Informe provisional - Informe núm. 391, Octubre 2019

1. 270. The Committee last examined this case (submitted in October 2007) at its October 2018 meeting, when it submitted an interim report to the Governing Body [see 387th Report, approved by the Governing Body at its 334th Session (October 2018) paras 367 to 414].
2. 271. The Government sent its observations in communications dated 23 January, 4 May, 23 May, 23 July and 28 August 2019.
3. 272. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 273. At its October 2018 session, the Committee made the following recommendations [see 387th Report, para 414]:
   • (a) The Committee expresses once again its deep concern over the seriousness of this case, given the many instances of murder, attempted murder, assaults and death threats and the climate of impunity.
   • (b) The Committee again urges the Government to continue to take and intensify, as a matter of urgency, all the necessary measures to ensure that, in the planning and conducting of investigations, the possible anti-union motive for the murders of members of the trade union movement and the links that may exist between the murders of the members of the same trade union are fully and systematically taken into account, and to ensure that the investigations focus on both those who instigated and perpetrated the acts. Trusting in the contributions of the new subcommittee on implementation of the roadmap in this respect, the Committee requests the Government to keep it informed, without delay, of the measures taken and the results obtained in this respect, particularly in the cases mentioned in paragraph 29 above.
   • (c) The Committee requests the Government to keep it informed of the findings of the investigation into the murder of Mr Jorge Barrera Barco.
   • (d) The Committee requests the Government to keep it informed of the findings of the investigation into the murder of Mr Carlos Antonio Hernández Mendoza.
   • (e) The Committee requests the Government to keep it informed of the findings of the investigation into the murder of Mr Estrada Navas, duly taking into account the possible links between his trade union activity and the murder.
   • (f) Concerning Mr De la Cruz Aguilar, the Committee requests the complainant organization to provide additional information relating to his alleged murder to the Public Prosecutor’s Office.
   • (g) Underscoring the importance of ensuring that the joint investigations being conducted into the murder of three members of the Union of Commercial Workers of Coatepeque take into consideration the possible links between the murders and the union activities of the victims, the Committee requests the Government to keep it informed of the progress and findings of said investigations.
   • (h) The Committee requests the Government to keep it informed of the collection of the ballistics findings in relation to the murder of Mr Julian Capriel Marroquin.
   • (i) The Committee requests the Government to provide information on the reasons why the witness protection mechanism is not being used with regard to the criminal investigations being examined in the present case.
   • (j) The Committee urges the Government to ensure, in the implementation of General Directive No. 1/2015, that all necessary measures are taken with the greatest diligence to identify and bring to justice without delay those who perpetrated and instigated the murders of Mr Alejandro García Felipe, Mr Domingo Nach Hernández and Mr Juan Carlos Chavarría Cruz, and to ensure that the investigations take due account of possible links between the murders and the union activities of the three victims. The Committee requests the Government to keep it informed in this respect.
   • (k) Noting that three of the four most recently reported murders in the context of this case involved leaders and members of municipal trade unions, the Committee urges the Government to take specific steps to ensure full respect for freedom of association in municipalities and to prevent further acts of violence against members of municipal trade unions. The Committee requests the Government to keep it informed in this respect.
   • (l) The Committee urges the Government to promptly re-examine the mechanisms for ensuring the protection of members of the trade union movement who might be at risk, through the use of existing spaces for dialogue between the Ministry of the Interior and trade union organizations, and of the new subcommittee on implementation of the roadmap. The Committee requests the Government to keep it informed in this respect.
   • (m) The Committee once again urges the Government to take the necessary measures to ensure that the death threats reported to the Public Prosecutor’s Office in relation to various members of the Union of Organized Municipal Employees of Tiquisate (SEMOT) be examined with due promptness and that SEMOT members who have received threats are provided with the appropriate protection measures. The Committee requests the Government to keep it informed in this respect.
   • (n) The Committee urges the Government to take the necessary measures to ensure that the ongoing investigations to identify the criminal trend which affected the members of the Union of Commercial Workers of Coatepeque also take into account the aforementioned allegations of attempted killings and death threats. The Committee requests the Government to keep it informed in this respect.
