Rapport intérimaire - Rapport No. 343, Novembre 2006

859. The complaint is contained in a communication from the World Confederation of Labour (WCL) dated 31 August 2005. The Government sent its observations in communications dated 7 September 2005, 1 February and 28 June 2006.

1. 860. 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. The complainant’s allegations

1. 861. In its communication dated 31 August 2005, the World Confederation of Labour (WCL) alleges that a number of Guatemalan trade union officials have been murdered, have had attempts on their lives or been subjected to pressures of all kinds in the exercise of their trade union activities.
2. 862. The complainant organization states that, on 28 November 2004, Roland Raquec, secretary-general of the Rental Carriers Trade Union of Guatemala and secretary-general of the Trade Union Federation of Informal Economy Independent Workers, was murdered. He was shot upon arriving at his home, where members of the municipal fire brigade found him still alive. They transferred him to the San Juan de Dios General Hospital where he died from multiple and serious bullet wounds. Roland Raquec’s house had already been broken into in March 2004 and he had been threatened with death if he informed the authorities. He was later attacked again in June, after which he lodged a verbal complaint to the former Minster of the Interior and requested perimeter security measures and ground surveillance around his home. After various death threats, he was warned that his daughters would be raped if he continued to defend the cause of workers; but those responsible for these threats were never identified. The National Civil Police failed to fulfil their responsibility to provide protection and therefore acted with negligence. They put all these actions down to common criminals, without taking into account the serious threats and violent crimes committed against trade union officials in Guatemala.
3. 863. The WCL added that, on the day of the murder, the trade union official’s wife confronted the criminals to try and save her husband’s life, but her attempt failed. She was able to identify her husband’s murderers, which resulted in her receiving death threats (against herself and her children). The murderers remain unpunished. It is suspected that they have a link with the police who are protecting them against any legal sanctions. The General Confederation of Workers of Guatemala (CGTG) has notified the Guatemalan authorities of this matter. It has specifically lodged a complaint requesting that this act should not go unpunished with: the President of the Republic; the Minister of the Interior; the Public Prosecutor’s Office; the Prosecutor General of Human Rights; and the Ministry of Labour and Social Security. The WCL and many organizations affiliated to the confederation have also approached the Government of Guatemala. They have received no reply. On the contrary, the act remains unpunished and there is much fear for the life of Roland. Raquec’s relatives. The only solidarity shown towards Roland Raquec’s widow has been that provided by the CGTG. Both she and her family have received new threats from those who murdered this trade union official. Regrettably, she has not received the slightest protection for herself or her children.
4. 864. The WCL also alleges that Luis Quinteros Chinchilla, member of the Trade Union Association of Municipal Market Vendors of Chiquimulilla in the Santa Rosa Department, was murdered by José Barú Valle, Mayor of the Municipality of Chiquimulilla, on 28 February 2005. There is an arrest warrant against this municipal official, but the authorities have not carried it out, because he has immunity. It is presumed that the authorities are afraid of intervening in the case of a person with such authority in the region. The proceedings are at present under discussion at the Cuilapa Court, in the Santa Rosa Department.
5. 865. Furthermore, in January 2003, an attempt was made on the life of the 59-year old trade unionist, Marcos Alvarez Tzoc. At that time, Marcos Alvarez Tzoc was a member of the advisory committee of the Trade Union of Workers of the El Arco Estate. He is now an executive member. The CGTG later blamed Julio Enrique de Jesús Salazar Pivaral, owner of the El Arco Estate, Chicacao, Suchitepéquez, for hassling workers who have had problems after joining a trade union and claiming their rights. The incident occurred because Marcos Alvarez Tzoc, overcome by hunger, tried to sell a bunch of bananas to someone who happened to be passing by. Salazar Pivaral then appeared and, after insulting and hitting Marcos Alvarez Tzoc, took out his revolver and fired two shots at his head. Before taking the wounded trade unionist to the Mazatenango National Hospital to receive medical care, the Estate owner kept him locked up in an office for seven hours, along with the truck driver purchasing the bananas. This case was brought to the attention of the National Civil Police of Mazatenango and the Criminal Court of the First Instance of this municipality. On 14 October 2004, the Sentencing Court of Suchitepéquez, handed down a judgement acquitting Salazar Pivaral of the charge of causing slight injuries and unlawful detention, but convicted him to ten years’ prison without parole for attempted homicide. Salazar Pivaral subsequently lodged various appeals that were declared irreceivable. On 4 March 2005, he lodged an appeal of amparo (enforcement of constitutional rights) with the Supreme Court of Justice which, on 14 March 2005, granted provisional amparo in a resolution. This resolution was contested by the Public Prosecutor’s Office and, to date, this request is still pending.
