Informe provisional - Informe núm. 364, Junio 2012

1. 519. The Committee last examined this case at its March 2011 meeting when it presented an interim report to the Governing Body [see 359th Report, paras 561–579, approved by the Governing Body at its 310th Session (March 2011)].
2. 520. The Government sent its observations in communications dated 13, 27 and 28 September, and 3 and 4 October 2011.
3. 521. 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. 522. At its March 2011 meeting, the Committee made the following interim recommendations concerning the allegations presented by the complainant organization [see 359th Report, para. 579]:
   • (a) As regards the allegation concerning death threats against members of the Trade Union Association of Itinerant Vendors of Antigua, including its general secretary, the Committee notes that the competent court was unable to initiate proceedings owing to the lack of information from the trade union. The Committee is bound to observe with regret that this situation results in impunity for those who issued the death threats and urges the Government to take steps to ensure that an independent investigation into these allegations is launched without delay and to keep it informed of its results.
   • (b) As regards the allegations concerning the attempted murder of trade unionist Marcos Álvarez Tzoc, noting the Government’s indication that the ruling issued by the Constitutional Court against Mr Julio Enrique de Jesús Salazar Pivaral is not yet enforceable, the Committee requests the Government to keep it informed with respect to the enforcement of the penalty imposed by the ruling of the Court of Criminal Judgment. The Committee deplores that the Government has not supplied the information requested in relation to the attempted murder of trade union official Ms Imelda López de Sandoval and urges the Government once again to inform it as a matter of urgency of all developments in the ongoing investigations and proceedings related to this matter.
   • (c) As regards the murder of Mr Julio Rolando Raquec, the Committee regrets that the investigations have not enabled the perpetrators to be identified and urges the Government to continue to take steps towards this end and to keep it informed of any developments in the investigation in question.
   • (d) As regards the necessary measures to safeguard the lives of the wife and children of the murdered trade unionist, Mr Julio Rolando Raquec, the Committee requests the Government to make all efforts to discover the whereabouts of Ms Lidia Merida Coy, the chief eyewitness to the murder of her partner Mr Julio Rolando Raquec. The Committee once again urges the Government to take steps to ensure her safety and that of her children.
   • (e) As regards the alleged dismissal of trade unionists in the municipality of Río Bravo (Clermont Estate), the Committee reiterates that justice delayed is justice denied, and urges the Government once again to inform it of the outcome of these proceedings, with the strong expectation that they will be concluded without further delay.
   • (f) The Committee notes that the Government has accepted technical assistance from the ILO and trusts that this will be implemented in the near future. The Committee firmly expects that the objective of this assistance will be to ensure promptly that trade union rights are exercised in a climate that is free from violence, coercion or threats, to eliminate impunity and to establish an adequate and efficient system of protection against acts of anti-union discrimination, which should include sufficiently deterrent penalties and prompt means of redress, beginning with the implementation without delay of the judicial reinstatement orders.
   • (g) As regards the remaining allegations, in view of the lack of observations from the Government, the Committee repeats its previous recommendations once again and urges the Government to send the requested information or take the requested action.
   • (h) The Committee calls the Governing Body’s attention to the extreme seriousness and urgent nature of this case.
2. 523. With regard to this last recommendation, the Committee recalls that it refers to issues that had remained outstanding at its March 2010 meeting, which are reproduced below [see 356th Report, para. 778]:
   • ...
   • (c) 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 once again deplores the murder of the trade union officials Rolando Raquec and Luis Quinteros Chinchilla, and the attempt against the life of the trade unionist Marcos Alvarez Tzoc and the trade union official Imelda López de Sandoval, and once again strongly expresses it expectation that the Government will inform it as a matter of urgency of developments in the inquiries and proceedings currently under way, and urges that the necessary measures be taken so that those responsible will be severely punished.
   • ...
   • (f) The Committee once again requests the Government to communicate the outcome of the inquiries carried out by the national police and the Prosecutor General for Human Rights into the allegation concerning the selective surveillance and theft of laptop equipment belonging to José E. Pinzón, Secretary-General of the CGTG.
   • ...
   • (h) With regard to the alleged dismissal of workers at the El Tesoro Estate (municipality of Samayac) for submitting lists of claims during negotiations on a collective agreement, despite a judicial reinstatement order, the Committee again requests the trade union to which these trade unionists belong to request the competent legal authority to implement the reinstatement order.
   • (i) The Committee notes with regret that the Government has not provided any information on the allegations relating to the absence of measures by the authorities to promote collective bargaining between the El Carmen Estate and the trade union. The Committee urges the Government to send the requested information without delay.
   • ...
   • (k) With regard to the alleged threats against the employees of the General Directorate of Civil Aviation who participated in a protest in front of the building against the constant abuse by the administration (according to the allegations, the General Directorate’s chief maintenance officer threatened that they would be reported and subsequently dismissed, if they were five minutes late back to work, and then took photographs of them) and with regard to the intimidation by security officers against the members outside the room where the union’s general assembly was to be held, the Committee regrets that the Government has not sent its observations and urges it to do so without delay.
   • (l) The Committee expects that the Government will continue to receive technical assistance from the ILO and that the object of this assistance will be to ensure promptly an adequate and efficient system of protection against acts of anti-union discrimination, which should include sufficiently dissuasive sanctions and prompt means of redress, beginning with the implementation, without delay, of the judicial reinstatement orders.
   • (m) The Committee urges the Government to take, without delay, all the measures in its power to ensure that the trade unionists of the municipality of Livingston who did not receive the wages and other benefits owed to them as ordered by the judicial authority, receive them immediately, and to inform it of developments with regard to the criminal proceedings initiated against the municipality.