   • (o) In general, the Committee particularly urges the Government, after consultation with the most representative social partners, to: (i) significantly increase the human and financial resources of the Special Investigation Unit; (ii) strengthen and perpetuate collaboration between the Special Investigation Unit and the Specialized Criminal Investigation Division (DEIC) of the Civil Police; (iii) ensure the full implementation of General Directive No. 1/2015 of the Public Prosecutor’s Office so that the possible anti-union motive for the murder of members of the trade union movement is fully and systematically taken into account in planning and conducting investigations; (iv) take full advantage of its collaboration with the International Commission against Impunity in Guatemala (CICIG)with respect to the investigations into the murders of members of the trade union movement; (v) give fresh impetus to the collaboration between the Public Prosecutor’s Office and the trade union movement; (vi) take the necessary measures to ensure that as many cases as possible of murders of members of the trade union movement are brought before courts for high-risk cases; and (vii) ensure the prompt adoption of all personal security measures necessary to ensure the protection of members of the trade union movement who may be at risk. Recalling that the Government may continue to seek technical assistance from the Office in this connection, the Committee requests the Government to keep it informed in this respect.
   • (p) The Committee again draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.

B. The Government’s replies

1. 274. In its communications dated 23 January, 4 May, 23 May, 23 July and 28 August 2019, the Government provides information on the institutional initiatives taken to investigate the reported acts of anti-union violence in the context of this case and to protect trade union members, as well as specific data on the progress of the investigations and the criminal proceedings concerning concrete cases of murder and death threats.
2. 275. The Government reports that on 18 December and 13 August 2019, the subcommittee on implementation of the road map of the National Tripartite Committee on Labour Relations and Freedom of Association met with the judiciary, the Public Prosecutor’s Office and the Ministry of the Interior to follow-up on the matters in this case. During the meeting of 13 August 2019, the Public Prosecutor’s Office reported that on 24 and 31 July, 2019, prison sentences were handed down to the perpetrators of the murders of Mr Tomás Francisco Ochoa Salazar (an official of the SITRABREMEN trade union organization) and Mr David Figueroa García (Chairman of the Executive Board of the Workers’ Union of San Carlos of Guatemala University, Petén) which occurred in September of 2017 and June of 2018, whereby, to date, a total of 20 convictions and four acquittals have been handed down in respect of 90 murders of members of the trade union movement registered since 2004. The Government states that one of the factors that contributed to a prompt sentence being passed in the two aforementioned cases was availability in the judiciary’s agenda.
3. 276. The Government indicates that the Special Investigation Unit for Crimes against Trade Unionists (hereinafter the Special Investigation Unit) of the Public Prosecutor’s Office has grown in recent years, that the budgetary allocation to the Public Prosecutor’s Office has increased fivefold, and that there were plans to have an additional investigator and assistant prosecutor in the Special Investigation Unit. The Government also states that the meeting held on 13 August 2019 addressed the full implementation of General Directive No. 1/2015 of the Public Prosecutor’s Office so that the possible anti-union motive for the murders of members of the trade union movement would be fully and systematically taken into account in planning and conducting investigations. The Government reports that necessary steps are being taken in the cases to determine the victims’ union background, and thereby establish whether there was a link between their union activity and the specific causes which gave rise to the crime under investigation. The Government further points out that the subcommittee on implementation of the road map will be responsible for reactivating the trade union committees of the Public Prosecutor’s Office and the Ministry of the Interior.
4. 277. The Government also notes that, in coordination with the National Civil Police in charge of investigations, the DEIC and the Criminal Investigation Directorate of the Public Prosecutor’s Office were requested to carry out investigations into various cases in order to set-up an inquiry into the crime, the circumstances in which it may have been committed and the involvement of the perpetrators and instigators. Upon learning of the crimes, investigators coordinate with the assistant prosecutor in charge of the case.
5. 278. Moreover, the Government highlights that, owing to the collaboration between the Public Prosecutor’s Office and the CICIG, significant findings had been obtained in the investigations into murders of members of the trade union movement. Out of the 12 cases selected by trade organizations in the trade union technical committee, the proceedings in four cases already have an outcome (two convictions and two terminations of the criminal prosecution proceedings, due to the death of the person who committed the crime), and the eight other cases are under investigation.