6. 866. Similarly, the complainant organization stated that five attempts have been made on the life of Imelda López de Sandoval, secretary-general of the Civil Aeronautical Trade Union and member of the executive committee of the CGTG. These murder attempts remain unpunished, despite the fact they were reported to the authorities. The two most serious attempts were as follows: (1) on 1 December 2004, the trade union official was in a moving vehicle when the front left wheel came off after the nuts on the wheel had loosened; the car did not overturn but it is assumed that the intention was for the trade union official to be involved in an accident and injured; and (2) on 25 January 2005, the steering wheel of the same vehicle was damaged and the car overturned, with Imelda López de Sandoval at the wheel. The car was completely destroyed and the trade unionist was hurt. After a nervous breakdown, she was obliged to turn to social assistance and is continuing her treatment. These acts were brought to the attention of the authorities (including the Public Prosecutor’s Office).
7. 867. On 19 March 2005, a number of trade unionists were assaulted by the municipal tourist police of Antigua Guatemala: Higinia Concepción López, 19 years of age; Moisés Gonzáles Buc, 20 years of age; Sonia Sofía Buc Sajvin, 12 years of age; Gladis Judith Cúmez Tash, 10 years of age; and Albina Cúmez Tash, 25 years of age. Those assaulted belong to the Trade Union Association of Itinerant Vendors of Antigua Guatemala. Approximately 20 members of the municipal police violently beat up this group of workers, amongst whom several were minors. In addition to the assaults, they confiscated the vendor’s goods.
8. 868. Another serious case occurred on 21 March 2005 at 9 a.m. The secretary-general of the trade union was verbally threatened with death by two policemen who had also assaulted other members of the trade union.. Various authorities were approached (Public Prosecutor’s Office, Prosecutor-General of Human Rights, director of the tourist police, the mayor and the municipal judge) but these steps led nowhere.
9. 869. The WCL also alleges selective surveillance and the theft of laptop equipment containing files on national, Central American, Latin American and world trade union matters, belonging to the secretary-general of the CGTG and CCT, José E. Pinzón. The theft occurred on 17 April 2005. A report was made to the National Civil Police and the Prosecutor-General of Human Rights, which described the theft as political; indeed, although the door of the vehicle had forcefully been broken into, only the laptop had been stolen and not a briefcase and other articles that were in the car. Furthermore, it was part of a series of computer thefts that had occurred in peasant farmers’ trade union and people’s organizations. The offence was categorized as a common crime, a view that was not shared by the trade union movement.
10. 870. Finally, the complainant organization sent a document concerning infringements of labour and trade union laws by the authorities and employers, giving details on the defects in the institutional system and the various state authorities; it alleged corruption, cronyism, partisanship, taking advantage of insider knowledge, all of which undermine the professional integrity of the judicial authority and demonstrate shortcomings in the labour inspection services.
11. 871. The complainant organization gave details on the following cases.
12. Mi Tierra Estate
13. 872. Judgement No. 166-2001, Fifth Labour Court of the Suchitepéquez Department. Those concerned: seven indigenous women workers at the Mi Tierra Estate, members of the Trade Union Workers of the Mi Tierra Estate: Elicia Ramírez Quiacain, Argelia López Pretzentín, María Ramírez Quiacain, Victoria Quiacain Quiejú, Cristina Sarat Reinoso, Herlinda Chovojay Simón and Catarina Eulalia Hernández Tzoc; they are claiming labour benefits because the judge declared their reinstatement irreceivable. Although the application for the payment of benefits has been granted by a court order, it cannot, in practice, be implemented.. The claim was made against the entity Mi Tierra S.A.; the company immediately changed its name to Desarrollo La Villa, S.A. and the ruling is therefore no longer applicable.