B. The Government’s reply

1. 524. In a communication dated 13 September 2011, the Government reports on measures taken to ensure that the trade unionists of the municipality of Livingston receive immediately the wages and other benefits owed to them as ordered by the judicial authority. The Government states that, according to information from the Labour and Social Welfare Court of First Instance of Izábal Department, an agreement on payments was reached in June 2008 with the following workers, voluntarily or through a conciliation body: Mr Santiago Choc Caal, Mr Wilfredo Omar Torres Juárez, Mr Oscar Omar Suchite Mendoza, Mr Francisco Melbourne Fuentes Suppal, Ms Elsa Aracely Ramírez Salvador and Mr Carlos Enrique Pérez Fajardo.
2. 525. In a communication dated 27 September 2011, the Government provides information on the dismissal of trade unionists at the Clermont Estate. The Government indicates that, on 3 August 2006, a document was signed in which those involved state that they have reached an out-of-court collective agreement with their employers to resolve the labour dispute and that, on same date, the reinstatement order was honoured. The Government adds that the Labour and Social Welfare Judge of First Instance of Malacatan approved the agreement and ordered it to be archived.
3. 526. In a communication dated 28 September 2011, the Government provides information on the murder of worker Mr Luis Arturo Quinteros Chinchilla. The Government states that it requested information from the Criminal Court of First Instance for Drug-Related and Environmental Offences of Santa Rosa Department on the investigations carried out. On 14 September 2005, the Office of the Attorney-General submitted a report requesting the arrest of Mr José Varuc Valle Morales for the crime of murder and Mr Alejandro Moreno Gil for benefitting from the proceeds of a crime. Subsequently, on 19 and 21 September, the trade unionists appeared before the Court voluntarily for an initial hearing, at which it instead ordered them not to leave the country, to pay caution money and to present themselves in order to demonstrate that they had not absconded.
4. 527. The Office of the Attorney-General disagreed with both rulings and appealed against them on 21 and 26 September respectively. The Mixed Regional Chamber of the Appeal Court upheld the first ruling, against Mr Alejandro Moreno Gil, but not the second, because it ordered Mr José Varuc Valle Morales to be remanded in custody. As a result, Mr Valle Morales lodged an appeal for constitutional protection (amparo), which was denied by the Supreme Court of Justice, prompting the Office of the Attorney-General to bring charges and begin court proceedings against both trade unionists. The Criminal Court of First Instance ruled that Mr Valle Morales should stand trial and ordered a stay of proceedings against Mr Moreno Gil. The Criminal Sentencing Court for Drug-Related and Environmental Offences of Santa Rosa Department convicted Mr Valle Morales of voluntary manslaughter on 5 April 2010, handing down a commutable prison term of five years. Mr Valle Morales is currently serving his sentence.
5. 528. In a communication dated 3 October 2011, the Government states, with regard to the attempted murder, verbal abuse and persecution of Ms Imelda López de Sandoval, that the Office of the Attorney General received a complaint in respect of events that occurred on 1 December 2004. The complainant had been involved in a traffic accident, alleged to have been caused by members of another trade union group, by the name of Unión Sindical, formed at the General Directorate of Civil Aviation, and senior managers of the Directorate. On 25 February 2010, the criminal investigation unit of the Office of the Attorney General reported that Ms López de Sandoval was not cooperating with the prosecution services, refusing to be interviewed or provide witnesses or valuable information for use in the investigation. On 2 March 2010, the Eleventh Criminal Court of First Instance for Drug-Related and Environmental Offences ordered the complaint to be rejected and the proceedings to be archived.
6. 529. In a communication dated 4 October 2011, the Government provides information on the allegations relating to the absence of measures by the authorities to promote collective bargaining between the El Carmen Estate and the trade union. When information was sought from the Judge of First Instance for Labour, Social Welfare and the Family on the current situation with regard to the case for reinstatement brought by Mr Paulino Aguilar against Petra, SA, the Judge stated that he had requested the General Commercial Register to report whether the aforementioned enterprise appeared in its records as being registered and, if so, to provide the current address of its public headquarters, as those involved had given no new address at which they could be notified of any order and required to make payments, and the proceedings had therefore stalled.

