Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 323, Novembre 2000

248. The Committee last examined this case at its June 1999 meeting and presented an interim report (see 316th Report, paras. 533-569, approved by the Governing Body at its 275th Session in June 1999). The International Confederation of Free Trade Unions presented new allegations in communications dated 20 July 1999 and 29 June 2000.

1. 248. The Committee last examined this case at its June 1999 meeting and presented an interim report (see 316th Report, paras. 533-569, approved by the Governing Body at its 275th Session in June 1999). The International Confederation of Free Trade Unions presented new allegations in communications dated 20 July 1999 and 29 June 2000.
2. 249. The Government sent partial observations in a communication dated 27 August 1999.
3. 250. In view of the lack of information from the Government on most of the questions still pending, the Committee was obliged to postpone its examination of this case on three occasions. At its meeting in June 2000, the Committee drew the Government's attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of the 127th Report, approved by the Governing Body at its 184th Session (November 1971), it could present a report on the substance of the case at its next meeting, if the information or observations requested had not been received in due time (see 321st Report, para. 9, approved by the Governing Body at its 278th Session in June 2000). To date, the complete information has not been received from the Government.
4. 251. 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. 252. At the Committee's meeting in June 1999, numerous allegations remained pending concerning acts of violence (murders, physical assaults, death threats, etc.) against trade union officials and members, as well as acts of anti-union discrimination and attempts to obstruct collective bargaining. In this regard, the Committee made the following recommendations (see 316th Report, para. 569):
   • As regards the alleged acts of violence, the Committee:
     • - urges the Government to ensure that judicial inquiries are carried out without delay into the murders of trade union members Cesario Chanchavac, Carlos Lijuc, José Vivas, Carlos Solorzano and Ismael Mérida and to keep it informed in this regard, and of the inquiries under way into the murders of trade union members Luis A. Bravo and Pablo A. Guerra;
     • - urges the Government to take the necessary steps without delay to ensure that a judicial inquiry is carried out into the alleged death threats against the general secretary and executive secretary of the United Trade Union of Taxi Drivers and Allied Workers of La Aurora International Airport, Rolando Quinteros and Mario Garza, and to keep it informed in this regard. In addition, bearing in mind the fact that an officer of the trade union in question has already been murdered, the Committee requests the Government to take steps to provide protection to officers Rolando Quinteros and Mario Garza;
     • - requests the Government to keep it informed of the final outcome of the judicial proceedings concerning the death threats against Oswaldo Monzón Lima, secretary-general of the Trade Union of Pilots in Fuel and Allied Transport, by his employer in Colonia Jacarandas, and if the death threats are found to have taken place, to take steps to provide adequate security for this trade union leader and to ensure that such acts do not recur in future;
     • - requests the Government to keep it informed of the outcome of the judicial proceedings under way concerning the death threats against Juan Gutiérrez García, officer of the Trade Union of Workers of Agropecuaria Atitlán S.A. and Panamá farm and other members of the trade union for having demanded payment of their wages;
     • - requests the Government to keep it informed of the outcome of inquiries carried out by the National Police, the Office of the Attorney-General and the Office of the Human Rights Procurator concerning the alleged raid on the home and attempted abduction of David Urízar Valdez;
     • - urges the Government to communicate without delay its observations on the following allegations: (1) municipality of Zacapa: the murders of Robinson Manolo Morales Canales, organization secretary of the Trade Union of Workers of the Municipality of Zacapa (SINTRAMUZAC), on 12 January 1999, Hugo Rolando Duarte Cordón and José Alfredo Chacón Ramiréz on 28 January 1999, and the death threats against José Angel Urzúa, Maximiliano Alvarez Gonzaga, Elmer Salguero Garcíam, Herminio Franco Hernández, Everildo Revolorio Torres, Feliciano Izep Zuruy, José Domingo Guzmán and Zonia de Alvarez; (2) Santa Fe and La Palmera farms: death threats against officers of the trade union for having presented a list of demands to the judicial authorities; (3) Camino Real Hotel: harassment of trade union officers by the enterprise and physical assault (stabbing) of the secretary-general of the trade union; and (4) El Arco farm: raid on the home of trade union officer Francisco Ajtzoc Ajcac by the employer.