14. Municipality of Chiquimulilla
15. 873. Judgement handed down by the Labour Court of Cuilapa, Santa Rosa Department, against the Municipality of Chiquimulilla, Santa Rosa Department. Those concerned: Francisco César Gutiérrez Barrientos, Narciso Romero, Emilio Morales Sánchez, Genaro Arrecis Herrera, Luis Felipe Hernández and Pablo Juventino Revolorio Estrada, dismissed on 15 March 2004; the six were members of the Trade Union of Workers of the Municipality of Chiquimulilla. They are requesting benefits after their reinstatement was judicially turned down, on the basis of the San Salvador protocol which establishes the right of reinstatement even if the employer has not been ordered by a court to comply with this.
16. Los Angeles Estate
17. 874. Incident of dismissal No. 92-2004, Labour Court of the Suchitepéquez Department. This was instigated against eight members of the Trade Union of Workers of the Los Angeles and La Argentina Estates, in the Municipality of Chicacao. This trade union is made up of workers from both Estates; 29 workers in La Argentina Estate have already been finally dismissed after their order of reinstatement was overturned by the “honourable” constitutional court, following an ordeal of five years of judicial wrangles. If the judge of Suchitepéquez authorizes the dismissal of the eight workers in the Los Angeles Estate, the trade union loses its legal membership and will automatically cease to exist.
18. Municipality of Río Bravo
19. 875. Request for reinstatement as part of the proceedings of collective dispute No. 90-2003, Third Court of the First Instance of Labour, Social Welfare and the Family of Suchitepéquez. The application was made against the Municipality of Río Bravo, Suchitepéquez Department. Those concerned: five workers dismissed for having tried to set up a trade union of workers in the said municipality; the Ministry of Labour and Social Welfare refused to register the trade union on the grounds that, among its members, a number of workers carried out surveillance or municipal police services. The Trade Union Act of State Workers (Decree No. 71-86) prohibits any workers undertaking such services from belonging to a trade union.
20. Municipality of Samayac
21. 876. Request for reinstatement within the framework of collective dispute No. 46-2003, Sixth Court of the First Instance of Labour, Social Welfare and the Family of Suchitepéquez. The application was made against the Municipality of Samayac, Suchitepéquez Department. Those concerned: José Rumualdo Tax Vicente, Rosario Ajmac Pop and Aura Leticia Ramírez Gómez, dismissed for having submitted a list of claims to their employers requesting negotiations on these claims and a collective agreement on working conditions.
22. El Tesoro Estate
23. 877. Application for reinstatement brought in April 1997 against Agropecuaria El Tesoro, S.A.; Agropecuaria San Román, S.A.; and Agropecuaria San Gerardo, S.A.; the owners of the El Tesoro Estate in the Municipality of Santa Barbara, Suchitepéquez Department, by the workers: Julio César Chachal Matzar; Salvador Chachal Culan; Rigoberto Batan Rojop; Jacinto Cumatzil Navichoc; Nicolás Batan Soc and Ernesto Batan Rojop. On 18 March 1997, the workers gave notice of a collective dispute with the Sixth Court of Labour and Social Security with a view to negotiating working conditions by means of a collective agreement. The judge ordered that any termination of a labour contract (dismissal) should be authorized by the court; however, the workers were dismissed. The case was transferred to the Seventh Court of Labour and Social Security on 18 April 1997, before which the dismissed workers requested their reinstatement; the judge ordered their reinstatement and payment of wages that had been withheld; on appeal, the Fourth Chamber of the Appeals Court of Suchitepéquez upheld the order of reinstatement in a ruling dated 26 May 1998. The enterprise brought an action of amparo (enforcement of constitutional rights) before the Supreme Court of Justice against the Fourth Chamber, and in a ruling dated 26 May 1998, the Supreme Court declared the petition for amparo inadmissible; the enterprises appealed to the constitutional court, which declared the appeal inadmissible in a ruling dated 8 November 1999 and upheld the ruling against which the appeal had been made. However, the enterprises submitted an application against the collective proceedings, as a point of law, and the judge of the First Instance of Labour of Suchitepéquez upheld the point of law; the workers then appealed to the Fourth Chamber of the Appeals Court, which upheld the resolution they challenged; they then brought an action of amparo (enforcement of constitutional rights), before the Supreme Court of Justice, which, once again, upheld the challenged ruling; they subsequently appealed to the constitutional court, which finally upheld the challenged ruling, which left the workers without the exercise of the collective right to work and without the possibility of being reinstated and of being able to negotiate a collective agreement on working conditions. The controversial issue at stake is why the courts changed their opinion in a case which first came out fully on the side of the workers and then fully against the legal rights of the workers. The workers, taking the first proceedings as a basis, are claiming that the rulings handed down during the initial proceedings should be enforced by means of a special executive judgement; the Labour Court of the First Instance of Suchitepéquez has stated that this is not the legal way to proceed because it does not have jurisdiction to deal with this case. Hence the employers enjoy impunity in labour matters.
