Report in which the committee requests to be kept informed of development - Report No 309, March 1998

1. 252. The Committee has examined this case and formulated interim conclusions on a number of occasions, most recently at its November 1997 meeting (see 308th Report, paras. 363-394, approved by the Governing Body at its 270th Session (November 1997)).
2. 253. The Government sent new observations in a communication dated 28 January 1998.
3. 254. 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. 255. The last time the Committee examined the case (November 1997) various allegations remained pending relating to threats and acts of violence against trade unionists, and also to acts of anti-union discrimination. The Committee formulated the following conclusions and recommendations in this connection (see 308th Report, paras. 390-394):
2. The Committee also asks the Government to keep it informed regarding the investigations into the alleged surveillance of the IUF premises by persons unknown on 23 August 1993. With regard to Case No. 1876, the Committee takes note that the initiation of legal proceedings has been requested concerning the detention of the trade unionists Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez García and Belarnino González de León, and also that the family of Edwin Rolando Yoc (abducted and later released) was keeping in mind the possibility of making a formal denunciation. The Committee takes note that the union officers Jorge Galindo, Danilo Aguilar, Félix Hernández and Juan Francisco Alfaro Mijangos, did not present denunciations for death threats, and that they are carrying out their union activities normally, as is union officer Víctor Durán. The Committee observes that, in connection with the union officers Débora Guzmán and Vilma Cristina González, the Government limits itself to formulating hypotheses. In these circumstances, the Committee reiterates its previous recommendation that it be kept informed of investigations undertaken into the threats or acts of aggression against the above-mentioned union officials, and suggests to the Government to inform all union officials who have not yet presented formal denunciations to the authorities that they may do so if they so desire.
3. The Committee takes note, likewise, that the Government requests a regional technical commission in connection with the cases relating to acts of violence against trade unionists. The Committee hopes that the said regional technical commission will be able to set off shortly to the country, in order to speed up the clarification of the allegations under review.
4. With regard to the allegations of acts of discrimination, the Committee takes note of the Government's statements regarding developments in the legal, administrative or mediation procedures in connection with the International Textile Corporation enterprise, in the El Salto farm, in the Mariposa S.A. bottling enterprise and in the Las Delicias farm. The Committee stresses the importance of remedying all the acts of anti-union discrimination and asks the Government to keep it informed of the progress of these procedures. The Committee also asks the Government to send information about the status of the legal proceedings regarding the dismissal of various officers of the Workers' Union of the San Juan de Dios Hospital.
5. Finally, the Committee asks the Government to send its observations on the additional information submitted by the ICFTU, dated 18 July 1997, which is reproduced below (see 308th Report, paras. 369-373):
6. The ICFTU alleges that the "Quetzal" port enterprise dismissed Juan José Morales Moscoso and Everildo Revolorio Torres, Secretary-General and secretary responsible for disputes, respectively, of the Single Workers' Union of the said enterprise, and members of the Executive Committee of the Confederation of United Trade Unions of Guatemala (CUSG).
7. In the case of Mr. Revolorio Torres no valid explanation has been given, except that his dismissal was due to the administrative reorganization of the enterprise. Despite efforts to that effect, it has not been possible to achieve the reinstatement which is his right, because the labour tribunals are not functioning. This case has been dealt with by the Ministry of Labour which showed an interest in having this situation resolved in conformity with the law, but this has been ignored by the supervisor of the port enterprise.
8. The case of Mr. Morales Moscoso is much more serious, because he is being pursued under the criminal code, accused of non-fulfilment of his duties and abandoning his post, accusations brought on by his attending the XIVth Continental Congress of the Inter-American Regional Organization of Workers of the ICFTU (ORIT), where he was present as an official delegate representing the Confederation of United Trade Unions of Guatemala (CUSG). According to the supervisor of the port enterprise, the above-mentioned trade unionist attended this event without permission of any kind, which is completely untrue since he had personally spoken with the said official. Moreover, the CUSG sent a letter to the enterprise regarding Mr. Morales Moscoso's attendance at the Congress. On the other hand, according to the ICFTU, the administrative director of the port enterprise is putting strong pressure on Mr. Morales Moscoso, to force him to give up his job in exchange for the enterprise withdrawing its criminal suit, which is an attitude which goes against his rights, and is aimed at weakening and destroying the union organization.
9. According to the ICFTU similar cases are occurring with the Trade Union of Workers of the National Electrification Institute (STINDE) where union officers and former officers have been dismissed on the pretext that the collective agreement on working conditions is not applicable to them. In both cases, the two enterprises are subject to injunctions, and for this reason they cannot dismiss workers without the prior authorization of a judge; moreover in the case of union officers, the law prohibits their dismissal. (The allegations submitted by the STINDE in respect of these issues are examined in the Committee's current report in connection with Case No. 1936.)
10. B. The Government's reply
11. 256. In a communication dated 28 January 1998, the Government sent documents signed by the trade union leaders Débora Guzmán and Félix Hernández addressed to the government procurator's office asking for the inquiries relating to them to be closed as there is no interest in pursuing them. The Government indicated that judicial inquiries into the rape of the trade unionist Vilma Cristina González were under way. Furthermore, it declared that during a meeting between an official from the Ministry of Labour and the Secretary-General of the IUF in Guatemala, the latter had stated that he had no knowledge of the alleged surveillance of the IUF's premises by persons unknown in August 1993. The Government added that no denunciation in this respect has been made to the government procurator's office. It also declared that it was awaiting the visit of an ILO regional technical committee in connection with this case, in which it deplored the fact that the complainants and the aggrieved parties themselves have collaborated so little, not even submitting denunciations. As regards the allegations concerning the dismissal of trade union officials from the Workers' Union of the San Juan de Dios Hospital, the Government stated that the trade unionist Gunder Isaías Yoc Orozco had not been dismissed (proof of this was annexed), and that the trade union official Carmelino Isauro Lucas Díaz had been reinstated in his post.
12. 257. In respect of the decision taken by the Quetzal port enterprise to dismiss Juan José Morales Moscoso and Everildo Revolorio Torres, the Government stated that the dispute was currently before the courts and that it will inform the Committee of the definitive decision. The documents sent by the Government show that Mr. Morales Moscoso was a union officer and legal authorization is required for his dismissal; Mr. Revolorio was not an officer and was dismissed as a result of mistakes made in his work.