   • As regards the alleged acts of anti-union discrimination and other matters, the Committee:
     • - urges the Government to verify the result of the judicial proceedings concerning: (1) the dismissal on 7 August 1994 of the three founder members of the Standing Committee of United Workers of the El Arco farm after presenting a list of demands to the judicial authorities with the aim of concluding a collective agreement and non-compliance with a court reinstatement order issued on 14 December 1994; (2) the dismissal on 22 May 1995 and in October 1996 of the seven founder members of the trade union organization in the Santa Lucía La Mayor farm after presenting a list of demands with the aim of negotiating and concluding a collective agreement on working conditions (according to the complainant organization, the judicial authorities ordered the workers? reinstatement but the employer challenged this measure); and (3) the dismissal on 28 November 1996 of 25 members of the trade union in the La Argentina farm (according to the complainant organization an appeal has been lodged with the courts in relation to the reinstatement of the dismissed workers), and, if the court orders for the reinstatement of workers dismissed for their trade union activities referred to by the complainants are found to exist, requests the Government to take the necessary steps to ensure that they are carried out immediately;
     • - hopes that the judicial authorities will hand down a decision in the near future concerning the dismissal on 2 April 1997 of ten workers of the El Tesoro farm after presenting a draft list of demands, and requests the Government to send it a copy of the decision as soon as it is issued and to ensure that it is implemented;
     • - requests the Government to send its observations concerning the impossibility of negotiating a draft collective agreement presented two years ago in the San Carlos Miramar farm;
     • - requests the Government to ensure that the two trade union officers reinstated in the Rene S.A. Food Products Enterprise are not isolated or subjected to inhuman measures; the Committee requests the Government to keep it informed in this regard;
     • - urges the Government to send its observations on the allegations concerning: (1) the dismissal of 15 workers in the San Rafael Panan and Ofelia farms after presenting a list of demands and non-compliance with a court reinstatement order; (2) the dismissal on 28 October 1993 of the 40 unionized workers, including all the members of the executive committee of the trade union, in the Santa Anita farm; (3) the dismissal on 23 August 1995 and on 14 March 1996 of two trade union members in the La Patria y Anexo farm and non-compliance with a court reinstatement order; (4) the dismissal of trade union officers and workers in the Santa Fe and La Palmera farms for having established a trade union and presented a list of demands to the judicial authority; the Committee regrets that the Government has not forwarded its observations although some of the allegations relate to events that occurred many years ago;
     • - as regards the allegation concerning the impossibility for the Trade Union of Workers of the Congress of the Republic to negotiate a draft collective agreement on conditions of work presented in 1995, a collective agreement having been concluded in the meantime without involving the trade union, noting that according to the complainant, the workers? trade union did not participate in the negotiation of the collective agreement, the Committee requests the Government to provide it with information concerning the representativeness of the trade union and the ad hoc workers? committee so that it will be able to examine this allegation in full knowledge of the facts;
     • - requests the Government to send its observations as soon as possible concerning the allegation to the effect that the Ministry of Labour and Social Insurance withholds approval of all economic and social benefits clauses of collective agreements which have a financial impact on employers, making reservations in respect of them and thereby rendering them non-existent.

B. New allegations

1. 253. In its communications of 20 July 1999 and 29 June 2000, the ICFTU alleges:
   • - the murder of Mr. Baldomero de Jesús Ramírez, General Secretary of the Trade Union of Workers of the Municipality of Santa Lucía, Cotzumalguapa, Escuintla District, on 22 June 1999, following his abduction; the murder appears to have been linked to a recent labour court ruling in his favour;
   • - the murder of Mr. Oswaldo Monzón, General Secretary of the Trade Union of Pilots in Fuel and Allied Transport, on 23 June 2000; Mr. Monzón had previously been threatened by the J.O. Gaitán enterprise for forming a trade union, and after his dismissal he was warned of the consequences of refusing to accept compensation;
   • - death threats against Mr. José Pinzón, General Secretary of the CGTG, and Rigoberto Dueñas, Deputy General Secretary of the CGTG.

C. The Government's reply

1. 254. In its communication of 27 August 1999, the Government states the following:
   • Allegations of acts of violence
     • - Murder of Luis Armando Bravo Pérez. This case was examined by the Commission for Historical Clarification and brought to the attention of the Committee on Freedom of Association. The Commission's report is now with the Secretary-General of the United Nations. The Government requests that this case be definitively closed.
     • - Pablo Armando Guerra. The case is being examined by the Second Lower Criminal Court of Chiquimulilla as Case No. 622-95. On 9 July 1996, the defence requested that the case be dismissed on the grounds that the incident in question had been an accident. The court stated that the request would be considered when the court met in open session to consider whether the incident was homicide or an accident. On 18 August 1997, a ruling was given on the petition presented by the Office of the Attorney-General and that of the defence requesting dismissal; the latter was refused. The lower criminal court responsible for narcotics offences and crimes against the environment has found it impossible to include the case in its timetable since 1996, and for this reason the case remains pending.