24. Municipality of Puerto Barrios
25. 878. Application for reinstatement, within the framework of the collective dispute No. 15-2003, submitted to Clerk of the Court No. 2 of the Labour Court of Izabal Department, against the Municipality of Puerto Barrios, on the grounds that it dismissed 22 trade unionists listed by name. The court ordered the reinstatement under resolutions dated 24 and 27 May 2004, but, to date, none of the workers have been reinstated or received their wages due.
26. El Carmen Estate
27. 879. Application for reinstatement No. 8-2003, submitted to Clerk of the Court No. IV, Press Server No. 1, of the Labour Court of the Municipality of Coatepeque in Quetzaltenango Department. Those concerned: 20 members (listed by name) of the Trade Union of Agricultural Workers of the El Carmen Estate, in the Municipality of Colomba, Quetzaltenango Department. Since it was first set up, the trade union has never been able to negotiate a collective agreement on working conditions because of a series of obstacles created by the employers; given that a new labour court has been established in the Municipality of Quetzaltenango, upon an order from the Supreme Court of Justice, the case was submitted to this new court. However, the enterprise Petra S.A. refuses to give a new address where it might receive notifications, precisely because it wants to avoid being notified, and the judicial resolutions have no legal effect in its case.
28. Municipality of Livingston
29. 880. Application for reinstatement, within the framework of the collective dispute No. 77-99, submitted to the Clerk of the Court No 2 at the Labour Court of Izabal Department, made against the Municipality of Livingston, Izabal Department. Those concerned: seven members of the Trade Union of Workers of the Municipality of Livingston. Dismissed on 17 January 2000, the trade union members were reinstated, almost four years later, on 31 December 2003; but they have still not been paid their wages and other benefits that they failed to receive during their period of dismissal. They were without work for a total of 1,442 days, while the law states that they should be reinstated within 24 hours. To date, they are owed: wages withheld, end of year bonuses and the annual allowance for workers in the public and private sectors. Until now, the judge of Puerto Barrios has not pronounced on the application to approve the settlement of wages and other benefits that the workers failed to receive during their period of dismissal.
30. Municipality of San Miguel Pochuta
31. 881. Department of Chimaltenango, Labour Court of the Escuintla Department. Those concerned: 21 workers (listed by name). The workers demanded their reinstatement after having been dismissed for submitting a list of claims to the municipality through a court, with a view to negotiating a collective agreement on working conditions; in addition to submitting a list of claims, they also established a trade union and were immediately dismissed; they have not yet been reinstated, despite the law that stipulates they should be reinstated within 24 hours.
32. El Arco Estate
33. 882. Application for reinstatement submitted by 20 trade unionists (listed by name) to the Labour Court of Suchitepéquez, for dismissals in 1994 or in 2001.
34. San Lázaro Estate
35. 883. Judgement No. 38-2000, Labour Court of the Sololá Department. Those concerned: 79 workers listed by name. This upholds the ruling that readjustments to wages or wages withheld should be paid; however, this has not been implemented because the entity San Lázaro S.A., owner of the San Lázaro u Olas de Mocá, refuses to receive notifications or challenges those that do get through; in other words, the administration of justice is neither fair, rapid nor enforced..
