crime was the result of an inter-union dispute between the three organizations which form the Directorate General for Migration. The case is under investigation;
   • – the murder of Mr Bruno Ernesto Figueroa, the Financial Secretary for a subsidiary of the National Health Workers’ Union: the Government states that the investigations indicate that the attack in which the trade union member died was not directed at him, but was instead directed at a group of bus drivers who were at the scene of the crime. The case is under investigation. A single witness was cited, but they refused to testify;
   • – the murder of Mr Salvador del Cid, identified by the complainant as a member of the Workers’ Union from the Municipality of Acasaguastlán: the Government states that the victim was not a trade union member. His death was the result of a personal vendetta. An arrest warrant has been issued for the suspect who has yet to stand trial;
   • – the murder of Mr Licinio Trujillo, member of the National Health Union in the subsidiary of Puerto Barrios: the Government states that the investigations indicate that he died as a result of personal differences with colleagues who did not agree with the victim’s promotion. The investigation has stalled pending new forms of investigation;
   • – the murder of Mr Aníbal Ixcaquic, identified by the complainant as a member of the Union of the Guatemalan Traders’ Front: the Government states that the victim could not have been a union member. The crime was committed by a gang who was attempting to extort the deceased. The investigation has stalled pending new forms of investigation;
   • – the murder of Ms Norma Sente Ixcaquic, registered by the Public Prosecutor’s Office as Norma Jeannette Zente Ordoñez, identified by the complainant as a member of the Union of the Guatemalan Traders’ Front: the Government states that the victim could not have been a union member. The Government says that she was the sister-in-law of Mr Aníbal Ixcaquic and they were murdered together, and therefore the motives for the crime were the same. The investigation has stalled pending new forms of investigation;
   • – the murder of Mr Matías Mejía, identified by the complainant as a member of the National Front for the Defence of Public Services and Natural Resources: the Government states that this name is not on the database of fatalities at the Public Prosecutor’s Office;
   • – the murder of Ms Juana Xoloja, registered by the Public Prosecutor’s Office as María Juana Chojlán Pelicó, identified by the complainant as a member of the Committee Association for Rural Worker Development: the Government states that the victim could not have been a union member. According to the investigations, the victim was killed in a dispute with two neighbours who had threatened to kill her. One witness is expected to be interviewed as the others did not wish to testify for fear of reprisals;
   • – the murder of Mr Willy Morales, identified by the complainant as a member of the National Front for the Defence of Public Services and Natural Resources and registered as Wilson Odair Morales Cordón: the Government states that the victim could not have been a union member. His relatives said that he was a member of a committee that fought against malpractice by the municipal authorities. The Government said that he died in a traffic accident, and the driver could not be identified. The investigation has stalled pending new forms of investigation;
   • – the murder of Mr Jorge Humberto Andrade identified by the complainant as a member of the National Front for the Defence of Public Services and Natural Resources: the Government states that he was a community leader and that he died as the result of personal disputes. An arrest warrant has yet to be issued against the perpetrator of his murder;
   • – the murder of Mr Adolfo Ich identified by the complainant as a member of the National Front for the Defence of Public Services and Natural Resources: the Government states that the victim was a community leader. The victim was allegedly killed by security agents from the Guatemalan Nickel Corporation during a road blockade. An arrest warrant was issued for the suspects;
   • – the murder of Mr Luis Felipe Cho, a member of the Trade Union for the Municipality of Santa Cruz: the Government states that investigations indicate that he could have been killed as a result of a personal dispute with a worker. A suspect was identified and has yet to be arrested and appear before the court;
   • – the murder of Mr Héctor García, a member of the Professional Worker’s Union of the Hotel Las Américas LLC: the Government states that investigations show that the victim was killed as his motorcycle was being stolen. The investigation has stalled pending new forms of investigation;
   • – the murder of Mr Miguel Ángel Felipe Sagastume who was identified by the complainant as the founder and former Secretary-General of the Workers’ Union of the El Real Finca: the Government states that, according to statements taken from his colleagues, the victim was a member of the Union of Banana Workers (SITRAGSA). The investigations indicate a personal motive for the crime. The identified perpetrator of the crime and the victim were allegedly seeing the same woman. An arrest warrant has been issued and has yet to be executed;
   • – the murder of Mr Roberto Oswaldo Ramos Gómez, the Secretary for Labour and Disputes at the Workers’ Union of the Municipality of Coatepeque and a member of the advisory council of the CUSG: the Government states that investigations indicate that the crime was committed because the victim had confronted a criminal while carrying out his community responsibilities. After this criminal reportedly died, several members of the union led by Mr Roberto Oswaldo Ramos Gómez decided to testify about the numerous threats they had received from this person. The case is under investigation;
   • – the murder of Mr Idar Joel Hernández Godoy, the Financial Secretary for SITRABI: the Government states that he was murdered while driving a vehicle owned by SITRABI. The motive for the crime could be personal. A colleague of the victim is still to be interviewed to further the investigations;
   • – the murder of Mr Manuel de Jesús Ramírez, the Secretary-General of the Technical and Administrative Support Workers’ Union of the Institute of Public Criminal Defence: the Government states that the investigations indicate that the death of the union leader constitutes an act of anti-union repression. The case is under investigation although no suspects have yet been identified.
5. 444. In a communication dated 5 March 2013, the Government indicates that the Public Prosecutor’s Office of Guatemala had decided to institutionalize a high-level working group in the spirit of the central union principles of the country to analyse cases of violence against trade union members, which will be held every month from 7 March. In addition, the Public Prosecutor’s Office reiterates its request for ILO technical assistance to effectively combat anti-union violence.
6. 445. In a communication dated 19 April 2013, the Government reports the first actions it has taken to apply the Memorandum of Understanding signed on 26 March 2013 by the Government of Guatemala and the Chairman of the Workers’ group of the Governing Body of the ILO. A meeting was held on 17 April 2013 which was attended by the Guatemalan Minister of Interior (responsible for internal security), the Labour Minister and the main union leaders of Guatemala, and that they agreed to adopt the following mechanisms:
   • – creating a permanent policy committee of State ministers and union leaders to be held every month;
   • – setting up a technical committee made up of representatives from the represented federations and confederations and authorities from the Ministry of Interior, to find out about and address specific acts of violence;
   • – establishing specific meetings between the Ministry of Interior and specific federations and confederations to address the particular security problems of their leaders;
   • – establishing a hotline to the Ministry of Interior for immediately reporting threats and crimes in order to prevent and combat these issues.