     • - Death threat against Oswaldo Monzón Lima. On 11 November 1998, the Escuintla lower criminal court received Case No. 9858-98 from the Public Prosecutor's Office of the Department of Escuintla, which had considered the complaint lodged by Mr. José Oswaldo Monzón Lima against Mr. Mario Ortiz Barranco; and ruled that the acts constituted a misdemeanour. A legal inquiry was ordered and both parties were summonsed. On 27 January 1999, a statement was taken from the aggrieved party.
     • - Death threat against Juan Gutiérrez García. The Government reiterates the information already supplied in the context of this case.
     • - David Urízar Valdez. Allegation: Break-in at home and attempted abduction. This case has been examined by the Attorney-General's Office as Complaint No. 14564-97, which was referred to the Mazatenango Public Prosecutor's Office on 30 December 1997 as File No. 6781-97. On 22 January 1998, that office received the findings of the investigation carried out by the National Police into the complaint made by Mr. David Urízar Valdez during which the following individuals were interviewed: Víctor Adolfo Bran Meza, Genaro Urízar Ovalle, Mario Hernández Luarca, Vicente Sucuy Siquin, Lucas Pedro Ramírez, Magdalena Estrada García and Gregorio Barillas Méndez. On 12 February 1998, Mr. David Urízar made a statement at the Public Prosecutor's Office; that statement makes no mention of any abduction or break-in.
     • - Murder of Robinson Manolo Morales Canales. This case is being examined by the Public Prosecutor's Office of Zacapa Department (Case No. 102-99). The Zacapa departmental police headquarters is conducting inquiries with a view to identifying those responsible for this crime. Since the case is at the investigation stage, and given that an individual has already been detained in connection with this crime, inquiries are still under way, Given the need not to obstruct those inquiries, it is not possible to give all the information requested, in accordance with section 314 of the Act respecting procedure.
     • - Murder of Hugo Rolando Duarte Cordón. The Public Prosecutor's Office of Zacapa Department is treating this case as a homicide inquiry (File No. 1366-98). The accused are Mr. Alfonso Acevedo Chacón and Mr. Tomás Pinto. On 13 July 1998, the Public Prosecutor's Office asked the chief of police to assign personnel to the investigation. On 21 July 1998, Mr. Randolfo de Jesús Fajardo, the third highest officer in the National Civil Police, made a statement. On 27 July, Mr. Miguel Angel Pineda also made a statement. On 1 September 1998, the Public Prosecutor stated that it was not feasible to order the arrest of the suspects because there was insufficient evidence. On 9 September 1998, the district Public Prosecutor asked the National Police to ensure that the witnesses Mr. César Augusto García Martínez and Mr. Luis Armando Galdámez Interiano appeared in court on 10 September 1998, a warning also being issued to them because they had previously failed to report to the Public Prosecutor's Office. To date, the witnesses have still not reported to the district Public Prosecutor's Office to make a statement. In view of the absence of any concrete evidence, the lower court judge is unable to order their arrest.
     • - Death threats against Maximiliano Alvarez Gonzaga and Zonia de Alvarez. Zonia de Alvarez appeared before the district Public Prosecutor's Office in the Department of Zacapa to accuse Yolanda Chanchavac of making death threats. The subsequent investigation showed that what actually occurred was a commercial dispute between two individuals about their respective work spaces without labour or trade union implications, and could therefore not be examined as a trade union matter; it is therefore requested that the case be closed.
     • - Murder of Baldomero de Jesús Ramírez. Mr. Baldomero de Jesús Ramírez was abducted on 17 June 1999 and subsequently murdered. His body was found on 22 June on the outskirts of the city. According to information provided by the district Public Prosecutor's Office of Santa Lucía, Cotzumalguapa in the Department of Escuintla, the Attorney-General's Office is investigating the crime as File No. 1387-99. On 18 June 1999, the National Police received a complaint from Ms. Sonia Maribel Arenas Camey concerning the disappearance of Mr. Baldomero de Jesús Ramírez. On the same day, the Attorney-General's Office asked the criminal investigation service to begin an inquiry. On 22 June 1999, the body of Mr. Baldomero de Jesús Ramírez was found. On 24 June, the Department of Investigations of the Attorney-General's Office was asked to investigate the case. On 25 June 1999, a statement was taken from Mr. José Manuel Gómez Urízar, an employee of the Municipality of Santa Lucía, Cotzumalguapa, who had been informed of the discovery of the body of Mr. Ramírez. On 26 June, another statement was taken from Ms. Sonia Maribel Arenas Camey, the wife of the deceased. On 6 July, a statement was made by Mr. José Alberto López Zona, an employee of the funeral parlour responsible for the funeral. On 13 July 1999, a statement was made by Mr. José Miguel Alvarez Cruz, a member of the town council. The case is currently at the investigation stage and the findings will be announced in due course.