36. Clermont Estate
37. 884. Application for reinstatement before the Labour Court of the Municipality of Malacatán, San Marcos Department. The defendant in this case is. Silvia Eugenia Widmann Lagarde, close relative of President Berger, owner of the Clermont, Ucubuya and Valdemar Estates. Those concerned are 50 workers (listed by name), dismissed for having created a trade union and submitting a list of claims to their boss with a view to negotiating a collective agreement on working conditions. They were dismissed on 17 November 2001 and 11 September 2001; the judge of the Labour Court of Quetzaltenango ordered their reinstatement which, to date, has been considerably delayed because there have been a series of arguments challenging the claimants or the summons notices; the matter of enforcement of the reinstatement order is now before the Labour Court of the Municipality of Malacatán in the San Marcos Department. The wages withheld, calculated from 17 November 2001 and 31 May 2003, amount to 991,308.45 quetzales.
38. Workers of the Municipality of Cuyotenango, Suchitepéquez
39. 885. Judgement No. 122-2002, Labour Court of Suchitepéquez. The 26 persons concerned, members of the Trade Union of Workers of the Municipality of Cuyotenango, Suchitepéquez Department, have suffered discriminatory treatment as follows: the trade union members do not benefit from the monthly incentive of 250 quetzales, as laid down in Decree No. 37-2001 of the Congress of the Republic; despite the ruling pronounced in favour of these workers, the mayor refuses to comply with it on the grounds that the municipal assets cannot be impounded and that the ruling cannot be enforced, unless the goods of the municipality are impounded. Furthermore, the members of the executive committee of the trade union do not enjoy trade union prerogatives, as laid down in section 61(n)(6) of the Labour Code; hence they may not carry out their trade union functions.
40. B. The Government’s reply
41. 886. In its communication dated 7 September 2005, the Government states, in connection with the allegations of selective surveillance and the theft of laptop equipment containing files on national, Central American, Latin American and world trade union matters, belonging to José E. Pinzön, (secretary-general of the Confederation of Workers of Guatemala (CGTC) and of the CCT), that the account of facts given by the WCL in its complaint does not contain enough precise information or sufficient evidence to carry out an inquiry into the complaint and subsequently, to adduce responsibilities. The Special Public Prosecutor for Offences Against Journalists and Trade Unionists, upon request, provided information to the effect that this office is not dealing with any case concerning surveillance and the theft of José Pinzon’s computer equipment as no complaint had been lodged on the matter, despite the fact that all the procedural channels are still open in accordance with the legislation.
42. 887. In its communication of 1 February 2006, the Government states, in reference to Case No. 38-2000 concerning the San Lázaro Estate brought before the Labour Court of the Sololá Department by Luis Felipe Cetino Chic and colleagues against the entity San Lázaro S.A., that all the procedural stages were conducted in accordance with the law, as a ruling was handed down on 25 May 2001 in favour of the complainants; the plaintiff was informed of the judicial decision in October 2002 but, as the enterprise did not settle the amount indicated at the time of the application (251,608 quetzales), the case was referred to the Public Prosecutor’s Office in October 2004, with a view to instigating criminal proceedings for disobedience; the defendant was also automatically given a fine of 5,000 quetzales for failure to comply with the ruling. It is now for the complainants to instigate executive proceedings for the enforcement of the ruling.
43. 888. The Government states that the services of the labour inspectorate uphold the values contained in the law and ratified international labour Conventions and that its approach in various labour disputes, occurring both in the private and public sectors, is impartial. The Government encloses information on the Ministry’s intervention in hundreds of cases, through the labour inspectorate, in various disputes that arose in a number of different state departments and in the private sector in 2005.