6. 279. The Government indicates that five cases of murders of trade union movement members are being heard by courts for high-risk cases: three in Izabal, one in Jalapa and one in Retalhuleu, and that the imminent risk identified stems from the criminal structures operating in the area. Arrest warrants were issued in three of the five cases.
7. 280. With regard to the mechanisms for ensuring the protection of members of the trade union movement who might be at risk, the Government indicates that 133 requests were received from the Public Prosecutor’s Office, the Ministry of Labour, the Human Rights Ombudsman and the Ministry of the Interior in 2018, and 14 were received in 2019. In 2017, 106 perimeter security measures and one personal security measure were implemented, and in 18 cases, no action was taken as the assessment revealed a low level of risk. In 2018, 129 perimeter security measures and two personal security measures were implemented, and in two cases no measures were taken. In 2019, of the total 14 requests received, 12 perimeter security measures and one personal security measure were implemented, and one was rejected. The Government further indicates that, during the discussions held in the subcommittee on implementation of the road map, a number of proposals were put forward to improve the coordination and granting of protection mechanisms, including: increasing direct contact between the Public Prosecutor’s Office and the Ministry of the Interior to enable immediate access to the complaints filed by the trade union leaders and labour rights activists, and unifying these complaints or assigning them a file number within the Special Investigation Unit; and identifying which security measure was granted by the Ministry of the Interior. The Government also refers to the operational launch of the 1543 emergency helpline which provides assistance to trade union members, journalists, activists, judicial officials, human rights advocates, and lesbian, gay, bisexual, transgender and queer persons. The Government indicates that it is possible to determine whether the emergency stems from an anti-union case and that there has already been a case in which the threat was suspected to have come from the victim’s union involvement.
8. 281. The Government hereafter refers to the discussions regarding the operation of the Special Investigation Unit for the analysis of attacks against human rights advocates, which took place in the subcommittee on implementation of the road map. During said discussion, the Ministry of the Interior noted that the above-mentioned Special Investigation Unit had ceased operations in October 2018 because certain organizations sought to have specific cases examined in this forum, which fell under the jurisdiction of the Public Prosecutor’s Office. Together with the Presidential Coordinating Commission for Executive Policy in the Field of Human Rights (COPREDEH), the Ministry of the Interior is taking the necessary steps to reactivate the Special Investigation Unit in line with the purpose for which it was created.
9. 282. Furthermore, the Government indicates that persons who cooperate with criminal investigations are entitled to use the witness protection mechanism of the Office for the Protection of Witnesses within the Public Prosecutor’s Office. In order to activate said mechanism, the need, importance and urgency are assessed in relation to the probative value of the person’s testimony. The Government states that, even though this protection mechanism could be applied to cases before the Special Investigation Unit, to date, no one has provided verifiable information that might help to shed light on the crimes, without which their admission process cannot begin, nor has any person given their consent or commitment to begin the admission process into the protection programme.
10. 283. The Government also states that, in order to prevent crimes against unionized workers in the country’s municipalities who may be at risk as a result of their trade union activities, the following protection measures are provided: (i) as of 17 March 2017, perimeter security measures are afforded to members of the Municipal Workers’ Union of the Municipality of Villa Canales; this security is provided by performing continuous patrols in residences and trade union workplaces, with a view to avoiding attempts on the lives of these individuals; (ii) as of 11 August 2018, perimeter security is afforded to members of the Trade Union of Workers of the Municipality of Melchor de Meneos, Petén; this security is provided by the police unit of the area, which carries out continuous patrols, in order to protect members from any regrettable events that may arise; (iii) as of 7 June 2018, security measures are afforded to members of the Union of Workers of the Municipality of Jalapa consisting of constant patrols in order to provide security through the police unit; and (iv) as of 16 December 2016 perimeter security measures are afforded to SEMOT members; this service is provided by the responsible police units on a rotating and periodic basis.