     • - Murder of José Alfredo Chacón Ramírez. The murder took place on 28 January 1999. According to information given by the Public Prosecutor's Office of the Department of Zacapa, the registry of complaints has been examined; no entry relating to the original complaint had been made.
   • Allegations concerning acts of anti-union discrimination and other matters
     • - El Arco Farm. With regard to the dismissal of three founding members of the Standing Committee of United Workers of the El Arco Farm, the matter is being examined by the First Labour and Social Security Court of the Department of Retalhuleu as collective file No. 28-97. The employer's side has provided documentary evidence that the person accused in the case does not exist, and that there was no relationship between the workers concerned and the accused enterprise, which did not have legal personality. This case is still pending.
     • - Santa Lucía La Mayor Farm. The Labour and Social Security Court of the Department of Jutiapa is examining collective complaint No. 187/97 against the stock-breeding company Santa Clara S.A., which owns the Santa Lucía La Mayor Farm referred to originally as El Amatillo. The administrative authorities upheld the application for reinstatement of the individuals in question in a decision dated 30 September 1997. The Justice of the Peace of Chiquimulilla in the Department of Santa Rosa complied with the ruling and reinstated the workers. In a communication dated 22 October 1997, the workers in question state that the legal representative of the company failed to assign work to all the workers and indicated verbally that it would not reinstate them. The company initiated constitutional amparo proceedings against the labour court judge of Jutiapa, and the representative of the employer alleges that it is not possible to reinstate the workers in question, who are members of the Standing Committee of United Workers of the stock-breeding company Santa Clara S.A. on the grounds that the company Santa Clara S.A. is not the owner of the Santa Lucía La Mayor (El Amatillo) Farm, which has in fact never employed the workers in question. In this context, the legal representative of the employer sought a procedural amendment but this request was refused by the Jutiapa Labour Court; that decision was challenged by the employer and leave to appeal against it was granted. Both the collective complaint and the matter of reinstatement were referred on 13 May to the Third Division of the Labour and Social Security Court of Appeal and remain pending.
     • - La Argentina Farm. As regards the dismissal of 25 union members, the First Labour and Social Security Court in the Department of Retalhuleu examined the case and ordered the reinstatement of the workers in question. On 28 November 1996, an appeal was lodged against the reinstatement order. The appeal was allowed and the reinstatement order was revoked. The case is currently on appeal before the Fourth Division of the Court of Appeals of the Department of Mazatenango.
     • - El Tesoro Farm. On 26 May 1998, the Fourth Division of the Court of Appeals of the Department of Mazatenango gave a ruling confirming the reinstatement of the workers. The employer initiated amparo proceedings against that order. The Supreme Court of Justice confirmed the ruling handed down by the Fourth Division. The employer lodged an appeal before the Constitutional Court, which is still pending.
     • - San Carlos Miramar Farm. The matter has been settled by the courts; the legal criteria involved are not open to discussion and undoubtedly not a matter for the Committee on Freedom of Association. It therefore seems pointless to include this once again in the present case.
     • - Productos Alimenticios René S.A. According to the registry of the General Labour Inspectorate, no complaints have been received concerning inhuman measures and exclusion of workers.
     • - San Rafael Panam y Ofelia Farms. With regard to the dismissal of 15 workers from these farms, a collective dispute of a social and economic character (No. 102/97) was filed against the agricultural enterprise La Patria. The workers were dismissed by the company on the date referred to in the Committee's previous recommendation; reinstatements were proposed on 26 October 1995 and ordered on 27 October by the Seventh Labour and Social Security Court of Guatemala which was responsible for examining the dispute. Following the refusal to reinstate the workers in question, the Retalhuleu Labour Court doubled the fines imposed and on 24 July 1998 referred the matter to the Justice of the Peace of Santa Bárbara in the Department of Suchitepéquez.
     • - Ofelia Farm. With regard to the collective social and economic disputes under File No. 108/97, a number of requests for reinstatement have been disregarded by the employers. It is not clear whether any of the workers dismissed at the enterprises in question have been reinstated.
