Rapport intérimaire - Rapport No. 272, Juin 1990

1. 527. The International Confederation of Free Trade Unions (ICFTU) presented a complaint of violation of trade union rights against the Government of Guatemala in a communication dated 3 October 1989. At its February-March 1990 meeting, the Committee took note of the Government's communication dated 13 February 1990 requesting additional time in which to present its observations. The Government argued that the information it had collected was incomplete as the contents of the complaint lay outside the competence of the Ministry of Labour.
2. 528. None the less, in view of the time which has elapsed since the presentation of the complaint and the seriousness of the allegations in this case concerning the arrest and death of trade unionists, the Committee, at that same meeting of February-March 1990, drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it would present a report on the substance of the case at its next meeting even if the Government's information and observations had not been received in due time. It requested the Government to transmit its observations as a matter of urgency (see 270th Report of the Committee, approved by the Governing Body at its February-March 1990 Session, para. 15). Since then, the Government has sent comments and observations on some of the allegations pending in this complaint, in a communication dated 11 April 1990.
3. 529. 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. The complainant's allegations

1. 530. In its communication dated 3 October 1989, the ICFTU states that since the attempted coup d'état on 9 May 1989 there has been an increase in violence and repression against the trade union and student movements. Several trade union activists and leaders have been abducted, have disappeared, been tortured, and even executed by unidentified armed persons who appear to act with total impunity.
2. 531. It is in this context of violence, explains the ICFTU, that simultaneous strikes were held by workers in the post office, the Agricultural Processing Institute and in the national education system. The latter strike lasted 180 days. Strikers in different parts of the country were subjected to threats, arbitrary detention and physical assaults. The ICFTU refers in particular to the serious case of Maritza Hurtarta de Ruiz, a teacher, who sustained a fracture of the spine after being beaten on the premises of the Antigua-Guatemala prison.
3. 532. The ICFTU states further that there has been an increase in death threats against trade union officers of the Confederation of Trade Union Unity of Guatemala (CUSG), the Central Organisation of Workers of Guatemala (CTG), the National Federation of State Employees (FENASTEG) and the Trade Union Confederation of Workers of Guatemala (UNSITRAGUA). Some of these trade union officers have received telephone messages saying "You will be next ..." both on trade union premises and in their own homes. In addition, according to the ICFTU, trade union premises are under surveillance by unidentified persons observing them from vehicles with tinted windows. As a result of such actions, the disputes secretary of the Workers' Union of the University of San Carlos, Mr. Eulogio Mus Gomez, was compelled to go into exile with his family.
4. 533. The ICFTU cites the following violations of human rights and trade union rights in Guatemala:
   • - On 22 May 1989, the authorities of the Ministry of Labour had still not recognised the executive committee of the Workers' Union of the Guatemalan Institute of Communications (GUATEL) in the capital, although it had been elected over a month previously. It has still not been recognised.
   • - On 28 May 1989, the secretary of the Municipal Employees' Union of the department of Solola in Santiago-Atitlan, Ricardo Leonel Jerez Santiz, received a series of written death threats signed "ORPA". The threats began after a meeting held on 25 May 1989 with the participation of government authorities, national and rural police and persons involved in human rights questions, as well as military detachments and municipal authorities of Santiago-Atitlan, for the purpose of setting up civil self-defence patrols (PAC). The trade union secretary, Mr. Jerez, had questioned the military commander and had objected to such patrols being set up, since these groups had been used by the army to sow terror and insecurity among the population. There had also been evidence of their participation in murders and massacres in rural areas, subsequently attributed to encounters with guerrilla forces.
   • - On 2 July 1989, Mr. José Rolando Pantaleón, a member of the Workers' Union of the Central Bottling Enterprise (STECSA) (Coca-Cola) in the capital, was abducted, tortured and murdered. He was abducted at 10 a.m. as he left his home and at 4 p.m. the same day his body was found, disfigured by torture and riddled with five bullet holes.
   • - On 3 July 1989, élite troups of the security forces violently removed a delegation of 41 leaders of the teachers' strike movement who had peacefully occupied the third floor of the Government Palace in order to obtain the negotiation of their economic and social demands, in view of the Government's refusal to embark on a dialogue with the striking teachers. The acts of violence committed by the security forces left several trade unionists injured.