11. 284. The Government provides the following specific information on the progress of the investigations and the criminal proceedings concerning concrete cases of murder and death threats: (i) with regard to the murder, on 10 August 2010, of Mr Bruno Ernesto Figueroa, an official of a subsidiary of the National Union of Health Workers of Guatemala (SNTSG), the Government states that one person was charged with concealment and unlawful association; eight persons were prosecuted for murder and attempted murder, and the evidentiary hearing was scheduled for 27 February 2019; (ii) concerning the murder, on 2 March 2008, of Mr Miguel Ángel Ramírez Enríquez, co-founder of the Southern Banana Workers’ Union (SITRABANSUR), the Government states that it arrested one of the perpetrators of the murder and that the hearing was scheduled for 5 February 2019; (iii) regarding the murder, in 2016, of Ms Brenda Marleni Estrada Tambito, Legal Adviser to UNSITRAGUA, the Government indicates that the investigation into her murder was passed onto to the Special Prosecutor for Offences Against Life and that the case would be heard in a specialized court for cases of femicide, in which her former partner would be tried; (iv) with regard to the murder, on 6 May 2008, of Mr Marvin Leonel Arévalo, board member of the Heavy Goods Transport Workers’ Union, the person charged with culpable homicide had been arrested and the hearing was scheduled for February 2019; (v) the investigation into the murder, on 9 November 2016, of Mr Eliseo Villatoro Cardona, member of the Executive Committee of SEMOT in the department of Escuintla, is under way and the case is being handled by the Special Investigation Unit; (vi) the case regarding the murder, on 1 June 2012, of Mr Manuel de Jesús Ramírez, Secretary General of the Union of Technical and Administrative Support Workers of the Criminal Public Defence Institute, was referred to a court for high-risk cases since the criminal offence of homicide was modified to the criminal offence of murder; as of 23 April 2019 the person accused of the murder is being held in preventive detention as the perpetrator; (vii) with regard to the murder, in 2013, of Mr Jorge Barrera Barco, member of the CUSG, it was concluded in the proceedings that it was impossible to identify the perpetrators of the crime, whereupon the case was archived; (viii) regarding the murder, in 2013, of Mr Carlos Antonio Hernández Mendoza, member of the Executive Board of the SNTSG, the Government reports that although statements were made by persons who were alleged witnesses, the trial was dismissed after it had been revealed that these persons had not told the truth, whereupon the investigation is being reviewed in order to identify the other persons involved in the crime; (ix) the investigation into the murder, in March 2014, of Mr José Estrada Navas, member of the CUSG, is still ongoing; (x) with regard to the murder, on 14 May 2014, of Mr De la Cruz Aguilar, member of the CUSG, the Public Prosecutor’s Office has summoned trade union representatives to participate in a trade union technical committee with the Public Prosecutor’s Office, including representatives from the CUSG, and to provide the investigators with additional information regarding the alleged murder, since the Public Prosecutor’s Office has reiterated that Mr De La Cruz Aguilar appeared only as a witness in another case in the Office’s computer system for monitoring investigations; (xi) with regard to the murders of Mr Luis Haroldo García Ávila, Mr Amado Corazón Monzón and Mr Armando Donaldo Sánchez Betancourt, members of the Union of Commercial Workers of Coatepeque, it has been noted that although proceedings in connection with the investigations continue, the investigations conducted have thus far failed to identify those responsible; (xii) with respect to the crime trend which affected the members of the Union of Commercial Workers of Coatepeque, there has been constant communication with the trade union members and the subcommittee on implementation of the road map will make a request to the Public Prosecutor’s Office, that the Criminal Analysis Unit of the Human Rights Prosecutor’s Office (in which the Special Investigation Unit operates), include the analysis of said crime trend in its agenda; (xiii) regarding the murder, on 16 July 2009, of Mr Julián Capriel Marroquín, Deputy Secretary General of the Union of Traders of the Public Square of Jocotán, the investigation is ongoing and ballistics evidence are being used to try to clarify who owns the weapon with which he was killed; (xiv) with regard to the murder, on 29 April 2018, of Mr Alejandro García Felipe, General Secretary of the Santa Rosa Department local branch of the SNTSG; the murder, between 15 and 20 June 2018, of Mr Domingo Nach Hernández General Secretary of the Workers’ Union of the Municipality of Villa Canales; and the murder, on 21 June 2018, of Mr Juan Carlos Chavarría Cruz, General Secretary of the Trade Union of Workers of the Municipality of Melchor de Mencos, Petén, the Government reports that although the investigations are still ongoing, it has not been possible to identify the perpetrators of the murders. With regard to Mr Juan Carlos Chavarría Cruz, it had been established that the victim was the General Secretary of his Union, and that witness statements were received from the current General Secretary of the Union and the 16 members of the Executive Board with respect to the events which occurred and the victim’s union activity; and (xv) in relation to the attempted murder, in September 2016, of Mr José Alejandro Chinchilla, General Secretary of the Union of the Municipality of Petapa, the Government indicates that although the Public Prosecutor’s Office brought charges against two individuals, the defence argued that the Public Prosecutor’s Office could not substantiate the attacks with conclusive evidence, and consequently the case was dismissed, whereupon the Public Prosecutor’s Office lodged an appeal which was denied and recently a cassation appeal was filed.