     • - Santa Anita Farm. On 26 November 1993, the Second Lower Court of Chimaltenango heard a claim for reinstatement in favour of Mr. Julio Lacan Xajil and other workers and against the Santa Anita agricultural exporting enterprise. On 7 June 1995, the Seventh Labour and Social Security Court of Guatemala, by appointment of the Supreme Court of Justice, upheld the claim for reinstatement. On 28 July 1995, an appeal was lodged against the ruling of 7 June 1995 by the Santa Anita S.A. enterprise and the case was referred to the competent jurisdictional division. On 16 December 1997, the file was referred back to the First Labour and Social Security Court by the competent jurisdictional Division, which upheld the original ruling of 7 June 1995. On 7 March 1998, the Justice of the Peace of the Municipality of San Miguel Pochuta in the Department of Chimaltenango was instructed to execute the order to reinstate the workers. On 19 May 1998, an order of referral to the district Public Prosecutor's Office was issued against the company's legal representative for failure to implement the order to reinstate the workers. On 4 January 1999, the company's request for amparo against the First Labour and Social Security Court of Chimaltenango was turned down. On 29 March 1999, the Constitutional Court upheld the ruling of 4 January 1999 by the First Division of the Labour Appeals Court. On 5 July 1999, the case was ruled to be admissible; the parties were informed that the case was before the court and that it remained for certification of the case to be referred to the district Public Prosecutor's Office so that it could proceed.
     • - La Patria Farm. The Labour and Social Security Court of Retalhuleu is examining the matter of the dismissals on 23 August 1995 and 14 March 1996 of two trade unionists from the La Patria Farm during the collective social and economic dispute under File No. 102/97 (case against La Patria agricultural enterprise). The workers in question were indeed dismissed by the enterprise in question on those dates, and their reinstatement was proposed on 26 October 1995 and ordered on 27 October by the Seventh Labour and Social Security Court of Guatemala, which was responsible for examining the dispute. The Retalhuleu Labour Court, in the light of the refusal to reinstate the workers, doubled the fines imposed and on 24 July 1998 referred the case to the Justice of the Peace of Santa Bárbara in the Department of Suchitepéquez. On 10 October 1998, a judgement was handed down against the La Patria S.A. agricultural industrial enterprise for failure to comply with the original order.
     • - Santa Fe and La Palmera Farms. Following the dismissal of workers at the San Luis agricultural enterprise, which owns the Santa Fe and La Palmera Farms, the Ministry of Labour and Social Security, at the request of the workers in question, summoned the parties to a conciliation board. Since no agreement was reached between the parties, the available administrative means of conciliation were ruled to be exhausted. On 28 January 1999, the workers filed a collective dispute, No. 06/99, with the Retalhuleu Labour Court, seeking among other things an order summonsing the enterprise. The summons was subsequently suspended because the name of the owner enterprise was written incorrectly. On 8 March 1999, the workers lodged an appeal in the jurisdictional division against the court ruling and the appeal is still pending.
     • - Trade Union of Workers of the Congress of the Republic. Although a collective agreement was signed in early 1996 with an ad hoc committee, on 23 July of this year talks were completed on a collective agreement on working conditions with the Trade Union of Workers of the Congress of the Republic; that agreement safeguards the position of trade union representatives in collective bargaining.
     • - Allegation that the Ministry of Labour refuses to approve any provisions relating to social and economic benefits in collective agreements. According to the Government, this assertion is without foundation. Since December 1998 until the present, the Ministry has certified 11 collective agreements on working conditions and approved nine extensions of other such agreements on working conditions, in both the private and public sectors, without expressing any reservations or declaring such provisions to be invalid.

D. The Committee's conclusions

1. 255. The Committee must first deplore the extreme gravity of the allegations in this case. Moreover, the Committee deeply regrets that the Government has not supplied complete observations on most of the questions still pending, despite the time that has elapsed since the complaint was first presented and despite the fact that it was invited to formulate its comments and observations on a number of occasions, including through an urgent appeal.
2. 256. In these circumstances, and in accordance with the relevant rule of procedure (see 127th Report, para. 17, approved by the Governing Body at the 184th Session in November 1971), the Committee feels obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
3. 257. The Committee recalls that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects governments against unreasonable accusations, governments on their side will recognize the importance for the protection of their own good name of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward (see the Committee's First Report, para. 31, approved by the Governing Body in March 1952).
4. 258. The Committee notes that the allegations which remained pending at its examination of this case at its meeting in June 1999 refer to various acts of violence (murders, physical assaults, death threats, etc.) against trade union officials and members, and to numerous acts of anti-union discrimination and attempts to obstruct the collective bargaining process. In this regard, the Committee notes with deep concern that, since its last examination of the case, two trade union officials have been murdered - including one against whom a death threat had already been alleged in the context of this case - and another two have received death threats.