Other acts of violence and threats against trade union members

1. 446. The Government provides the following information, in communications dated 21 and 27 August and 30 October 2012, in relation to non-fatal acts of violence and anti-union threats about which the Committee had requested urgent information on the progress of the investigations and criminal prosecutions:
   • – in relation to the death threats against union member Ms Lesvia Morales, the Government states that the fact that the full name of the person who received the alleged threats was not given, makes it impossible for the Public Prosecutor’s Office to search for the relevant files;
   • – in relation to the death threats made against the union member Mr Leocadio Juracán, the Government states that according to the Public Prosecutor’s Office, there is no report on the grounds raised in the complaint and, therefore, no investigation can take place;
   • – in relation to the injured workers from the Union of Small Traders and Allied Workers, the Government states that the Ninth Lower Criminal Court responsible for Narcotics Offences and Crimes against the Environment on 27 June 2011 at the request of the Public Prosecutor’s Office ordered that the complaint made by the workers be dismissed on the grounds that street vending is not allowed on the footpaths, and the police therefore can remove any person who violates this;
   • – concerning the threats made against union members from the National Health Union, the Government indicates that the investigations are coming to a close regarding three victims because Mr Henry Giovanny Hernández Castro and Ms María Antonieta Gaitán Monzón withdrew their reports on 27 August 2012 and because Ms Olga Marina Santos García agreed to take her case to a conciliation board which should take place 5 October. Regarding the threats allegedly made against Mr César Orlando Jiménez, the Secretary-General of the subsidiary of Hermano Pedro de Betancurt Hospital, the Public Prosecutor’s Office has reported that the case has been dismissed. Regarding the gun shots fired at the home of the General Secretary of the district hospital of San Benito, Mr Edgar Neftaly Aldana Valencia, and the death threats made against him, the report was submitted to the Public Prosecutor’s Office. The San Benito Lower Criminal Court responsible for Narcotics Offences and Crimes against the Environment authorized the dismissal of the report on 27 June 2011 because the victims had withdrawn their complaint;
   • – in relation to the allegations that the members of the Commercial Workers’ Union of Coatepeque received death threats and were injured in a police operation to force them out of their jobs, the Government again refers to the judgment from 27 May 2011 where the Criminal Court responsible for Narcotics Offences and Crimes against the Environment of the municipality of Coatepeque convicted the head of the municipal police of various crimes against the physical integrity of the Coatepeque market lessees committed on 6 April 2009. The Government adds that, according to General Directorate of Labour, of the many people affected by police violence, only three were members of the Commercial Workers’ Union of Coatepeque;
   • – in relation to the attack on Ms María de los Ángeles Ruano Almeda and Ms Ingrid Migdalia Ruano, the heads of MSICG, the Government indicates in its communication dated 27 August 2012 that the 11th Lower Criminal Court responsible for Narcotics Offences and Crimes against the Environment dismissed the case on 25 May 2010;
   • – in relation to the alleged kidnapping, torture and rape of Ms María Vásquez, the Deputy Secretary-General of the Workers’ Union for the company Winners, the Government indicates that, according to the Public Prosecutor’s Office, there are many contradictions in the account given by the alleged victim and her emotional reaction is inconsistent, so it was suggested that further investigation take place. The victim left the country in March 2010 without providing information. As there is no other source of information about the alleged events, it has been requested that the report be dismissed by the Lower Criminal Court responsible for Narcotics Offences and Crimes against the Environment of the municipality of Guatemala;
   • – regarding the allegations of death threats against Ms Selfa Sandoval Carranza, a SITRABI leader, the Government states that, according to the Public Prosecutor’s Office, there is no report with these names, and thus no investigation can be carried out on this issue;
   • – in relation to the allegations of illegal removal with the use of excessive force against the members of the Workers’ Union of the Petén Distribution Company (SITRAPETEN), the Government indicates that a criminal magistrate’s court judge, who was presented with a writ of habeas corpus for several members of SITRAPETEN, went to the area of the city where the members were. The judge ordered the Director of the National Civil Police, as an interim order, to take the necessary steps to protect the life and physical integrity of those affected as well as to protect their constitutional rights. On 14 December 2009, the Eighth Lower Criminal Court responsible for Narcotics Offences and Crimes against the Environment ordered habeas corpus in favour of the members of SITRAPETEN. In its final decision dated 18 December 2009, the same Court overturned the habeas corpus in so far as the office of the General Directorate of the National Civil Police established that security had already been provided to the members and which, therefore, did not have the remit which the law provides for habeas corpus. As for the illegal arrest and intimidation of the members of SITRAPETEN in various hotels across the country, the Government states in its communication dated 30 October 2012 that the Public Prosecutor’s Office indicates that the Case Management Computer System Department (SICOMP) did not register any such complaints.
2. 447. In regard to this list of cases of alleged violence and threats, the Government requests that: the complainant broaden the information helping identify the report that is mentioned in the complaint so that an investigation corresponding to these cases may be carried out, and that the case be definitively closed when the Public Prosecutor’s Office requests its dismissal.

