Informe provisional - Informe núm. 105, 1968

1. 183. This case, in which the original complaint goes back to 1965, was previously examined by the Committee at its November 1965 and November 1955 sessions. On these occasions, the Committee submitted to the Governing Body the interim reports appearing in paragraphs 541 to 552 of its 85th Report and paragraphs 243 to 251 of its 93rd Report. These interim reports were approved by the Governing Body.
2. 184. In paragraph 251 of its 93rd Report the Committee recommended the Governing Body to request the Government once again to send its specific observations on an aspect of the case that was still awaiting examination, namely the alleged detention of nine trade unionists who had been named in the complaint. The 93rd Report of the Committee was approved by the Governing Body at its 167th Session (November 1966).
3. 185. In a letter dated 25 May 1967 the Autonomous Trade Union Federation of Guatemala (FASGUA) submitted further allegations of infringements of trade union rights in that country. The text of the allegations was forwarded to the Government with a letter dated 28 June 1967. At its November 1967 and February 1968 sessions, the Committee postponed consideration of the case as a whole because it had not received the observations of the Government on these further allegations.
4. 186. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations concerning the Detention of Trade Unionists in 1965
  187. 187 The original complaint gave the names of nine trade union leaders and trade unionists who, according to the complainants, had been arrested as a result of a demonstration on 1 May 1965.
  188. 188 In view of the general nature of the reply by the Government, which merely rejected the charges, stating that there had been no infringement of the law the Committee, as indicated in paragraph 184 above, recommended the Governing Body to request the Government again to send specific observations on this aspect of the case.
  189. 189 The Government, with a letter dated 15 May 1967, forwarded certain information supplied by the Ministry of Internal Affairs, to the effect that in May 1965 " the country was in the grip of a de facto situation, since the present Constitution had not yet come into force ". It was also stated that since the new officials of the Ministry of Internal Affairs had taken over their functions in July 1966, all their acts had been strictly governed by the Constitution, the laws and international agreements. With regard to the present situation, the letter from the Ministry for Internal Affairs stated that the Ministry had provided the necessary protection for trade union officials, had taken note of their complaints and had investigated situations liable to involve violation of the right of freedom of association, that the trade union movement had recovered its previous strength and that there were several workers' Confederations in existence. Lastly, the communication stated that there were no records concerning the deprivation of liberty of any of the persons mentioned in connection with the present case.
  190. 190 From the foregoing information supplied by the Government it appears that at the time referred to in the allegations the country was going though an abnormal period and that the situation was restored when the present Constitution came into force. The same information also appears to show that the present authorities have found no written records referring to the arrests in question and that in any case the persons concerned are not now in prison.
  191. 191 In these circumstances the Committee, although it regrets that the Government has been unable to provide more detailed information, considers that the alleged deeds relate to a time that is now remote and appear to have been remedied by subsequent events. The Committee therefore recommends the Governing Body to decide that there would be no point in pursuing this aspect of the case any further.
• Allegations concerning Acts of Terrorism against Trade Unionists
  192. 192 In its letter of 25 May 1967 FASGUA refers in general terms to the repression allegedly suffered by trade unionism in the country since 1954. The complainants state that trade union leaders have been imprisoned, tortured and murdered. More specifically, they allege that early on the morning of 21 May 1967 there took place " a terrorist attack that practically destroyed our offices and nearly cost the lives of hundreds of peasants who, having attended a general assembly the previous evening, were sleeping in the FASGUA building ". They add that in present circumstances they are prevented from carrying on their trade union activities normally, since there are clandestine organisations that, according to the complainants, threaten the trade union leaders with death, and that in some cases the threats have been put into practice, since " a number of peasants' and workers' leaders " have been murdered.
  193. 193 The observations of the Government on these new allegations by FASGUA have not yet been received. The Committee therefore recommends the Governing Body to request the Government to be good enough to send these observations as soon as possible.