C. The Committee's conclusions

1. 258. With regard to the alleged death threats or assaults against trade unionists, the Committee notes that the trade unionists Débora Guzmán and Félix Hernández have requested that the inquiries concerning them be closed and that the trade unionists Jorge Galindo, Danilo Aguilar, Juan Francisco Alfaro and Víctor Durán have still not submitted denunciations relating to the death threats alleged by the complainant. In this respect, the Committee will only continue with the examination of these allegations if the complainant sends supplementary information. The Committee also notes that the judicial inquiries are progressing as regards the rape of the trade unionist Vilma Cristina González and it asks the Government to keep it informed of developments in these inquiries. The Committee also requests the Government to keep it informed of developments in the inquiries into the detention of the trade unionists Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez Garcia and Belarmino González de León, as the Government has not sent it any further information on these matters.
2. 259. With respect to the allegations of anti-union discrimination, the Committee notes that, according to the Government, the trade unionist Gunder Isaías Yoc Orozco was not dismissed and that the trade union official Isauro Lucas Díaz (both members of the Workers' Union of the San Juan de Dios Hospital) was reinstated in his post. Furthermore, given the Government's lack of new information concerning other allegations, the Committee repeats its earlier conclusions, in which it took note of the Government's statements regarding developments in the legal, administrative and mediation procedures in connection with the International Textile Corporation enterprise, the El Salto farm, the Mariposa S.A. bottling enterprise and the Las Delicias farm, in which it stressed the importance of remedying all acts of anti-union discrimination and asked the Government to keep it informed of the progress of these procedures. The Committee requests the Government to take measures for the reinstatement of those dismissed in their posts if it is confirmed that they were dismissed for their trade union activities.
3. 260. Lastly, with respect to the decision of the Quetzal port enterprise to dismiss the trade union officials Juan José Morales Moscoso and Everildo Revolorio Torres, the Committee notes that, according to the Government, Everildo Revolorio Torres is not a trade union official and was dismissed as a result of mistakes made in his work (the Government does not specify the nature of these errors or the reason for the dismissal of Mr. Morales Moscoso). The Committee also notes that both dismissals have been referred to the courts. On a general note, the Committee recalls that nobody should be subject to discrimination in employment on the basis of legitimate trade union membership, duties or activities, and requests the Government to keep it informed of the results of the legal proceedings currently under way relating to the dismissal of the above trade unionists. The Committee requests the Government to take measures for the reinstatement of those dismissed in their jobs if it is confirmed that they were dismissed for their trade union activity.