C. The Committee’s conclusions

1. 285. The Committee recalls that, in the present case, the complainant organizations report numerous murders and acts of violence against trade union leaders and members, as well as impunity in that regard.
2. 286. The Committee also recalls that the situation of anti-union violence examined in the present case was part of the allegations of the complaint filed in 2012 against Guatemala under article 26 of the ILO Constitution concerning the alleged breach of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee observes that since its last consideration of the case, the ILO Governing Body decided at its November 2018 session to: (i) declare closed the procedure initiated under article 26 of the ILO Constitution concerning the above-mentioned complaint; (ii) firmly call on the Government, together with Guatemala's social partners, and with the technical assistance of the Office, to continue to devote all necessary efforts and resources to achieve a sustained and comprehensive implementation of the road map adopted in October 2013 as part of the follow-up to the above-mentioned complaint; and (iii) establish that the Government of Guatemala shall report to the Governing Body, at its October-November 2019 and October-November 2020 meetings, on the additional measures taken to implement the Road Map.
3. 287. The Committee takes note of the Government’s observations sent in communications dated 23 January, 4 May, 23 May, 23 July and 28 August 2019. The Committee once again deeply regrets the number of murders of members of the trade union movement since 2004 that, according to the data provided by the Government in October 2018 in the context of the follow-up by the Governing Body to the aforementioned complaint under article 26 of the ILO Constitution, has risen to 90 (the most recent murder reported by the Government and the trade unions being that of Mr David Figueroa García, Chairman of the Executive Board of the Workers’ Union of San Carlos of Guatemala University, Petén, which occurred in July 2018). The Committee also notes with deep concern the numerous acts of violence reported in the complaint. The Committee once again draws the Government’s attention to the fact that union rights can only be exercised in a climate free from violence, pressure and threats of any kind against trade union members, and that it is for governments to ensure that this principle is respected [see Compilation of decisions and principles of the Freedom of Association Committee, sixth edition, 2018, para. 84].

Allegations of murder of members of the trade union movement and other acts of anti-union violence

1. 288. The Committee takes note that according to the information provided by the Government, of the total 90 cases involving the deaths of trade union officials and members registered since 2004, 20 convictions were handed down in relation to 18 cases (two cases involving two rulings each) and four acquittals were issued. The Committee notes in particular that, since it last examined the case, prison sentences have been handed down in July 2019 to the perpetrators of the murders of Mr Tomás Francisco Ochoa Salazar, (leader of the SITRABREMEN trade union organization, murdered in 2017) and Mr David Figueroa García (Chairman of the Executive Board of the Workers’ Union of San Carlos of Guatemala University, Petén, murdered in July 2018).