Union recognition and registration

1. 448. In a communication dated 14 February 2013, the Government states that under the Regulations of the General Directorate of the Prison Service, all personnel working in the General Directorate of the Prison Service are considered security personnel, and therefore not allowed to participate in trade unions. Thus, the Government has decided to reject the application for recognition because the right to organize within the prison service is expressly forbidden.
2. 449. Regarding the alleged refusal to register the Workers’ Union of the Municipality of Río Bravo, the Government requires the complainant to provide more information to locate this organization because the database of the General Directorate for Labour only contains the registration of the Municipal Workers’ Union of the Municipality of Río Bravo from the Department of Suchitepequez (SITRAMURB), which was registered 30 March 2005 and is currently inactive due to a lack of legal representation.
3. 450. Regarding the Union of Workers of the Ministry of the Environment and Natural Resources (SITRAMARN), the Government indicates that this union was registered in 2006 and that the union’s legal status was registered on 25 November 2010. The Government also states in its communication dated 6 December 2012 that the Supreme Court and the Constitutional Court declared the protection petition filed by the National Attorney-General’s Office against the decision of the Ministry of Labour and Social Welfare to register SITRAMARN inadmissible.

Climate of labour impunity

1. 451. In a communication dated 27 December 2012, the Government sent its observations regarding allegations in relation to the unjustifiable delays in the Guatemalan labour justice system and its actions in terms of anti-union discrimination which would lead to a denial of justice and to a climate of labour impunity. In this regard, the Government states the following:
   • – the Centre for Labour Justice was set up in September 2011 to harmonize the actions of the lower labour and social welfare courts, the corresponding appeals court chambers, the Centre for Mediation and Conciliation and the Office of the Labour Ombudsman of the Ministry of Labour and Social Welfare. By implementing shorter ordinary labour trials, the judicial backlog was notably reduced in less than one year, with the average procedure time dropping from three years to eight months;
   • – a zero tolerance plan for corruption is being implemented;
   • – the complainant’s reports and complaints should specify the particular cases which they refer to and these should be discussed with the national institutions. The Government believes that developing generic complaints affects the consolidation of the changes and weakens public institutions;
   • – on the claim that, under the Labour Code, labour judges should order the reinstatement of workers (dismissed for anti-union reasons) within 24 hours, the Government states that under article 209 of the Labour Code and article 12 of the Constitution on the right to due process, reinstatement cannot be made final straight away if the employer contests the court’s ruling;
   • – according to the report by the General Secretariat of the Presidency of the Judiciary for 2012, judges presiding in lower labour courts ordered 742 reinstatements over the year.
2. 452. Regarding the dismissal of 13 workers from the Guatemalan Committee for the Blind and Deaf in 2003, who had not been reinstated as per a court ruling, the Government indicates in a communication dated 14 March 2013, that in a ruling on 20 November 2009 the Constitutional Court declared that the appeal filed by the employer was unfounded and that, to date, eight of the 13 workers have been effectively reinstated while the other five preferred to receive compensation rather than be reinstated.

Exercising freedom of association in the maquila (export processing zones) sector

1. 453. In a communication dated 15 January 2013, in response to allegations examined by the Committee in previous reports concerning this case, the Government sent information on the existence of trade unions in the maquila sector and on labour inspections in this sector. In regard to the first issue, the Government states that it does not have exact information on the unions in the maquila sector, but that it can give the names of four active trade unions for companies in this sector, namely: the Workers’ Union for Textiles Modernos LLC (STETMSA), the Workers’ Union for Winners LLC (SITRAWINSA), the Workers’ Union for Koas Modas LLC (SITRASEOKHWASA) and the Workers’ Union for Serigrafía Seok Hwa LLC (SITRASEOKHWASA). As for the second issue, the Government indicates that 699 visits were made to companies in the maquila sector in 2012, 76 of which were made ex officio.