5. 259. In this context, the Committee wishes to draw the Government's attention to the fact that "Freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed" and that "In the event of assaults on the physical or moral integrity of individuals, the Committee has considered that an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts" (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 46 and 53). Under these circumstances, the Committee requests the Government to ensure that these principles are fully respected.
   • Allegations that had remained pending and new allegations concerning acts of violence
   • Murders
6. 260. With regard to the investigations that have been initiated into the murders of the trade unionists Luis A. Bravo and Pablo A. Guerra, the Committee notes the Government's statement to the effect that: (1) the case of Mr. Luis A. Bravo was examined by the Commission for Historical Clarification and that the Commission's report is now in the hands of the Secretary-General of the United Nations; and (2) with regard to the case of Mr. Pablo A. Guerra, the lower criminal court responsible for narcotics offences and crimes against the environment has found it impossible to include the case in its timetable since 1996, and for that reason the case remains pending. Under these circumstances, the Committee: (i) requests the Government to communicate without delay the outcome of the investigation conducted by the Commission for Historical Clarification into the murder of the trade unionist Mr. Luis A. Bravo; and (ii) firmly hopes that the judicial proceedings relating to the murder of the trade unionist Mr. Pablo A. Guerra, which began in 1995, will be completed rapidly, and requests the Government to communicate the final outcome of those proceedings.
7. 261. With regard to the judicial proceedings relating to the death threats against the General Secretary of the Trade Union of Pilots in Fuel and Allied Transport, Mr. Oswaldo Monzón Lima, the Committee deplores that Mr. Monzón Lima was murdered on 23 June 2000. The Committee deeply regrets the murder of this trade union official, and urges the Government to take immediate measures to initiate a judicial inquiry with a view to clarifying the facts, determining responsibility, and punishing those responsible. The Committee requests the Government to keep it informed in this regard.
8. 262. With regard to the alleged murders of members of the Trade Union of Workers of the Municipality of Zacapa (SINTRAMUZAC), namely the following: (1) Mr. Robinson Manolo Morales Canales, the organization's Secretary, murdered on 12 January 1999; (2) Mr. Hugo Rolando Duarte Cordón, murdered on 28 January 1999; and (3) Mr. José Alfredo Chacón Ramírez, murdered on 28 January 1999, the Committee notes the Government's statements to the effect that: (i) a judicial inquiry was instituted into the murder of Mr. Robinson Manolo Morales Canales; that inquiry is currently at the investigation stage and one person has been arrested; (ii) a judicial inquiry was instituted into the murder of Mr. Hugo Rolando Duarte Cordón; two persons have been indicted, two witnesses have been summonsed but failed to appear and, given the absence of any concrete evidence, the judge has ruled that it is not possible to issue arrest warrants; and (iii) there is no record of any complaint in connection with the alleged murder of Mr. José Alfredo Chacón Ramírez. Under these deplorable circumstances, the Committee: (1) requests the Government to keep it informed of the outcome of the judicial proceedings currently under way in relation to the murder of Mr. Robinson Manolo Morales Canales; (2) hopes that the judicial authorities will take steps to expedite the judicial proceedings in connection with the murder of Mr. Hugo Rolando Duarte Cordón, and requests the Government to keep it informed in this regard; and (3) requests the Government to initiate an immediate judicial inquiry into the murder of Mr. José Alfredo Chacón Ramírez and keep it informed in this regard.
9. 263. With regard to the murder on 22 June 1999 of Mr. Baldomero de Jesús Ramírez, General Secretary of the Trade Union of Workers of the Municipality of Santa Lucía, Cotzumalguapa, Department of Escuintla, the Committee notes the Government's information that a judicial inquiry into this matter has begun and is currently at the investigation stage. Under these circumstances, the Committee requests the Government to keep it informed of the outcome of the investigation now under way.
10. 264. With regard to the alleged murder of the trade unionists Cesario Chanchavac, Carlos Lijuc, José Vivas, Carlos Solórzano and Ismael Mérida, the Committee deplores that the Government has not stated whether judicial investigations have begun in these cases. Under these circumstances, the Committee requests the Government to ensure that such investigations begin soon and to keep it informed in this regard.
    • Death threats
11. 265. With regard to the judicial inquiry into the death threats against the official of the Trade Union of Workers of Agropecuaria Atitlán S.A. and Panamá Farm, Mr. Juan Guitérrez García, and against other members of the trade union in question, for demanding payment of wages, the Committee notes that the Government refers to observations already made in the context of this case. Under these circumstances, the Committee urges the Government to keep it informed of the outcome of the inquiry and to provide protection to the trade union officials and members who have been threatened.