2. 289. The Committee also takes note that the Government mentions several institutional efforts aimed at increasing the effectiveness of investigations and criminal proceedings concerning murders of trade union officials and members, such as: (i) meetings held in December 2018 and August 2019 by the subcommittee on implementation of the road map (a tripartite body established in 2018 to ensure the implementation of the commitments made by the Government in 2013 following the complaint concerning non-observance by Guatemala of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), made by delegates to the 101st Session (2012) of the International Labour Conference under article 26 of the ILO Constitution), with the judiciary, the Public Prosecutor’s Office and the Ministry of the Interior; (ii) plans to strengthen the Public Prosecutor’s Special Investigation Unit with an additional investigator and assistant prosecutor; (iii) full implementation of the General Directive No. 1-2015 to ensure that the possible anti-union motive for the murders of members of the trade union movement are fully and systematically taken into account, as shown by the measures taken in investigations into recent murders; (iv) continued cooperation and joint investigations between the DEIC and the Public Prosecutor’s Office; (v) collaboration in recent years with the CICIF regarding 12 murders of members of the trade union movement; (vi) the examination of five murder cases concerning trade union movement members by courts for high-risk cases and the availability of the judiciary to promptly examine two recent murder cases; and (vii) plans to reactivate trade union committees of the Public Prosecutor’s Office and the Ministry of the Interior with a view to facilitate dialogue between the trade union movement and said institutions on the prevention and investigation of acts of anti-union violence.
3. 290. The Committee also takes note of the information provided by the Government with respect to the progress of the investigations and criminal proceedings concerning specific murder cases of members of the trade union movement. In addition to the aforementioned convictions handed down in July 2019 concerning two recent murder cases, the Committee also takes note of the progress reported in January 2019 with respect to five other cases: (i) the prosecution of eight persons for murder and attempted murder in the case of the killing, in 2010, of Mr Bruno Ernesto Figueroa, an official of a subsidiary of the SNTSG; (ii) the arrest of one of the perpetrators of the murder, in 2008, of Mr Miguel Ángel Ramírez Enríquez co-founder of SITRABANSUR; (iii) the preparation for trial, before a court for cases of femicide, of the partner of Ms Brenda Marleni Estrada Tambito, Legal Adviser to UNSITRAGUA, who was murdered in 2016; (iv) the arrest of the person charged with culpable homicide of Mr Marvin Leonel Arévalo, board member of the Heavy Goods Transport Workers’ Union, who was killed in 2018; and (v) the pre-trial detention, since April 2019, of the accused perpetrator of the murder of Mr Manuel de Jesús Ramírez, Secretary General of the Union of Technical and Administrative Support Workers of the Criminal Public Defence Institute. The Committee observes that with respect to four out of five cases, the Government has stated that the next steps of the proceedings would take place in February 2019, however, at present, no additional information has been received on the outcomes of these proceedings.
4. 291. The Committee also takes note that, following the request in its most recent report for specific information concerning the ongoing investigations regarding other murder cases, the detailed information provided by the Government does not report any specific progress (concerning the murder, in 2016, of Mr Eliseo Villatoro Cardona, Leader of SEMOT; the murder, in 2013, of Mr Carlos Antonio Hernández Mendoza, of the SNTSG; the murder, in 2014, of Mr José Estrada Navas, member of the CUSG; the murders of Mr Luis Haroldo García Ávila, Mr Amado Corazón Monzón and Mr Armando Donaldo Sánchez Betancourt, members of the Union of Commercial Workers of Coatepeque; the murder, in 2009, of Mr Julián Capriel Marroquín, Deputy Secretary General of the Union of Traders of the Public Square of Jocotán; the murders, in 2018, of Mr Alejandro García Felipe, General Secretary of a branch of the SNTSG, of Mr Domingo Nach Hernández and Mr Juan Carlos Chavarría Cruz, general secretaries of municipal workers’ unions; and the attempted murder, in 2016, of Mr José Alejandro Chinchilla) nor did it indicate the closure of the investigations for having failed to identify the perpetrators (with respect to the murder, in 2013, of Mr Jorge Barrera Barco, member of the CUSG).
5. 292. The Committee takes due note of the range of information transmitted by the Government and appreciates the level of detail of the data provided on the status of the ongoing murder investigations. The Committee takes due note of the institutional initiatives reported and welcomes in particular the substantial tripartite and inter-institutional discussions held within the subcommittee on implementation of the road map. The Committee highlights the essential role that the subcommittee can play in conducting, through a tripartite approach, regular monitoring of the actions taken on anti-union violence and impunity, and to foster synergies between the various competent government institutions. In this regard, the Committee trusts that the subcommittee will achieve its objective of revitalizing the trade union committees of the Public Prosecutor’s Office and the Ministry of the Interior. The Committee underlines that the inter-institutional efforts to improve efficiency in the investigations of acts of anti-union violence are particularly relevant given that the Government authorities are no longer supported by the CICIG, whose activities ceased on 3 September 2019.