Detention of members of the Union of Heavy Goods Transport Drivers

1. 454. By a communication dated 6 May 2013, the Government sends its observations on the allegations of illegal detention of 49 members of the Union of Heavy Goods Transport Drivers and criminal proceedings against them following their participation in a peaceful protest in May 2008. The Government indicates that in order to avoid the effects of the stoppage of heavy goods transport on the health, food and transport services, the President declared, in accordance with the Constitution, the state of prevention throughout the country, which limits certain fundamental rights but aims to protect the lives and safety of people.
2. 455. The Government states that, according to the data of the National Civil Police, on 8 May 2008, 35 people who blocked the road to the Pacific were arrested. Of these 35 people, two have been prosecuted for blocking the road. They were released on bail the same day they were arrested and subsequently received conditional suspension of criminal prosecution for the offence of activities against the internal security of the nation, which expired on 11 November 2011. The Government states that the Union of Heavy Goods Transport Drivers does not appear in the records of the Ministry of Labour and the only registered union is called the General Union of Heavy Transport, inactive since 1972. Because of the absence of the registration, the Government is not able to confirm whether the people who were prosecuted for their participation in the event were members of a union or were trade union leaders. It therefore requests that the MSICG shares the information provided by the Union of Heavy Goods Transport Drivers.
3. 456. Finally, the Government points out that the third person, Rolando Eliveo Hernández Aguilar, is remanded in custody since July 2012 for offences of extortion carried out by a criminal gang since 2011 against carriers. The fourth person, Marcelo Martínez Gómez, was the subject of a conditional conviction for illegal possession of firearms, offence committed in 2007, that is to say, before the event.

D. The Committee’s conclusions

1. 457. The Committee recalls that, in the present case, the complainants allege numerous murders and acts of violence against trade union members and acts of anti-union discrimination, as well as obstacles to the exercise of trade union rights and social dialogue, denial of legal status to several unions and system failures leading to impunity with regard to criminal and labour matters.
2. 458. For the fifth time, the Committee deeply deplores the numerous acts of violence denounced in the complaint and expresses its deep and growing concern for the high number of murdered union leaders and members. The Committee once again draws the Government’s attention to the fact that union rights can only be exercised in a climate free from violence, intimidation and threats of any kind against trade union members, and that it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 44].
3. 459. The Committee observes that since this case was last examined, a complaint regarding Guatemala’s breach of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), has been filed by several Workers’ delegates at the 101st Session (2012) of the International Labour Conference under article 26 of the Constitution of the ILO. The Committee notes that at its March 2013 session, the ILO Governing Body decided, in view of the signing of a Memorandum of Understanding between the Government of Guatemala and the Workers’ group of the ILO Governing Body on 26 March 2013, to defer its decision on the appointment of a Commission of Inquiry to its October 2013 session.
4. 460. The Committee notes with interest that in this Memorandum of Understanding, the Government of Guatemala pledges, inter alia: to institute, through the competent bodies of the state, independent and expeditious inquiries at the earliest date to determine responsibilities and punish the intellectual and material authors of murders of trade unionists; and to guarantee the safety of workers, and through effective protection measures, that of trade union officials and leaders as well as union property, against violence and threats so that they can carry out their trade union activities. The Committee firmly hopes that the commitments made by the Government in the Memorandum of Understanding will translate into concrete actions and results. In this regard, the Committee notes with interest the information provided by the Government on the first actions it has taken to apply the Memorandum of Understanding signed on 26 March 2013, and in particular: the creation of a permanent policy committee of State ministers and union leaders to be held every month; the setting up of a technical committee made up of representatives from the represented federations and confederations and authorities from the Ministry of Interior, to find out about and address specific acts of violence; the establishment of specific meetings between the Ministry of Interior and specific federations and confederations to address the particular security problems of their leaders; and the establishment of a hotline to the Ministry of Interior for immediately reporting threats and crime in order to prevent and combat these issues. The Committee urges the Government to keep it informed at the earliest opportunity of the full range of actions taken to apply the Memorandum of Understanding and of the results achieved.

