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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 107. At its March 2007 session, the Committee made various recommendations on issues still pending [see 344th Report, paras 79–81]. In particular, as regards the allegations concerning the dismissal of 52 workers at Horticultura de Salamá in 1997 following the formation of the Trade Union of Horticultural Workers of Salamá (SINTRAHORTICULTURA) and all the judicial proceedings in which the reinstatement of the workers had been ordered, the Committee took note of the Government’s communications stating that most of the parties who had brought the case had withdrawn from the proceedings they had initiated and that two workers remained to be reinstated in their jobs and had not been reinstated because their home address was unknown. The Committee requested the Government to do everything in its power to see that the workers were reinstated. In addition, as to the allegations regarding the dismissal of four workers shortly after the formation of the trade union, the pressure exerted on them, the persecution and constant harassment of union members and the acts of anti-union discrimination against members and leaders of the Union of Workers of NB Guatemala (SITRANB) at the NB Guatemala company, the Committee had requested the Government to take immediate measures to ensure that an independent inquiry was carried out and, if it were determined that the dismissals and other anti-union acts were linked to the formation of the trade union organization, to ensure that the workers were immediately reinstated and paid the wage arrears owed to them and that sufficiently dissuasive sanctions were imposed on the enterprise for the anti-union acts committed. Lastly, as to the allegations presented by the Union of Workers of the Technical Institute for Training and Productivity (STINTECAP) concerning acts of interference, pressure and threats against the workers to force them to leave the trade union, the Committee had requested the Government to take the necessary measures to ensure that an independent inquiry was carried out into the allegations and to keep it informed in that regard, as well as to inform it of the result of the tripartite committee’s attempts at conciliation.
- 108. In its communications dated 29 March and 4 May 2007, the Government refers to its previous observations concerning the court-ordered reinstatement of the remaining two SINTRAHORTICULTURA unionists who had not withdrawn from judicial proceedings. According to the documents sent by the Government, Ms María Gilberta Garrido Marroquín and Ms Cristina García Garrido have not appeared before the court to have the reinstatement orders implemented. The Government has learnt that they are currently abroad.
- 109. As to the inquiry requested by the Committee into the dismissals of and anti-union acts against SITRANB members and leaders, the Government attaches the decision by the Human Rights Procurator dated 18 January 2007, in which, having carried out the relevant inquiry, he concludes that there are no grounds for stating that there has been a violation of the human right to freedom of association of the members of the SITRANB executive and consultative committee. The most relevant parts of this decision are reproduced below.
- The Human Rights Procurator, exercising his authority and complying with the Constitution and the law in question, opened an investigation into a violation of the human right to freedom of association on the basis of attacks on members of the committee of the Union of Workers of the NB Guatemala SA assembly plant company (SITRANB), perpetrated by fellow employees. According to the complaint, women belonging to this trade union have been the target of threats and physical violence from fellow employees, even when in the presence of other female workers.
- In accordance with the law, this institution began investigating the complaint, seeking a detailed report from the authorities of the institution involved in this case and requesting that an inspection take place, with a view to strengthening the investigation and to underpinning its conclusions.
- According to the report by Mr Edgar Eduardo Sánchez García, the Deputy General Labour Inspector, the labour inspectors Mr César Roberto Gatica Lemus and Mr Wiliam Henry Mazariegos Concoha stated that as soon as the trade union was formed in the NB Guatemala SA assembly plant company, a labour inspector was appointed to ensure that the members of the executive and consultative committee were able to perform their trade union duties, notifying the employer to ensure that the trade union was recognized as part of the company, as well as to protect wages and to avoid any actions that could restrict workers’ minimum rights. The report also states that by means of an alternative dispute resolution mechanism for economic and social questions, they succeeded in having the parties negotiate a collective agreement on working conditions, of which only 11 of 57 articles remained to be adopted, and, at the trade union’s request, administrative remedies were exhausted when both parties requested the Labour and Social Welfare Court to rule on the points of disagreement in the collective dispute. The labour inspectors’ report states that three complaints have been submitted by members and non-members of the Union of Workers of the NB Guatemala SA company. In the first, a group of workers reported a violation of their right to organize and the refusal of members of the executive committee to accept their voluntary resignation from the trade union. The second complaint, submitted by 60 workers, was against the members of the executive committee of the trade union in question for violation of their trade union rights, while the third complaint, submitted by 170 workers, reported reprisals, intimidation and violations of their right to work. It was this complaint in which the workers considered that all administrative remedies had been exhausted by the proceedings before the Labour and Social Welfare Court against the trade union for violations of labour law. Moreover, according to Mr Enexton Emigdio Gómez Meléndez, Director-General for Labour of the Ministry of Labour and Social Welfare, the members of the executive committee and the consultative council of the Union of Workers of the NB Guatemala SA company are not recorded by the Ministry as holding posts on the said executive committee and consultative council and therefore, such a representation cannot be accredited. As a consequence, it is appropriate to hand down the corresponding decision …
- DECIDES
- That there are insufficient grounds for stating that there has been a violation of the right to freedom of association of the members of the executive and consultative committee of the Union of Workers of the NB Guatemala SA assembly plant company (SITRANB). This must be announced and filed.
- 110. The Committee notes the information supplied by the Government. The Committee observes that the two Horticultura de Salamá trade unionists whose reinstatement was ordered by the courts are currently abroad. The Committee requests the complainant organization to inform these trade unionists of the court decision concerning their reinstatement so that they can act on it as they see fit.
- 111. As to the allegations concerning dismissals and anti-union acts by the NB Guatemala company, the Committee notes the decision of the Human Rights Procurator in which he considers that no violation of freedom of association has taken place. The Committee invites the complainant organization to provide its comments in that regard if it so wishes.
- 112. Lastly, the Committee regrets that the Government has not sent the information requested on the allegations concerning INTECAP (acts of interference, pressure and threats against workers to force them to leave the trade union). Therefore, the Committee reiterates its earlier recommendation, and again requests the Government to take the necessary measures to ensure that an independent inquiry is carried out into the alleged facts and to keep it informed in that regard, as well as of the result of the tripartite committee’s attempts at conciliation.
