Effect given to the recommendations of the committee and the Governing Body - Report No 336, March 2005

Effect given to the recommendations of the Committee and the Governing Body

1. 62. The Committee last examined this case, which concerns murders and dismissals, at its November 2002 meeting [see 329th Report, paras. 48-50]. On that occasion it made the following recommendations, which remain pending:
   • The Committee notes once again that the complainant organization has not sent further information concerning the murder of the trade union member Cesáreo Chanchavac. The Committee once again requests the complainants to send further information in respect of this murder. As regards the proceedings concerning dismissals at the Ofelia, La Patria, Santa Fe and La Palmera farms, the alleged dismissals at the El Arco farm and the alleged impossibility of negotiating a collective agreement at the San Carlos Miramar farm, the Committee notes with regret that the Government has not sent any observations in this respect. The Committee once again requests the Government to keep it informed on the rulings that are handed down in relation to these dismissals and to promote the negotiation of a collective agreement at the San Carlos Miramar farm.
2. 63. In a communication of 2 December 2004, the Government states with regard to allegations concerning the La Patria farm, that a conciliation initiative took place in the presence of CGTG representatives and an agreement has been signed through the mediation of the Labour Inspectorate of Mazatenango providing for an appropriate wage settlement. The case has consequently been closed. As regards the Santa Fe and La Palmera farms, the Government notes that according to the case filed with the Labour, Social Security and Family Court of Retalhuelu, the workers concerned have reached a settlement with the employers. In a communication of 19 January 2005, the Government mentions, as regards the allegations concerning the San Carlos Miramar farm, that, on 10 January 2002, under the auspices of the Labour Inspectorate, the legal representative of the farm and the leaders of the trade union have concluded a buy/sell agreement of 400 "cuendras" of the San Carlos Miramar farm, that have been distributed among 18 temporary workers of the farm. The Government adds however that it has been informed that the trade union is not active any more at the farm and that the farm is not being exploited any more.
3. 64. The Committee takes note of this information. It regrets that the complainant has not sent the further information requested more than two years ago on the murder of the trade unionist Cesáreo Chanchavac. Under these circumstances, the Committee will not pursue its examination of the allegation in question. The Committee requests the Government to keep it informed of developments in the proceedings concerning dismissals at the Ofelia and El Arco farms.