Allegations of violence which have already been examined

1. 461. The Committee notes the statements made by the MSICG relating to the complete inefficiency of the criminal investigation agencies, the weakness of the Special Public Prosecutor for Offences against Trade Union Members and the practice of the Public Prosecutor’s Office of dismissing the possibility that the crime was motivated by anti-union sentiment from the outset.
2. 462. The Committee notes that the Government of Guatemala indicates that the Public Prosecutor’s Office of Guatemala has decided to institutionalize a high-level working group with the country’s main trade union federations to analyse cases of violence against trade union members, which will meet every month after March 7 and that, in addition, the Public Prosecutor’s Office reiterates its request for ILO technical assistance to more effectively tackle anti-union violence.
3. 463. The Committee notes the information provided by the Government on the progress of the investigations and criminal prosecutions concerning 51 murders examined by the Committee on Freedom of Association, most of them in the context of this case. The Committee observes that the Special Public Prosecutor for Offences against Trade Union Members deals with a minority of the murders identified, that the Public Prosecutor’s Office considers that a substantial number of victims do not have trade union links, and that most of the murders are cases of ordinary crime. The Committee also observes that judicial sentences have been handed down in six cases, one of which was a prison sentence, that the investigations had stalled in 18 cases and that the investigations or next steps of the criminal proceedings of the other murders will continue.
4. 464. Regarding the murders of Mr Diego Gustavo Chite Pu and Mr Sergio Alejandro Ramírez Huezo, the Committee notes the information provided by the Government stating that they died as a result of the use of excessive force by the municipal police who fired upon informal traders who had refused to be removed on 27 May 2011, and that the Criminal Court for Narcotics Offences and Crimes against the Environment of the municipality of Coatepeque sentenced the chief of the municipal police to a prison term of 52 years and six months.
5. 465. Regarding the murders of Mr Pedro Zamora and Mr Pedro Ramírez de la Cruz, the Committee notes criminal courts’ acquittals of the possible perpetrators of these murders. The Committee deeply regrets the situation of impunity that results from this situation. 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, op. cit., para. 52]. The Committee urges the Government to reopen the investigations so that all those who took part in these murders (perpetrators and instigators) as well as the motives for the crimes are identified, and that those responsible are prosecuted and held to account by the courts. The Committee requests the Government to keep it informed of any developments in this regard.
6. 466. The Committee notes the information provided by the Government regarding the initiation of criminal proceedings in connection with the murders of Mr Romero Estacuy, Mr Víctor Gálvez, Mr Jorge Humberto Andrade and Mr Adolfo Ich and of the ongoing investigations concerning the murders of Mr Mario Caal, Mr Pedro Antonio García, Mr Manuel de Jesús Ramírez, Ms Víctor Alejandro Soyos Suret, Mr Juan Fidel Pacheco Curec, Ms Evelinda Ramírez Reyes, Mr Salvador del Cid, Ms María Juana Chojlán Pelicó, Mr Miguel Ángel Felipe Sagastume and Mr Idar Joel Hernández Godoy. Recalling the need, in a case in which judicial inquiries connected with the death of trade unionists seemed to be taking a long time to conclude, of proceedings being brought to a speedy conclusion [see Digest, op. cit., para. 53], the Committee requests the Government to keep it informed of the progress and results of these proceedings and investigations.
7. 467. With regard to the ongoing investigation into the murder of Mr Idar Joel Hernández Godoy, a SITRABI leader, the Committee observes that the Public Prosecutor’s Office is not considering the possibility that the crime was motivated by anti-union sentiment even though another leader from the same union was murdered in recent years (Mr Marco Tulio Ramírez Portela), the union reported receiving death threats against its leaders and members, and the victim was travelling in a union-owned vehicle. The Committee therefore urges the Government to explain at the earliest opportunity the reasons why the Public Prosecutor’s Office disregarded the possible anti-union motive behind the murder and that the necessary steps be taken to identify and bring to justice those responsible for the murder.
8. 468. With regard to the murders of Marco Tulio Ramírez Portela, Jaime Nery González, Julián Capriel Marroquín, Lisinio Aguirre Trujillo, Julio César Ixcoy García, Rosalio Maldonado Lorenzo, Norma Jeannette Zente Ordoñez, Julio Pop Choc, Inmer Orlando Borror Set, Samuel Ramírez Paredes, Héctor García, Walter Aníbal Ixcaquic Mendoza, Norma Jeannette Zente Ordoñez, Wilson Morales and Olga Marina Ramírez Saneé, the Committee notes with the utmost concern the Government’s information that the investigations have stalled. The Committee observes with particular concern that, in the majority of cases, the Public Prosecutor’s Office does not supply substantial amounts of information about the steps taken to identify possible links between the victims’ union activities and their murder.
9. 469. With regard to the murder of Ms Maura Antonieta Hernández, named by the complainant as a member of the prison service union executive committee (being formed), the Committee observes that the Government states that the victim could not have been a trade unionist because she worked in the prison service where there are no unions by law. While also noting the Government’s indication that the present case is the result of a retaliation by the Salvatrucha gang against the prison service, the Committee nevertheless wishes to recall the principle whereby prison staff should enjoy the right to organize [see Digest, op. cit., para. 232]. In addition, the Committee observes that, within the context of this case, the complainants have indicated that requests for prison service unions to be registered were made and that the Government indicates that these requests were turned down due to current legislation prohibiting the right to organize for workers at the Directorate General of the Prison Service. The Committee therefore requests the Government to take the necessary measures to ensure that the possible anti-union motive behind the crime is fully taken into consideration throughout the inquiry and criminal proceedings associated with this case. The Committee requests the Government to keep it informed of any developments in this regard.