C. The Committee’s conclusions

1. 530. The Committee regrets that, despite the time that has elapsed since its last examination of the case, the Government has not sent observations on all the allegations pending from its examination of the case at its March 2010 and March 2011 meetings. Emphasizing that some of the alleged events are extremely serious and occurred in 2004, the Committee expects the Government to send all the information requested in the very near future.
2. 531. With regard to the measures taken to ensure that the trade unionists of the municipality of Livingston receive immediately the wages and other benefits owed to them as ordered by the judicial authority (recommendation (m), 356th Report, para. 778, recommendation (g), above), the Committee takes note of the Government’s indication that an agreement on payments was reached with the workers in June 2008.
3. 532. With regard to the dismissal of trade unionists at the Clermont Estate (recommendation (e)), the Committee takes note of the Government’s indication that the parties have reached an out-of-court collective agreement to resolve the labour dispute and that the order to reinstate the workers has been honoured.
4. 533. With regard to the murder of worker Mr Luis Arturo Quinteros Chinchilla (recommendation (c), 356th Report, para. 778, recommendation (g), above), the Committee takes note of the Government’s indication that the Criminal Sentencing Court for Drug-Related and Environmental Offences of Santa Rosa Department convicted Mr Valle Morales of voluntary manslaughter on 5 April 2010, handing down a commutable prison term of five years, and that Mr Valle Morales is currently serving his sentence.
5. 534. With regard to the attempted murder, verbal abuse and persecution of Ms Imelda López de Sandoval (recommendation (b)), the Committee takes note of the Government’s indication that Ms López de Sandoval was not cooperating with the prosecution services, refusing to provide witnesses or valuable information for use in the investigation, and that, on 2 March 2010, the Eleventh Criminal Court of First Instance for Drug-Related and Environmental Offences ordered the complaint to be rejected and the proceedings to be archived.
6. 535. With regard to the allegations relating to the absence of measures by the authorities to promote collective bargaining between the El Carmen Estate and the trade union (recommendation (i), 356th Report, para. 778, recommendation (g), above), the Committee takes note of the Government’s indication that, when information was sought from the Judge of First Instance for Labour, Social Provision and the Family on the current situation with regard to the case for reinstatement brought by Mr Paulino Aguilar against Petra, SA, the Judge stated that he had requested the General Commercial Register to report whether the aforementioned enterprise appeared in its records as being registered and, if so, to provide the current address of its public headquarters, as those involved had given no new address at which they could be notified of any order or required to make payments, and the proceedings had therefore stalled. The Committee regrets that the Government has not supplied the information requested in its previous examination of the case. The Committee urges the Government to take the necessary steps to resolve the problem and to keep it informed of any measure taken to promote collective bargaining at the El Carmen Estate.
7. 536. Lastly, with regard to the remaining allegations, in view of the lack of observations from the Government, the Committee once again reiterates the following recommendations:
   • – As regards the allegation concerning death threats against members of the Trade Union Association of Itinerant Vendors of Antigua, including its general secretary, the Committee notes that the competent court was unable to initiate proceedings owing to the lack of information from the trade union. The Committee is bound to observe with regret that this situation results in impunity for those who issued the death threats and requests the Government to take steps to ensure that an independent investigation into these allegations is launched without delay and to keep it informed of its results.
   • – As regards the allegations concerning the attempted murder of trade unionist Marcos Álvarez Tzoc, noting the Government’s indication that the ruling issued by the Constitutional Court against Mr Julio Enrique de Jesús Salazar Pivaral is not yet enforceable, the Committee requests the Government to keep it informed with respect to the enforcement of the penalty imposed by the ruling of the Court of Criminal Judgment.
   • – As regards the murder of Mr Julio Rolando Raquec, the Committee regrets that the investigations have not enabled the perpetrators to be identified and urges the Government to continue to take steps towards this end and to keep it informed of any developments in the investigation in question.
   • – As regards the necessary measures to safeguard the lives of the wife and children of the murdered trade unionist, Mr Julio Rolando Raquec, the Committee requests the Government to make all efforts to discover the whereabouts of Ms Lidia Mérida Coy, the chief eyewitness to the murder of her partner Mr Julio Rolando Raquec. The Committee once again urges the Government to take steps to ensure her safety and that of her children.
   • – The Committee once again requests the Government to communicate the outcome of the inquiries carried out by the national police and the Prosecutor-General for Human Rights into the allegation concerning the selective surveillance and theft of laptop equipment belonging to Mr José E. Pinzón, Secretary-General of the CGTG.
   • – With regard to the alleged dismissal of workers at the El Tesoro Estate (municipality of Samayac) for submitting lists of claims during negotiations on a collective agreement, despite a judicial reinstatement order, the Committee again requests the trade union to which these trade unionists belong, to request the competent legal authority to implement the reinstatement order.
   • – With regard to the alleged threats against the employees of the General Directorate of Civil Aviation who participated in a protest in front of the building against the constant abuse by the administration (according to the allegations, the General Directorate’s chief maintenance officer threatened that they would be reported and subsequently dismissed, if they were five minutes late back to work, and then took photographs of them), and with regard to the intimidation by security officers against the members outside the room where the union’s general assembly was to be held, the Committee regrets that the Government has not sent its observations and urges it to do so without delay.