44. 889. In its communication of 28 June 2006, the Government states that the Ministry of Labour requested the cooperation of the Ministry of Interior’s Special Public Prosecutor of Offences Against Journalists and Trade Unionists of the Ministry of the Interior; in connection with the attempts against the life of Imelda López de Sandoval, the Special Public Prosecutor’s Office informed the Government that once it had received the respective complaint it had carried out the corresponding inquiries; for instance, it had called in an expert from the Toyota company in Guatemala to make a thorough investigation of the vehicle driven by the victim to establish the alleged facts and to be able to identify the guilty party. As regards the repression, persecution and harassment of officials and members of the trade union of the informal sector in the City of Antigua Guatemala by the municipal tourist police, the Public Prosecutor’s Office is only dealing with the complaint submitted by Miguel Angel Buc Cotzal in relation to these events; the Office carried out inquiries to ascertain the facts as presented by the complainant but it came up with no serious grounds to establish that a crime had been committed, given that the municipal tourist police had acted in accordance with an ordinance of the municipality in question This ordinance bans the sale of merchandise on pavements and provides for its confiscation and penalties if this ban is violated. Concerning the assassination of Luis Quinteros Chinchilla, the Public Prosecutor’s Office points out that no complaint had been lodged on this matter and therefore it has not carried out inquiries and is unable to give any information in this respect.
45. 890. As regards the case of the El Carmen Estate reinstatement application No. 8-2003, First Labour Court with its headquarters in the Municipality of Coatepeque, in Quetzaltenango Department, the Government points out that the judicial authority handed down a decision in favour of the complainants; however, it had been unable to notify the defendant (El Carmen Estate) of the decision because the plaintiffs (those concerned), had not given an address where the defendant could be reached.
46. 891. With respect to the case concerning the Municipality of Livingston (application for reinstatement submitted to the Second Labour Court of the Izabel Department), the Government states that on 16 December 2003, the Court ordered the Municipality of Livingston to reinstate the complainants; on 30 December 2003, the complainants were reinstated in their original jobs. As regards the request for approval of the settlement of wages and other benefits, the Court issued the respective order on 3 October 2003, which was duly notified to the parties in question.

C. The Committee’s conclusions

1. 892. The Committee notes that, in this case, the complainant organization alleges the murder of two trade union officials, death threats hanging over the wife and children of one of these officials, the attempted murder of a trade union official and a trade union member, assaults on five members of an itinerant vendors’ trade union with confiscation of their goods, a death threat against a trade union official of this trade union, the theft of a laptop with trade union files belonging to a CGTG official, as well as shortcomings in the institutional system of protection of trade union and labour rights, evidenced by a number of cases in which judicial orders of reinstatement or others failed to be implemented, that would have benefited very many trade unionists.
2. 893. Concerning the allegations referring to the murder of the trade union official Rolando Raquec, the Committee notes that, according to the complainant organization, this trade union official had requested the protection of the authorities after receiving death threats and threats against members of his family but that the police had allegedly been negligent. The Committee notes that, according to the allegations, this trade union official’s wife had been able to identify the murderers, which prompted death threats against herself and her children, without the authorities providing the least protection.
3. 894. The Committee deplores the murder of the trade union official Rolando Raquec, as well as the fact that the Government has not sent observations on this allegation, and requests it to take the necessary measures immediately to safeguard the lives of his wife and children, given the death threats they have allegedly received. The Committee also requests the Government to inform it of developments in the proceedings concerning this murder and expects that those guilty will be severely punished.
4. 895. As regards the allegations concerning the murder of the trade union official Luis Quinteros Chinchilla by the Mayor of the Municipality of Chiquimulilla, the Committee notes that, according to the Government, the Special Public Prosecutor for Offences Against Journalists and Trade Unions has not received any complaint; consequently, it has not carried out inquiries on which it might provide information. The Committee expresses its concern at the content of the Government’s reply, especially since the complainant organization communicated the name of the court dealing with this case (Guilapa Court – Santa Rosa Department). The Committee deplores the murder of this trade union official and requests the Government to inform it of developments in the proceedings and expects that those responsible will be severely punished.
5. 896. Generally speaking, taking into account the seriousness of these allegations of trade unionists’ murders, as well as the allegations that will be examined here below, concerning other murder attempts, threats and acts of violence against trade unionists, the Committee expresses its deep concern at this climate of violence and those acts which it deplores. The Committee points out 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 “the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected” [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 46 and 47].