10. 470. With regard to the murder of Mr Matías Mejía, named by the complainant as a member of the National Resistance Front, the Committee notes that the Government indicates that no one of that name appears in the Public Prosecutor’s Office’s database of fatalities. In addition, with regard to the allegations of death threats against SITRABI board member Ms Selfa Sandoval Carranza on the one hand and the allegations of the illegal detention and intimidation of SITRAPETEN members in several hotels across the country on the other, the Committee notes the Government’s indication that no incidents were reported under those names for either case. The Committee therefore requests the complainants to indicate, in relation to these three cases, as precisely as possible, the names of the victims, the places where the incidents took place, the authorities to whom the incidents were reported, as well as any other information they may have.
11. 471. With regard to the murders of Mr Armando Sánchez, advisor to the Union of Coatepeque Traders and Mr Liginio Aguirre, member of the Union of Guatemalan Health Workers, the Committee once again regrets that the Government has not supplied any information pertaining to these cases. Therefore, the Committee once again urges the Government to provide information about these murder investigations without delay.
12. 472. The Committee notes that the Government communicated some information pertaining to non-fatal acts of violence and anti-union threats in response to the Committee’s urgent request for an update on the progress of the investigations and criminal trials. With regard to the death threats made against trade union member Ms Lesvia Morales, the Committee notes both the MSICG’s reassertion that the incident was reported to the district Public Prosecutor’s Office and the Government’s observation that the absence of written confirmation of the alleged death threat victim’s full name makes it impossible for the Public Prosecutor’s Office to look for the corresponding documents. The Committee observes that the issue of identifying the complaint registered about the death threats made against Ms Lesvia Morales has remained unresolved for a long time. The Committee therefore urges the Government and the complainant to work together in good faith to identify the corresponding document.
13. 473. With regard to the allegations of attempted murder and death threats against Mr Leocadio Juracán, leader of the Comité Campesino del Altiplano (CCDA) and the MSICG, the Committee notes that the complainant and the Government disagree over whether a complaint was registered with the Public Prosecutor’s Office. The Committee also notes the complainant’s assertion that the case was also reported to the Human Rights Ombudsman, which coordinated temporary protective measures for the union leader before he left the country. The Committee therefore requests the Government to contact the Human Rights Ombudsman without delay to identify the case in question so as to be able to give full information about the actions the State has taken regarding this complaint.
14. 474. With regard to the allegations of attempted extrajudicial killings, death threats and injuries sustained by the trade union members from the Commercial Workers Union of Coatepeque, the Committee notes the Government’s indication that the Criminal Court responsible for Narcotics Offences and Crimes against the Environment in the municipality of Coatepeque convicted the chief of the municipal police on 27 May 2011 of various offences against the physical integrity of Coatepeque market lessees committed on 6 April 2009. The Government specifies that, according to information from the General Directorate for Labour, out of the many people affected by police violence, only three were listed as members of the Commercial Workers’ Union of Coatepeque. While noting this information, the Committee observes that the allegations relating to the Comercial Workers’ Union of Coatepeque do not just pertain to the removal of the Coatepeque market lessees on 6 April 2009 but also to attempted extrajudicial killing and repeated death threats. Therefore, the Committee once again urges the Government to launch an independent judicial inquiry into the allegations of attempted extrajudicial killing and death threats. The Committee requests the Government to keep it informed of all the details of these investigations and the resulting criminal proceedings.
15. 475. With regard to the injured workers from the Union of Small Traders and Allied Workers, the Committee notes the Government’s indication that the union’s complaint was dismissed because setting up a street vending point on the footpath is banned and it is within the remit of the police to remove any infringing vendors. In addition, with regard to SITRAPETEN members’ allegations of illegal removal with use of excessive force, the Committee notes the Government’s indication that the writ of habeas corpus produced was overruled by the appropriate authority. Upon observing that there are several instances of the police using excessive force against demonstrators or crowds of workers in this case, the Committee recalls the principle that the authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance to the peace [see Digest, op. cit., para. 140]. The Committee requests the Government to take all the necessary measures, such as issuing instructions, drawing up a code of conduct or holding training and awareness courses, so that the forces of order are able to fully apply this principle. The Committee requests the Government to keep it informed of any developments in this regard.
16. 476. With regard to the allegations of death threats against workers from the National Health Union, the Committee takes note of the information provided by the Government pertaining to the withdrawal of complaints by Mr Henry Giovanny Hernández Castro, Ms María Antonieta Gaitán Monzón and Mr Edgar Neftaly Aldana Valencia.
17. 477. With regard to the complaints of kidnapping, torture and rape registered by Ms María Vásquez, Deputy Secretary-General of the Worker’s Union for the company Winners and the complaints of assault registered by MSICG leaders Ms María de los Ángeles Ruano Almeda and Ms Ingrid Migdalia Ruano, the Committee takes note of the Government’s indication that their cases were dismissed by the competent courts.
18. 478. With regard to the disappearance of the minor Ms María Antonia Dolores López, the investigations linked to the criminal action launched against leaders of the Workers’ Union of the Municipality of Zacapa, the Committee once again regrets that the Government has not supplied any information about this matter. Therefore, the Committee once again urges the Government to provide information on the investigations launched in connection with these cases without delay.