   • - On 10 July 1989, the Workers' Union of the Port of Quetzal in the department of Escuintla declared a strike. The enterprise had refused to embark on a dialogue with the workers in order to seek a settlement of the list of demands presented by the trade union. The Ministry of Labour, for its part, remained aloof from the dispute, without attempting to mediate and, moreover, refused to recognise the trade union.
   • - On 16 August 1989, the premises of the mutual support group (GAM) in the capital, which assists victims of repression and families of persons who have disappeared, was subjected to a terrorist attack in which two bombs exploded. In addition, armed men abducted Maria Romualdo Camey, a member of the group.
   • - On 18 August 1989, a strike was held in the Wood-processing and Textile Enterprise (TRADEMA) in the capital. The labour authorities refused to intervene to get the intransigent employer to embark on a dialogue with the workers in order to seek a settlement of the dispute.
   • - On 22 August 1989, the Guatemalan army admitted having caused the death of nine peasants in a counter-insurgency operation carried out in the department of Alta Verapaz. According to the army's version, the mass murder occurred by mistake as the peasants had been taken for guerrillas, while in fact they belonged to the self-defence patrols (PAC) operating in various parts of the country and especially in rural areas under the pressure and orders of the army.
   • - In the last week of August 1989, death threats were received by the executive secretary of the Co-ordination Committee of the International Union of Food and Allied Workers' Associations (IUF) (UITA-CONFUITAG), Rudolfo Robles. For this reason, and because he was to participate in the World Congress of the IUF, he left Guatemala a week earlier than planned.
   • - Also in the last week of August 1989, death threats were received by the general-secretary of the Workers' Union of the Central Bottling Enterprise (STECSA) (Coca-Cola), Lazaro Antonio Serrano.
   • - On 9 September 1989, Carlos Humberto Rivera, the leader of the teachers' strike, was detained in front of his home as he was washing his car. Several armed men arrived in a vehicle bearing the licence plate P-152245, strongly resembling those used by the army, and abducted the trade union leader, whose lifeless body was found the following day with three other bodies of student leaders bearing marks of torture.
   • - On 10 September 1989, Estánislao García y García, a member of the Independent Agricultural Union of line B-10 at La Máquina de Cuyentenango in the department of Suchitepeque, was reported missing after having taken part in a general assembly of the union. On 17 September, a mutilated, decapitated body was found at the place where he had disappeared, and there are signs that the body is that of the missing trade unionist; however, the state of decomposition of the body made it impossible to identify it.
   • - On 11 September 1989, a complaint was lodged against the dismissal of 14 workers belonging to the United Workers' Union of the port enterprise of Santo Tomás de Castilla (3,000 workers) of Puerto Barrios and Sabel, beginning on 8 October 1988, for having led collective bargaining. The persons dismissed include the members of the trade union executive: the general-secretary, Celio Alvarado González; the public relations secretary, Pedro Juárez Hernández; the deputy general-secretary, Conrado Solís González; the training and statistics secretary, Felipe Castellanos Rodríguez; and the culture and sports secretary, Edmundo Santos. The authorities have disregarded the situation entirely and have refrained from action to redress this offence and violation of trade union rights.
   • - On 27 September 1989, the general-secretary of the Workers' Union of the National Electricity Institute (STINDE), José León Segura de la Cruz, was murdered at about 5 a.m. in the department of Chiquimula, as he was leaving home to go to work. He was attacked by two unidentified persons who fired at him several times.
5. 534. The ICFTU points out that all of these cases directly involve the trade union movement, trade union members and officers, as well as bodies and officials acting in defence of human rights and trade union rights.
6. 535. However, it adds, the alarming increase in acts of repression in Guatemala affects various sectors of society, many of which are not linked to organisations. Such acts include death threats and acts of intimidation against political figures, journalists and members of the liberal professions, and abductions and murders of political leaders, employers, students and peasants.
7. 536. The ICFTU states in particular that the situation of the peasants is appalling. Whole families are murdered in their own homes, as happened for example on 13 and 14 September 1989, when two families of five and six respectively were killed by machine-gun fire in San Marcos and in the department of Escuintla. According to the ICFTU, the same happened to two peasants in the department of El Progreso. In addition, five agricultural workers were abducted in broad daylight in the village of Buena Vista, San Marcos. Attackers are usually heavily armed, masked and use vehicles with tinted glass windows.
