Rapport définitif - Rapport No. 308, Novembre 1997

1. 395. The complaints are contained in a communication from the General Confederation of Workers of Guatemala (CGTG) dated 21 June 1996. The Government replied in a communication dated 12 September 1997.
2. 396. 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. 397. In its communication dated 21 June 1996, the General Confederation of Workers of Guatemala (CGTG) alleges that the proprietor of the Nueva California estate (Municipality of Pochuta, Department of Chimaltenango) contracted the services of Mr. José Luis Galindo Benavente, known for making death threats against unionized workers, with the intention of destroying the union on the estate.
2. 398. The complainant adds that on 31 May 1996 Mr. Galindo Benavente used his firearm (rifle) against the workers, injuring the union member Miguel Sajquiy Castro in the shoulder (on the left side) and perforating his backpack with a bullet. Likewise, on 9 June 1996, three unknown masked men came out just as a truck was approaching the San Julián estate, property of the University of San Carlos de Guatemala (residence of Mr. Galindo Benavente), they made the truck stop and asked the passengers whether there was anyone from the Nueva California estate among them. The unknown men, who were carrying firearms, having ascertained that there was no one from the Nueva California estate among the passengers, went back into the bushes at that spot.

B. The Government's reply

1. 399. In its communication dated 12 September 1997, the Government states that the judicial authority shelved the proceedings on the acts alleged by the plaintiff organization, as a consequence of the demise of Mr. José Luis Galindo Benavente, whom the complainant was accusing of these acts.
2. 400. The Government adds that they have approached the plaintiff organization to communicate to them all relevant information in order to bring the case up to date but that no reply of any kind had been transmitted.

C. The Committee's conclusions

1. 401. The Committee observes that in this case the complainant alleged physical aggression with the use of firearms against the union member Miguel Sajquiy Castro and acts of intimidation against workers at the Nueva California estate by three masked and armed men. The Committee also observes that the complainant accuses Mr. José Luis Galindo Benavente of the physical aggression and presumes that this same person is also responsible for the acts of intimidation. In this connection, the Committee is obliged to deeply deplore these acts and to point out 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 fully respected and guaranteed" and that "the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected" (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 46 and 47).
2. 402. The Committee takes note that, according to the statement by the Government, the person whom the complainant accused of the alleged acts (Mr. José Luis Galindo Benavente) has died, for which reason the judicial authority has shelved the case. The Committee also takes note that the complainant has not heeded the Government's request for them to communicate all relevant information in order to bring this case up to date. In these circumstances, the Committee urges the Government to take the necessary steps to ensure that such acts of violence are not repeated.