New allegations of violence

1. 479. The Committee notes with the utmost concern the CUSG’s allegation that Mr Oswaldo Ramos Gómez, Secretary for Labour and Disputes at the Workers’ Union of the Municipality of Coatepeque and member of the CUSG advisory council, was shot dead on 2 April 2012. The Committee deeply deplores this new murder and reiterates the principles mentioned in the paragraphs above. The Committee notes the Government’s indication that the investigations show that the crime was committed because the victim had confronted a criminal while carrying out his community responsibilities. The Committee observes, however, that the Government also indicates that many members of the union the victim belonged to received multiple threats from the perpetrator of the crime. The Committee therefore urges the Government to explain at the earliest opportunity the reasons why the Public Prosecutor’s Office disregarded the possible anti-union motive of the murder and to take the necessary measures to identify and bring to justice those responsible.
2. 480. The Committee notes with the utmost concern the MSICG’s allegation that Mr Manuel de Jesús Ramírez, General Secretary of the Union of Technical and Administrative Support Workers at the Public Criminal Defence Institute, was murdered on 1 June 2012. The Committee deeply deplores this new murder and reiterates the principles contained in the paragraphs above. The Committee notes the Government’s indication that the investigations show that the death of the union leader was an act of anti-union repression and that the investigations are still under way, although, as yet, no suspects have been identified. Recalling the aforementioned principles relating to the fight against impunity and the need for fast investigations and judicial trials in cases of acts of anti-union violence, the Committee urges the Government to take all necessary measures to identify and bring to justice those responsible at the earliest opportunity and to keep it informed of any developments in this regard.
3. 481. In the light of the different points raised in the paragraphs about the cases of violence that have already been examined and also the new allegations of violence, the Committee observes with great concern that, of the 51 murders on which the Government has supplied information, and despite the fact that many of the crimes date back to 2007, only one guilty judgment has been pronounced to date. The Committee also observes with concern that in the cases of several alleged acts of non-fatal anti-union violence, such as attempted murders, rapes, injuries, kidnappings and death threats, no potential perpetrator has been identified in any case and in most cases, despite the extreme severity of the reported incidents, the authorities have not launched any substantial investigations. In this regard, the Committee also observes the high number of instances where the alleged victim has withdrawn the complaint or where witnesses refuse to testify for fear of reprisals.
4. 482. Secondly, the Committee observes that the Public Prosecutor’s Office for crimes against trade union members only deals with a small number of cases and that its investigations have not yet led to the sentencing of any guilty party by the criminal courts. The Committee observes, in particular, that in the three murder cases the Public Prosecutor’s Office considers to be acts of anti-union repression (Mr Romero Istacuy, Mr Pedro Antonio García and Mr Manuel de Jesús Ramírez), the investigations of the Special Public Prosecutor’s Office have not led to any tangible results to date.
5. 483. In addition, the Committee observes that there are numerous discrepancies between the conclusions reached by the Public Prosecutor’s Office and the allegations made by the complainant regarding the membership of the murder victims to a union. On this point, the Committee observes that in the majority of cases where the union membership of the victims has been disregarded, there is no evidence of an information request having been made to the General Directorate for Labour nor of the Public Prosecutor’s Office having contacted the affected union. The Committee also observes that in the majority of the murders examined as part of this case, the information sent by the Government does not contain a considerable number of details regarding the steps taken by the Public Prosecutor’s Office to identify possible links between the union activities of the victim and their murder even in cases where there seem to be major indications pointing to that possibility.
6. 484. Underlining once again that freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed and also 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, op. cit., paras 43 and 52] and recalling the commitments made by the Guatemalan Government in the Memorandum of Understanding signed on 26 March 2013, the Committee urges the Government to take immediate and decisive measures to fight the impunity that surrounds allegations of anti-union violence and to ensure that the principles of freedom of association are taken into full consideration in all actions taken by the Public Prosecutor’s Office and criminal courts. On this point, the Committee especially urges the Government to:
   • – take steps to initiate systematic independent judicial investigations when reports of anti-union incidents are received;
   • – develop and apply effective protective measures for people who agree to collaborate in criminal investigations into acts of anti-union violence;
   • – guarantee that the Public Prosecutor’s Office will systematically request information from the unions involved to determine the victims’ membership to the trade union movement and to identify possible anti-union motives behind the offences under investigation. In this regard, the Committee requests the Government to ensure, in particular, that the Public Prosecutor’s Office works with the unions involved to re examine all of the murder cases that have not yet led to a conviction, including cases in which the investigation is considered to have stalled;
   • – significantly reinforce the Public Prosecutor’s Office’s training and resources for freedom of association, in particular those available to the Public Prosecutor’s Office regarding crimes against trade union members. In this regard, the Committee takes note of the Government’s request for technical assistance.