12. 266. With regard to the allegation concerning death threats against Mr. Maximiliano Alvarez Gonzaga and Ms. Zonia de Alvarez, the Committee notes the Government's statements to the effect that a judicial investigation found that there had been a dispute between individuals concerning their respective work spaces and that this was a commercial dispute. Under these circumstances, the Committee will not pursue its examination of this allegation.
13. 267. With regard to the alleged death threats against the following trade union officials and members: (1) Rolando Quinteros and Mario Garza, of the United Trade Union of Taxi Drivers and Allied Workers of La Aurora International Airport; (2) José Angel Urzúa, Elmer Salguero García, Herminio Franco Hernández, Everildo Revolio Torres, Feliciano Izep Zuruy and José Domingo Guzmán; (3) the trade union officials of the Trade Union of the Santa Fe and La Palmera Farms; and (4) José Pinzón, General Secretary of the CGTG, and Rigoberto Dueñas, Deputy General Secretary of the CGTG, the Committee requests the Government to take steps to begin immediate judicial investigations and to provide protection to all the individuals who have been threatened. The Committee requests the Government to keep it informed of the final outcome of these investigations.
    • Raids on homes and attempted abduction
14. 268. With regard to the investigation into the raid on the home and attempted abduction of Mr. David Urízar Valdez, the Committee notes the Government's information that in his statement to the Public Prosecutor, Mr. David Urízar Valdez stated that there had at no time been any attempt to abduct him or raid his home. Under these circumstances, the Committee will not pursue its examination of this allegation.
15. 269. With regard to the alleged raid on the home of the trade union official Mr. Francisco Ajtzoc Ajcac by the employer (El Arco Farm), the Committee regrets that the Government has not supplied observations on this matter. Under these circumstances, the Committee requests the Government to take steps to begin an immediate investigation into the allegation and, if it is found to be true, to take steps to punish those responsible and prevent any recurrence in future. The Committee requests the Government to keep it informed in this regard.
    • Physical assaults
16. 270. With regard to the allegation concerning harassment by the Hotel Camino Real of trade union officials and the physical assault (stabbing) of the trade union's General Secretary, the Committee regrets that the Government has not provided observations on this matter. Under these circumstances, the Committee requests the Government to take steps to begin an immediate investigation into the matter and, if the allegation is found to be true, to take steps to punish those responsible and prevent any recurrence in future. The Committee requests the Government to keep it informed in this regard.
    • Allegations concerning acts of anti-union discrimination upon which the judicial authority has not yet rendered final judgements
17. 271. With regard to the progress made in the legal proceedings concerning the dismissal on 7 August 1994 of the three founding members of the Standing Committee of United Workers of the El Arco Farm and the failure to comply with a court reinstatement order issued on 14 December 1994, the Committee notes the Government's statement to the effect that: (i) during the proceedings, the employer provided evidence that the person accused did not exist; (ii) there was no relationship between the workers concerned and the enterprise; and (iii) the case is still pending. In this regard, the Committee deeply deplores that six years have elapsed since the judicial authorities handed down their first judgement.
18. 272. With regard to the progress in the proceedings concerning the dismissal on 22 May 1995 and in October 1996 of the seven founding members of the trade union organization at the Santa Lucía La Mayor Farm, the Committee notes the Government's statement to the effect that: (i) the administrative authorities ordered the reinstatement of the workers in question in an official decision dated 30 September 1997; (ii) the Justice of the Peace of Chiquimulilla upheld that decision; (iii) the company did not allocate any work to the workers concerned and told them that it would not be reinstating them; (iv) the company initiated "amparo" proceedings, stating that it was not possible to reinstate the workers in question because it did not own the farm on which they worked; and (v) the Labour and Social Security Appeals Court must give a ruling on the matter. The Committee deplores that the legal proceedings have been going on for three years and may be prolonged even further.
19. 273. With regard to the judicial proceedings concerning the dismissal on 28 November 1996 of 25 members of the trade union at the La Argentina Farm, the Committee notes that according to the Government, the judicial authorities ordered the reinstatement of the workers, but that on 28 November 1996 the reinstatement order was challenged and that the matter is currently the subject of an appeal in the Court of Appeals in the Department of Mazatenango. The Committee deplores the fact that the judicial proceedings have been going on for four years and may be prolonged even further.
20. 274. With regard to the proceedings concerning the dismissal on 2 April 1997 of ten workers at the El Tesoro Farm for presenting a list of demands, the Committee notes the government statement to the effect that the Court of Appeal of the Department of Mazatenango ordered the reinstatement of the workers on 26 May 1998, a decision that was confirmed by the Supreme Court of Justice, and that the employer lodged an appeal before the Constitutional Court which must give a ruling on the matter.