6. 897. As regards the alleged attempt on the life of the trade unionist Marcos Alvarez Tzoc by the owner of the El Arco Estate, and of the trade union official Imelda López de Sandoval when her car was tampered with on two occasions, the Committee notes that the complainant organization states that in the first case, proceedings are under way with the judicial authority and that in the second case, the matter has been brought to the attention of the Public Prosecutor. The Committee deeply regrets that the Government did not send observations on the attempted murder of the trade unionist Marcos Alvarez Tzoc but takes note of the Government’s reply with respect to the trade union official Imelda López de Sandoval, that the Special Public Prosecutor’s Office for Offences Against Journalists and Trade Unionists is carrying out the corresponding inquiries.
7. 898. The Committee requests the Government to provide it urgently and without delay with information on the developments in the inquiries and proceedings concerning these trade unionists and expects that those responsible for the murder attempts will be severely punished.
8. 899. As regards the alleged assaults by the municipal tourist police of Antigua against five members of the Trade Union Association of Itinerant Vendors of Antigua and the confiscation of their goods, the Committee notes the Government’s statements to the effect that: (1) a municipal ordinance bans the display of merchandise on the street and, in the event of violation of this order, provides for the confiscation of goods and penalties; (2) after carrying out inquiries on these allegations, the Public Prosecutor’s Office concluded that no offences had been committed. Concerning the death threats by two policemen against the secretary-general of the Trade Union Association of Itinerant Vendors of Antigua, the Committee regrets that the Government has not sent specific observations, and requests the Government to take measures to ensure that an independent inquiry is carried out without delay and to keep it informed in this respect.
9. 900. As regards the allegation concerning the selective surveillance and theft of laptop equipment belonging to José E. Pinzón, secretary-general of the CGTG, together with the trade union files, the Committee notes the Government’s statement to the effect that the complaint does not contain specific enough information to carry out an inquiry and that the Special Public Prosecutor’s Office for Offences Against Journalists and Trade Unionists has not received any complaint on the matter. The Committee notes, however, that according to the allegations, these matters were reported to the National Civil Police and the Prosecutor-General of Human Rights and requests the Government to communicate to it the findings of the inquiries carried out by these institutions.
10. 901. A number of allegations were made concerning the shortcomings of the institutional system (labour inspectorate, judicial authorities) to guarantee trade union and labour rights. These specifically concerned: (1) the failure to comply, both in the public and private sectors, with the judicial orders for reinstatement or on other matters (for example compensation pay) in the case of dismissed trade unionists; (2) dismissals on the grounds of having established trade unions or submitting lists of claims to negotiate a collective agreement; (3) refusals to negotiate collectively with the trade union; and (4) the refusal to grant trade union licences to trade union officials. The Committee regrets that the Government only sent partial information according to which: (1) the labour inspectorate and other services of the Ministry of Labour had intervened in hundreds of cases in the public and private sectors; (2) in the case of the El Carmen Estate (the enterprise’s refusal to negotiate), the legal authority handed down a resolution in favour of the workers but was not able to notify the employer because the plaintiff had not given an address where the defendant could be notified; (3) in the case of the San Lázaro Estate (refusal to pay wages ordered by the judicial authority), the Estate had been fined 5,000 quetzales; (4) in the case of the Municipality of Livingston (failure to pay statutory benefits to seven trade unionists reinstated under a judicial order), the judicial authority ordered the reinstatement in December 2003, which duly occurred; concerning the settlement of wages and other benefits, the judicial authority issued the corresponding order to the municipality – but, according to the allegations, this was not enforced.
11. 902. The Committee requests the Government to take all appropriate steps to resolve the question of payment of wages and other benefits ordered by the judicial authority in favour of the trade unionists from the San Lázaro Estate and the Municipality of Livingston, as well as to promote collective bargaining between the El Carmen Estate and the trade union.