8. 537. The ICFTU highlights the events in the department of Quetzaltenango, 35 km from the San Juan de Ostoncalco road, Guatepeque municipality, and 219 km from San Pablo road, San Marcos, where 12 bodies of agricultural workers were found, only ten of which could be identified. These are Amilcar Isabel Maldonado Quiché, Humberto Obispo Mejías Velasquez, Celso Ojpap Castañon, Gregorio Aguilar Bamaca, Gustavo Robles de León, Juan Bautista Ovalle López, Leonel Robles Chávez, Gregorio Angel Robles Barrios, Carlos Augusto Rodríguez, Ovidio Rodríguez de León. The ICFTU states that it is not yet known where these peasants come from, when they were abducted or disappeared, whether a complaint was lodged or whether they were members of trade unions or co-operatives.
9. 538. The ICFTU concludes that all of these violations must not go unpunished and that it considers that the Government of Guatemala must do everything within its power to elucidate the murders, disappearances and death threats, to identify the guilty parties and bring them to justice, and to guarantee the safety of workers and citizens in general. According to the ICFTU, the Government must urge the members of the armed forces to do their job of protecting the civilian population and refrain from subjecting the population to terror and coercion.

B. The Government's reply

1. 539. In its communication dated 4 April 1990, the Government supplies information on three of the cases pending in this complaint concerning the following enterprises: the Quetzal port enterprise, the TRADEMA textile enterprise and the Guatemalan Institute of Communications, "GUATEL".
2. 540. Firstly, the Government denies the complainant confederation's allegation that it failed to intervene in the labour dispute which arose between the trade union and the Quetzal port enterprise.
3. 541. In support of its statements, the Government encloses with its reply two letters, one from the employer and one from the General Labour Inspectorate, both sent to the Ministry of Labour and Social Welfare in reply to the allegations of the complainant confederation.
4. 542. The letter from the national port enterprise of Santo Tomás de Castilla addressed to the Ministry of Labour and Social Welfare and dated 5 December 1989 points out, in connection with this case: (1) that the United Workers' Union of the port enterprise does not legally exist within the enterprise, as it has not yet been recognised by the Ministry of Labour and Social Welfare; (2) that it is not true that the so-called "union" engaged in collective bargaining beginning on 8 October 1988, since on 7 October 1988 the workers in this enterprise held an illegal de facto strike; (3) that despite this the port enterprise had at no time dismissed 14 workers, as claimed by the complainant confederation, as it had been served with a writ by the labour and social welfare court of the department of Izabal in connection with Labour Dispute No. 52-87, and could not dismiss any worker without court authorisation. The enterprise states further that the workers Celio Alvarado González, Pedro Juárez Martínez, Conrado Solís González, Felipe Castellanos Rodríguez and Edmundo Santos were not dismissed, as evidenced by the attestations provided by the personnel department of the port enterprise. These attestations, enclosed with the reply, indicate that these workers have continued to be employed by the enterprise since 8 October and that they enjoy all of the economic benefits afforded by the enterprise to its employees.
5. 543. In a detailed letter dated 23 January 1990, addressed to the Ministry of Labour and Social Welfare in reply to the allegations of the complainant, the General Labour Inspectorate explains, as regards the labour dispute between the workers and the Quetzal port enterprise, that by Award No. 76/89, dated 26 August 1989, labour inspector Manuel Salvador España Pineta, to whom trade union leaders had complained of a violation of the collective agreement on working conditions in force, visited the enterprise several times. He met the two parties to the dispute. He noted that the workers were not working the shifts indicated, that they demanded the removal of two representatives of the enterprise, and that the enterprise was infringing several clauses of the collective labour agreement. On 18 July 1989, the workers and the employer requested the labour inspector to refrain from drawing up a record, as direct bargaining was under way, which the inspector did. On 24 July 1989, the trade union notified the labour authorities that the bargaining had led to a settlement. The workers' representatives then went to the Labour Inspectorate requesting it to suspend the examination of the case to avoid hindering bargaining. Thus, on 10 October 1989, the trade union leaders informed the labour authorities that the reported dispute had been settled as regards clauses 24, 25, 28, 29, 35, 36, 44, 46, 47, 71 and 72 of the collective agreement on working conditions, but that regarding clause 59 of the agreement, they had submitted it to the labour court for study and interpretation. The letter also states that by Award No. 1899, the General Labour Inspectorate of Central Area No. 1 intervened in the case of the dismissal of the worker Anselmo Orantes Santos, an employee of the Quetzal port enterprise, who worked in the central offices of the city of Guatemala. This worker had complained that the enterprise had compelled him to sign a blank document after it had been served with a writ by the court. The enterprise had attempted to prove to the labour authorities that the worker had renounced his rights on 27 September 1989, but the labour inspector stated that any termination of an employment relationship involving an enterprise which had been served with a writ by the court had to be authorised by the court examining the collective dispute in question, thus exhausting the administrative conciliation procedure. The letter states further that the General Labour Inspectorate of the Central Area, by Award No. 1037, also intervened regarding the authorisation of the by-laws of the workers' union of the port enterprise and that the case had been referred to the General Labour Directorate in accordance with the established procedure.