6. 293. Furthermore, the Committee welcomes the convictions handed down in July 2019 regarding two recent murders, as well as the Government’s indication that the General Directive No. 1/2015 of the Public Prosecutor’s Office is being applied more systematically, particularly with respect to recent murders. While also taking due note of the progress reported in respect of five other homicides, the Committee underlines that some of them occurred more than ten years ago, which is why it is of the utmost importance that all necessary measures be taken to speed up the resolution of such cases.
7. 294. The Committee has to further consider that, since it last examined the case in October 2018, the overall findings obtained in the investigation and the clarification of acts of anti-union violence show no significant change and that most of the issues that caused its deep concern at that time remain, particularly in relation to the fact that: (i) the number of murders that have led to convictions remains very low (18 out of 90 as well as one compulsory committal to a psychiatric hospital) despite the time that has elapsed since the events; (ii) the even smaller number of convictions (two) against those who instigated the crimes; and (iii) the very high number of cases being investigated, which, based on the description provided by the Government, show no immediate prospects of identifying those who instigated or perpetrated the crimes. In that connection, the Committee recalls once again that the absence of judgments against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights. [See Digest, op. cit., para. 52]
8. 295. Additionally, in its three prior examinations of the case, the committee had observed with particular concern the lack of progress made in investigating the murders for which evidence of possible anti-union motives had been found (whether because numerous members of the same union had been killed, the CICIG or the Public Prosecutor’s Office itself had already specifically identified a possible anti-union motive, or the victims were members of trade unions which, to the Committee’s knowledge, were being targeted by anti-union attacks at the time of the events). In that connection, the Committee had referred to 20 victims who were members of the Union of Izabal Banana Workers (SITRABI); the Union of Workers of the Municipality of Coatepeque; the Union of Commercial Workers of Coatepeque; the Union of Minibus Drivers of the Camposanto Magnolia District; the SNTSG; the Union of Municipal Workers of Malacatán, San Marcos; the Union of Technical and Administrative Support Workers of the Criminal Public Defence Institute; and the Union of Migration Clerks [see 387th Report, para. 399, 382nd Report, para. 339 and 378th Report, para. 310]. In that respect, the Committee takes due note of the above-mentioned progress in investigations reported by the Government concerning the murder of Mr Bruno Ernesto Figueroa, of the SNTSG and the murder of Mr Miguel Ángel Ramírez Enríquez, of the Union of Technical and Administrative Support Workers of the Criminal Public Defence Institute. Nevertheless, the Committee regrets the fact that: (i) to date, of the 20 murders mentioned above, and despite the number of years that have passed since they were committed, only two convictions have been handed down; (ii) with the exception of the murders of Mr Bruno Ernesto Figueroa and Mr Miguel Ángel Ramírez Enríquez, the Government provides no specific information concerning the progress made in the investigations or the initiatives undertaken with respect to the other cases; (iii) with the exception of the Union of Commercial Workers of Coatepeque, the Committee still has no evidence of links being made between the investigations into the murders of several members of the same trade union; and (iv) despite its previous requests, the Committee still has no indication that the ongoing investigations are being reframed to take fully into account the victims’ union activities.
9. 296. In light of the foregoing, duly noting the continuing efforts of the Government, the findings reported and the difficulty involved in shedding light on the oldest cases of murder being examined in the present case, and also maintaining its deep concern with respect to the high level of impunity that prevails in relation to the allegations of numerous murders and acts of anti-union violence in the context of this complaint, the Committee again urges the Government, with the active participation and monitoring by the subcommittee on implementation of the road map, to continue to take and intensify, as a matter of urgency, all necessary measures to ensure efficiency in the investigations of all acts of violence against trade union leaders and members, with a view to identifying those responsible and punishing the perpetrators and instigators of such acts, taking the trade union activities of the victims fully into consideration in the investigations. In that connection, the Committee specifically urges the Government to: (i) maintain and strengthen the role of the subcommittee on implementation of the road map; (ii) facilitate, with the support of the subcommittee, the reactivation of the trade union committees in the Public Prosecutor’s Office and the Ministry of the Interior; (iii) significantly increase the human and financial resources of its Special Investigation Unit; (iv)maintain and continue to strengthen the collaboration between the Special Investigation Unit and the DEIC of the Civil Police; (v) take the necessary measures to ensure the competent authorities dedicate the attention and resources required for the investigations of the murders indicated in paragraph 295 of this report; and (vi) continue to strengthen dialogue with the judiciary to ensure, through the courts for high-risk cases or other appropriate mechanisms, that cases of anti-union violence are promptly examined by criminal courts. The Committee requests the Government to keep it informed in this respect.