21. 275. With regard to the alleged dismissal on 28 October 1993 of 40 unionized workers, including all the members of the Executive Committee of the Trade Union of Santa Anita Farm, the Committee notes that, according to the Government, the judicial authorities ordered the reinstatement of the dismissed workers and that various appeals have been lodged. The Committee deplores that the judicial proceedings have been going on for seven years.
22. 276. As concerns the allegations examined in the five previous paragraphs, deeply concerned at the excessive duration of the proceedings, which constitutes a denial of justice, the Committee requests the Government to ensure that the competent judicial authorities take a rapid decision to permit the safeguard of the interests of the workers concerned, if necessary by their provisional reinstatement in their posts until the courts have rendered a final decision. The Committee requests the Government to keep it informed in this respect.
    • Other matters
23. 277. With regard to the alleged impossibility of negotiating a collective agreement at the San Carlos Miramar Farm, the Committee deplores the fact that the Government confines itself to stating that the matter has been settled by the courts and that the legal criteria applied are not open to discussion and that this is not a matter for the Committee. In this regard, the Committee emphasizes that it is within its competence to determine whether the legislation and its application in a specific case are in conformity with the principles of freedom of association. Moreover, the Committee requests the Government to keep it informed of any decision taken by the judicial authorities with regard to this allegation.
24. 278. With regard to the request to ensure that the trade union official reinstated at the Productos Alimenticios René S.A. enterprise will not be excluded or subjected to inhuman measures, the Committee notes, that according to the Government, no complaints of this kind have been received by the General Labour Inspectorate. Under these circumstances, the Committee will not pursue its examination of this allegation.
25. 279. With regard to the alleged dismissal of 15 workers at the San Rafael Panam and Ofelia Farms for presenting a list of demands and the failure to comply with the reinstatement order, the Committee notes that according to the Government, the judicial authorities ordered the reinstatement of the workers in question on 25 October 1995; that following the failure to comply with that order, fines imposed on the farms were doubled; and that the Justice of the Peace of Santa Bárbara has been instructed to deal with the matter of reinstatement. In this regard, the Committee requests the Government to endeavour to give effect to the judicial order by reinstating the workers dismissed five years ago, and to keep it informed in this regard.
26. 280. With regard to the alleged dismissals on 23 August 1995 and 14 March 1996 of two trade unionists at the La Patria y Anexo Farm and the failure to comply with a judicial reinstatement order, the Committee notes the Government's statement to the effect that: (i) the judicial authorities ordered the reinstatement of the workers, dismissed in August 1995, on 27 October 1995; (ii) following the refusal of the enterprise to reinstate the workers, the fines imposed were doubled; and (iii) on 10 October 1998, the judicial authorities gave a judgement against the enterprise for non-compliance. In this regard, the Committee deeply deplores the failure to comply with the judicial order to reinstate the dismissed workers and urges the Government to endeavour to enforce the order in question. The Committee requests the Government to keep it informed in this regard.
27. 281. With regard to the allegation concerning the dismissal of trade union officials and workers at the Santa Fe and La Palmera Farms for forming a trade union and presenting a list of demands to the judicial authorities, the Committee notes the Government's statement to the effect that: (i) the Ministry of Labour and Social Security ordered the parties to attend a conciliation board; since no agreement was reached, the administrative means of resolving the dispute were declared exhausted; and (ii) judicial proceedings began in 1999 and remain pending. In this regard, the Committee hopes that the proceedings will be concluded in the near future, and requests the Government to keep it informed of the outcome of the proceedings.
28. 282. With regard to the allegation that the Trade Union of Workers of the Congress of the Republic was unable to negotiate a collective agreement on conditions of work in 1995, since another agreement had been signed in the meantime without that union's participation, the Committee notes that, according to the Government, on 23 July 1999 a collective agreement on working conditions was concluded with the trade union. Under these circumstances, the Committee will not pursue its examination of this allegation.
29. 283. With regard to the allegation that the Ministry of Labour and Social Security denies approval for any provisions in collective agreements relating to economic and social benefits with financial implications for the employers, by declaring them to be subject to reservations and therefore invalid, the Committee notes that, according to the Government, between December 1998 and 27 August 1999, the Ministry certified 11 collective agreements on working conditions and approved nine extensions to existing collective agreements, both in the private sector and in the public sector, without formulating any reservations or declaring the provisions to be invalid. In the light of this information, the Committee will not pursue its examination of this allegation.