6. 544. As regards the latter case, the Government states that the General Labour Inspectorate informed it that it had at no time refused to recognise the legal status of this trade union. On the contrary, once the legal procedures had been completed, the case received a favourable decision by the legal adviser and had been submitted for government approval of its legal status.
7. 545. As regards the wood-processing enterprise TRADEMA, according to the Government, the General Labour Inspectorate informed it that it had received the complaints of the workers of this enterprise and that they had been verified. If the intervention of the Labour Inspectorate had not yielded the result hoped for by the persons concerned, this did not mean that it had not intervened at all, explains the Government. By Award No. 1905, the Labour Inspectorate ruled that the immunity of the trade union officers of the enterprise had been lifted since, according to the employer, the union officers had handed in their resignations. Moreover, by Award No. 2043, the Inspectorate stated that at the request of the public prosecutor for human rights it had instituted an investigation to determine whether reprisals had taken place against the members of the ad hoc committee, and that it had ascertained that these workers no longer worked in the enterprise. The Labour Inspectorate had seen the letters of resignation of the persons concerned.
8. 546. In a letter dated 23 January 1990, addressed to the Ministry of Labour, the General Labour Inspectorate states that labour inspector Katina Salguero Escobar, who was to notify the enterprise of the temporary immunity of the trade union officers according to resolution No. 7265 of the General Labour Inspectorate itself, stated in Award No. 1905 of 27 September 1989 that she had not been able to ascertain that the members of the union were actively working either before or after their election. She stated that on her visit to the enterprise on 2 October 1989 she had found that the officers of the executive committee and the consultative committee had handed in their resignations and that the employer refused to allow her to obtain further information or to enter the enterprise. The labour inspector could only post up a copy of the above-mentioned resolution on the door of the enterprise.
9. 547. As regards the refusal to "recognise the new executive committee of the Union of Workers of the Guatemalan Institute of Communications, GUATEL," the Government states further that the General Labour Directorate had reported that, according to the Workers' Protection Department, this union did not exist in its registers, which contained only the name of the "Union of Workers of the Guatemalan Communications Enterprise - STEGUATEL", the officers of which had been registered for a two-year term beginning on 7 June 1989.
10. 548. The Government concludes that all of the institutions involved in the complaint will continue to supply any information to the ILO in reply to the complaints in question.
11. 549. As regards the other allegations, the Government states further that on 7 December 1989 and 12 February 1990 it had asked the Ministry of the Interior for the information requested by the ILO in these cases, as these acts of violence, which elicited the Ministry of Labour's firm disapproval and condemnation, lay outside its competence. These acts, explains the Government, fall within the domain of public law and order, which is within the competence of the Ministry of the Interior. Unfortunately, according to the Government, no information had been received at the time the reply was sent.
12. 550. In addition, the Government communicates information concerning two other trade union organisations referred to by the complainant confederation. As regards the Workers' Union of the University of San Carlos (STUSCC), the Government confirms that this active member of the Trade Union Confederation of Workers of Guatemala (UNSITRAGUA) stated that disputes secretary Eulogio Muz Gomez had received threats and had had to seek refuge in the premises of the mutual support group (GAM), then housed in the Red Cross premises, and ultimately go into exile. The Government states further that the Central Organisation of Workers of Guatemala (CTG) replied that it had in fact been subjected to acts of intimidation and threats by the employer's side and that it had brought this situation to the attention of the competent authorities. The Government states finally that it has not yet received any replies from the other trade union organisations it approached.
13. 551. According to the Government, the Ministry of Labour condemns all acts of intimidation provoked by extremist quarters with the aim of fomenting instability against the lawful Government.