Protection for members of the trade union movement who may be at risk

1. 297. In its previous examination of the case, taking note of the requests by the trade union movement to reassess the mechanisms for granting security measures, considering the concern over the upsurge in reported murders of members of the trade union movement between April and July 2018, and noting that the security measures granted were almost entirely to ensure perimeter protection and not personal protection, the Committee had urged the Government to re-examine, as soon as possible, the mechanisms for ensuring the protection of members of the trade union movement who may be at risk.
2. 298. In that connection, the Committee takes notes that, according to the Government, the improvement of mechanisms for ensuring the protection of members of the trade union movement who may be at risk has given rise to substantial discussions in the subcommittee on implementation of the road map, particularly in relation to the possibilities of ensuring greater and more direct coordination between the Public Prosecutor’s Office and the Interior Ministry in that regard. The Committee also takes note that, before said subcommittee, the Ministry of the Interior indicated that it was taking the necessary steps to reactivate the Special Investigation Unit for the analysis of attacks against human rights advocates, inoperative since 2018. The Committee also took note of the information on continuing operations of the 1543 emergency helpline and on the accessibility of protection for witnesses in cases of anti-union violence.
3. 299. In addition, the Committee takes note of the general data provided by the Government in July 2019 on the protection measures afforded to members of the trade union movement who may be at risk, according to which: (i) in 2018, out of the 133 requests for protection measures received, 129 perimeter protection measures and two personal security measures were granted, and in two cases no measures were taken; and (ii) so far in 2019, out of the 14 protection measures requested, 12 perimeter security measures and one personal security measure were granted, and one request was rejected.
4. 300. The Committee takes due note of this information. The Committee’s attention is drawn to the sharp decline in the requests for protection measures registered from January to August 2019, compared to 2017 and 2018; the persistence of a very low percentage of personal security measures granted, as well as the suspension of operations of the Special Investigation Unit for the analysis of attacks against human rights advocates of the Ministry of Interior since October 2018. Recalling that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade union members, and that it is for governments to ensure that this principle is respected [see Digest, op. cit., para. 84], the Committee urges the Government, with the active participation and monitoring by the subcommittee of the implementation of the road map, to take the necessary steps to: (i) resume and strengthen the trade union committees and the Special Investigation Unit for the analysis of attacks against human rights advocates of the Ministry of the Interior; (ii) improve coordination between the Public Prosecutor’s Office and the Ministry of the Interior in the granting and handling of security measures for member of the trade union movement; and (iii) provide the necessary funds to ensure that all security measures required, including personal measures, are granted as soon as possible to members of the trade union movement who may be at risk. The Committee requests that the Government be kept informed in this respect.
5. 301. In its previous examination of the case, having established that three of the four most recently reported murders in the context of this case involved leaders and members of the municipal trade unions, the Committee had urged the Government to take specific steps to ensure full respect for freedom of association in municipalities and to prevent further acts of violence against members of municipal trade unions. Furthermore, the Committee had also specifically urged the Government to immediately provide the appropriate protection measures to members of SEMOT who have received threats. The Committee takes note that, according to the Government, perimeter security measures are currently being provided to members from four municipal trade unions, including SEMOT. Taking note of the municipal elections taking place throughout the country on 16 June 2019, and that in the past, the establishment of new municipal authorities has, in some municipalities, been accompanied by acts of violence against local municipal trade unions, the Committee requests the Government to maintain full vigilance and take all the necessary measures, including through the provision of personal protection measures, to prevent and stop homicides and all acts of violence against municipal trade unions.