Other allegations

1. 485. With regard to the refusal to register prison service unions, the Committee notes the Government’s indication that, under the Regulations of the Directorate General of the Prison Service, any person who works in the Directorate General of the Prison Service is considered to be a member of the security staff, so the law expressly denies the right to organize within the prison service. On this point, the Committee recalls the principle, based on Articles 2 and 9 of Convention No. 87, which states that prison staff should enjoy the right to organize [see Digest, op. cit., para. 232]. The Committee thus requests that the Government takes without delay the necessary measures to register the prison service unions and to align its legislation with Convention No. 87 and the principles of freedom of association by extending the right to organize to prison staff. The Committee draws the legislative aspects of this issue to the attention of the Committee of Experts on the Application of Conventions and Recommendations (CEACR).
2. 486. With regard to the alleged refusal to register the Workers’ Union of the Municipality of Río Bravo, the Committee notes the Government’s observations and requests the complainant to submit further information so that this organization can be located in the database of the General Directorate for Labour.
3. 487. With regard to the Union of Workers of the Ministry of Environment and Natural Resources (SITRAMARN), the Committee notes the Government’s indication that the union was registered in 2006, that the legal status of the union was registered on 25 November 2010 and that the Supreme Court and the Constitutional Court ruled the writ of protection issued by the national Public Prosecutor’s Office against the Ministry of Labour and Social Welfare’s decision to register SITRAMARN to be inadmissible. The Committee trusts that SITRAMARN is now fully registered and able to conduct its union activities completely as normal.
4. 488. With regard to the allegations of unjustified delays in the Guatemalan labour justice system and in its dealings with matters of anti-union discrimination which could give rise to the denial of justice and a climate of labour impunity, the Committee notes the Government’s indication that:
   • – by creating the Centre for Labour Justice and implementing shorter ordinary labour trials, the judicial backlog was notably reduced in less than one year, with the average procedure time dropping from three years to eight months;
   • – under article 209 of the Labour Code and article 12 of the Political Constitution on the right to due process, reinstatement cannot be made final straight away if the employer contests the court’s decision;
   • – judges presiding in lower labour courts ordered 742 reinstatements in 2012.
5. 489. The Committee notes the information provided by the Government on the reinstatement of workers from the Guatemalan Committee for the Blind and Deaf who had been dismissed in 2003.
6. 490. The Committee also notes the information provided by the Government concerning the arrest of heavy vehicle workers in a protest in May 2008, which, according to the Government, resulted in roadblocks that have endangered the health and safety of the population and which therefore justified the limitation of certain fundamental rights and the declaration of a state of prevention by the President. The Committee notes the Government’s observations to the effect that 35 people were arrested on 8 May 2008 for blocking the road to the Pacific, two of whom were prosecuted for activities against the internal security of the nation but were immediately released on bail and then benefited from the conditional suspension of criminal proceedings. In this regard, the Committee recalls that the arrest and detention of trade unionists, even for reasons of internal security, may constitute a serious interference with trade union rights unless attended by appropriate judicial safeguards [see Digest, op. cit., para. 75].
7. 491. The Committee also notes the Government’s indication that the Union of Heavy Goods Transport Drivers does not appear in the records of the Ministry of Labour, which prevents it from determining whether people who have been prosecuted for their involvement in the protests were unionized or were union leaders. The Committee requests the complainant to provide more information to locate this union.
8. 492. The Committee once again regrets that the Government has not supplied any information in regard to its other previous recommendations:
   • – criminal action against the leaders of the Workers’ Union of the Municipality of Zacapa;
   • – investigations into blacklisting;
   • – alleged violations of the freedom of association in the Las Américas LLC and Crown Plaza Guatemala hotels;
   • – the law courts associated with reinstatement orders and dismissals in the Union of Workers of the Municipality of Chimaltenango.
9. 493. The Committee once again urges the Government to communicate the requested information pertaining to these allegations. The Committee once again recalls that all practices involving the blacklisting of trade union officials or members constitutes a serious threat to the free exercise of trade union rights and, in general, governments should take stringent measures to combat such practices [see Digest, op. cit., para. 803].
10. 494. The Committee notes the information supplied by the Government on the existence of four unions operating in the maquila sector as well as on the labour inspection’s actions in that sector.
11. 495. Finally, the Committee notes the additional information and new allegations sent by the MSICG in communications dated 15, 17, 18, 20 and 22 February 2013 about the climate of labour impunity, the obstacles to unions’ recognition and registration, and incidents of harassment and criminal persecution against the Workers’ Union of the Guatemalan Social Security Institute, the Professional Workers’ Union of the Guatemalan Social Security Institute, the Organized Workers’ Union of the National Attorney-General’s Office and the Workers’ Union of the Office of the Comptroller General of Accounts United for Development. The Committee requests the Government to send observations on these matters at the earliest opportunity.