C. The Committee's conclusions

1. 552. The Committee observes that this case concerns allegations of death threats, abductions, forced disappearance, torture and violent deaths of trade unionists. It also concerns allegations of acts of repression on the part of the authorities against strike movements. Lastly, it involves allegations of the Government's refusal to recognise trade union executives or to take steps to protect trade unionists against acts of anti-union discrimination by employers.
2. 553. Concerning the allegations of abductions, forced disappearance, torture and violent deaths of trade unionists, the Committee notes with deep concern that the Government has not sent any information or observations.
3. 554. The Committee draws the Government's attention to the fact that a climate of violence such as that surrounding the murder or disappearance of trade union leaders constitutes a serious obstacle to the exercise of trade union rights and that such acts require severe measures to be taken by the authorities. Therefore, in view of the seriousness of the complainant's allegations, the Committee urges the Government to set up an independent judicial inquiry in order to fully ascertain the facts, determine responsibilities, punish those responsible and especially to prevent the repetition of such actions. It also urges the Government to keep it informed of the results of such inquiries, in particular concerning the murder of José Rolando Pantaléon, a trade unionist of the STECSA (Coca-Cola) enterprise, on 2 July 1989; the murder of nine peasants in Alta Verapaz, on 22 August 1989; the murder of Carlos Humberto Rivera, a teacher trade unionist, on 9 September 1989; the murder of Estánislao García y García, a member of the independent agricultural union, on 17 September 1989; the murder of José Leon Segura de la Cruz, an officer of the electrical workers' union, on 27 September 1989; and the death of peasants in San Marcos and the department of El Progreso on 13 and 14 September 1989, and of peasants in the department of Quetzaltenango.
4. 555. As regards the allegations of ill-treatment and punitive measures inflicted on workers for having participated in strikes, the Committee also notes that the Government has not supplied information on these allegations. It recalls, none the less, that trade unionists, like other persons, should enjoy the guarantees afforded by due process of law in accordance with the principles enunciated in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights. It therefore requests the Government to state whether an inquiry has been instituted into the case of the teacher Maritza Hurtarta de Ruiz, alleged to have sustained a fracture of the spine after being beaten in prison premises, and of the injuries allegedly inflicted on some 40 striking teachers by the security forces on 3 July 1989.
5. 556. As regards the numerous allegations of death threats received by several trade union officers, the Committee notes that according to the Government itself, disputes secretary Eulogio Mus Gomez was threatened with death and compelled to take refuge in the premises of the mutual support group (GAM), then compelled to go into exile, while the Central Organisation of Workers of Guatemala stated that it too had received threats.
6. 557. Given the climate of fear and insecurity created by these death threats, the Committee considers that the Government should take immediate measures to ensure that the physical integrity of trade union members and officers is protected. It requests the Government to set up an inquiry into all of the complaints presented by trade unionists in order to ascertain the facts, punish those responsible and prevent a repetition of such actions.
7. 558. Moreover, as regards the allegation that the Ministry of Labour remained aloof from labour disputes and failed to take action, the Committee notes from the appendix enclosed by the Government with its reply that the General Labour Inspectorate acknowledges, regarding the dispute in the wood-processing enterprise TRADEMA in the capital, that when a labour inspector went to the enterprise on 20 October 1989 to notify it of the temporary immunity of the trade union officers who had just been elected, the employer refused her access to the enterprise. She was only informed that the officers in question had been dismissed. The inspector was unable to collect further information and could only post up a copy of the resolution notifying the enterprise of the provisional immunity of the trade union officers concerned on the door of the enterprise.
8. 559. In this respect, the Committee recalls that by ratifying Convention No. 98 the Government committed itself to ensuring that workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment. Furthermore, the Committee considers that the Government should take the necessary measures to enable labour inspectors to enter freely and without previous notice any workplace liable to inspection, and to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions - including those relating to anti-union discrimination - are being strictly observed, as prescribed by Article 12 of the Labour Inspection Convention, 1947 (No. 81), ratified by Guatemala. The Committee therefore trusts that the Government will give firm instructions to enable the Labour Inspectorate to perform its function fully and to guarantee workers' protection against anti-union discrimination.
9. 560. As regards the other allegations pending, the Committee notes the information communicated by the Government to the effect that measures have been taken to grant legal personality to the trade union of the Quetzal port enterprise, and that the 14 workers employed in the port enterprise of Santo Tomás de Castilla alleged by the complainant to have been dismissed for leading collective bargaining have not lost their jobs and are enjoying all of the economic benefits afforded by the enterprise to its employees.