12. 903. The Committee requests the Government, without delay, to send its observations on the allegations to which it did not reply, which are listed here below:
13. – dismissals for attempting to establish a trade union (Municipality of Río Bravo, Clermont Estate – where, furthermore, there was failure to comply with the judicial order for the reinstatement of dismissed workers – and the Municipality of San Miguel Pochuta);
14. – dismissals for having submitted a list of claims to negotiate a collective agreement (Municipality of Samayac, El Tesoro Estate – where there was a judicial order for reinstatement);
15. – dismissal of trade unionists (Los Angeles and El Arco Estates) and non-compliance with judicial orders for the reinstatement of trade unionists (Municipality of Puerto Barrios);
16. – failure to pay statutory benefits to trade unionists as ordered by the judicial authority (Mi Tierra Estate, Municipalities of Chiquimulilla and Cuyotenango Suchitepéquez); and
17. – refusals by the Municipality of Cuyotenango Suchitepéquez to grant trade union licences as provided for under the legislation.
18. 904. The Committee recalls that, as in this case, it has examined relatively frequently cases of non-compliance (sometimes for years) with judicial orders for reinstatement (or for the payment of wages and other benefits) of dismissed trade unionists in Guatemala. The Committee would like to refer to the conclusions of June 2006 in Case No. 2295, in which it examined allegations concerning the rising number of fines for non-compliance with judicial orders; at that time it pointed out that the existence of legal provisions prohibiting acts of anti-union discrimination is insufficient if they are not accompanied by efficient procedures to ensure their application in practice [see 342nd Report, Case No. 2295, para. 537]. Taking into account the high number of trade unionists who have not been reinstated despite a judicial order of reinstatement, as detailed in the allegations, the Committee reminds the Government that the ILO’s technical assistance is at its disposal. The Government must ensure an adequate and efficient system of protection against acts of anti-union discrimination, which shall include sufficiently dissuasive sanctions and prompt means of redress emphasizing reinstatement as an effective means of redress.

The Committee’s recommendations

1. 905. In light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
2. (a) Recalling 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 respected, the Committee deplores the murder of the trade union officials Rolando Raquec and Luis Quinteros Chinchilla, the attempt against the life of the trade unionist Marcos Alvarez Tzoc and the trade union official Imelda López de Sandoval, and requests the Government to inform it urgently and without delay of the developments in the inquiries and procedures under way and expects that those responsible will be severely punished.
3. (b) The Committee requests the Government to take immediately all the necessary measures to safeguard the lives of the wife and children of the murdered trade unionist Rolando Racquec, from the death threats that, according to the allegations, they have received.
4. (c) The Committee requests the Government to take measures to ensure that an independent inquiry is carried out without delay on the allegations of death threats against the secretary-general of the Trade Union Association of Itinerant Vendors of Antigua and to inform it in this respect.
5. (d) The Committee requests the Government to communicate the outcome of the inquiries carried out by the National Police and the Prosecutor-General for Human Rights on the allegation concerning the selective surveillance and theft of laptop equipment belonging to José E. Pinzón, secretary-general of the CGTG.
6. (e) The Committee requests the Government to take appropriate steps to resolve the question of payment of wages and other benefits ordered by the judicial authority in favour of the trade unionists from the San Lázaro Estate and the Municipality of Livingston, and to promote collective bargaining between the El Carmen Estate and the trade union.
7. (f) The Committee requests the Government to send, without delay, detailed observations on the allegations to which it did not reply, which are listed here below:
8. – dismissals for attempting to establish a trade union (Municipality of Río Bravo, Clermont Estate – where, furthermore, there was failure to comply with a judicial order of reinstatement of dismissed workers – and the Municipality of San Miguel Pochuta);
9. – dismissals for having submitted lists of claims to negotiate a collective agreement (Municipality of Samayac, El Tesoro Estate – where a judicial order for reinstatement had been issued);
10. – dismissal of trade unionists (Los Angeles and El Arco Estates) and non-compliance with judicial orders for the reinstatement of trade unionists (Municipality of Puerto Barrios);
11. – failure to pay statutory benefits to trade unionists, as ordered by the judicial authority (Mi Terra Estate , Municipalities of Chiquimulilla and Cuyotenango Suchitepéquez); and
12. – refusals by the Municipality of Cuyotenango Suchitepéquez to grant trade union licences as provided for under the legislation.
13. (g) The Committee reminds the Government that the ILO’s technical assistance is at its disposal. The Government must ensure an adequate and efficient system of protection against acts of anti-union discrimination, which shall include sufficiently dissuasive sanctions and prompt means of redress emphasizing reinstatement as an effective means of redress.