Interim Report - Report No 215, March 1982

Case No 957 (Guatemala) - Complaint date: 17-APR-80 - Closed

6. The Committee examined Cases NOS. 954, 957, 975, 978 and 1026 at its November 1981 Session.

1. 6. The Committee examined Cases NOS. 954, 957, 975, 978 and 1026 at its November 1981 Session.

A. A. The complainants' allegations

1. 7. In view of the extremely serious nature of the allegations made in this case and the persistent failure of the Government to reply, despite the Committee's numerous requests and urgent appeals, the urgent appeal from the Director-General on 24 August 1980 to the President of the Republic of Guatemala and the appeal made by the Chairman of the Committee when he met the Government representatives during the last session of the International Labour Conference, the Committee, in accordance with the procedure in force, submitted an interim report on the substance of the case although it had not received any observations from the Government.
2. 8. In stating its conclusions and recommendations, the Committee regretted the Government's failure to reply and expressed its deep concern at the seriousness of the allegations, including murders and violent physical attacks on a large number of trade union leaders, trade unionists and workers, arrests and disappearances of persons belonging to the trade union movement, threats, violations of the right to strike, violent interference in trade union meetings, the occupation of trade union premises, attacks on trade union property and dismissals for trade union activities.
3. 9. Consequently, the Committee recommended that the Governing Body decide to give to its report the widest possible distribution.
4. 10. That recommendation was given effect by sending the Committee's report to all the Governments of States Members of the International Labour Organisation.

B. B. The Committee's conclusions

1. 11. The Committee regrets that, since it submitted its report to the November 1981 Session, the Government has chosen to ignore the Committee's recommendations that it send observations. Accordingly, the Committee can only reiterate the conclusions and recommendations - approved by the Governing Body - that it reached at its November 1981 Sessions and again recommends that the Governing Body decide to give to this report the widest possible distribution.

The Committee's recommendations

1. 12. In these circumstances, the Committee recommends the Governing Body to approve this interim report, in particular the following conclusions:
   • The Committee keenly regrets that the Government has not sent its observations, despite requests and urgent appeals by the Committee, the urgent appeal of the Director-General and the appeal made by the Chairman of the Committee during the last International Labour Conference. The Committee also regrets that the Government has chosen to ignore the recommendations it made at its November 1981 Session - approved by the Governing Body at the same session - that observations should be sent.
   • The Committee considers it useful again to remind the Government that the purpose of the procedure for the examination of complaints submitted to the Committee is to promote respect for trade union rights, both de jure and de facto, and that whereas the procedure protects governments against unreasonable accusations, the governments in turn must recognise the importance of sending detailed replies to the allegations so that an objective appraisal can be made. In this connection the Committee considers that the co-operation of governments in elucidating the questions referred to the Committee by the complainants is essential for promoting full respect for trade union rights and the normal development of the trade union movement.
   • The Committee is extremely concerned at the seriousness of the allegations: murders, violent physical attacks on a large number of trade union leaders, trade unionists and workers, arrests and disappearances of persons linked to the trade union movement, threats, violations of the right to strike, violent interference in trade union meetings, the occupation of trade union premises and dismissals for trade union activities.
   • The Committee considers it necessary again to draw the attention of the Government to the fact that a free and independent trade union movement can only develop under a regime which respects and guarantees fundamental human rights. The Committee therefore requests the Government to adopt a policy providing for special measures to fully guarantee the right to personal security, adequate protection against unjustified arrest and detention, the right of assembly and demonstration for trade union purposes, and the protection of trade union premises and property.
   • The Committee deeply deplores the numerous losses of human life and the injuries and ill-treatment suffered by those mentioned in the complaints. The Committee draws the attention of the Government to the importance of a prompt and independent investigation of the alleged cases of death, assault and ill-treatment, with a view to elucidating the facts in full, identifying the persons responsible and instituting proceedings against them. The Committee requests the Government to inform it of the outcome of these investigations.
   • The Committee suggests that the Government be asked to inquire into the whereabouts and condition of the persons who have disappeared and to keep it informed of developments in this respect.
   • The Committee recalls that governments should ensure that any person arrested is treated in accordance with the normal procedures and that his case is dealt with promptly, and points out that the arrest of trade unionists against whom no subsequent grounds for conviction are found is liable to involve restrictions of trade union rights and may constitute serious interference in trade union activities.
   • The Committee proposes that the Government be asked to take measures to secure the release of all those arrested owing to their membership of a trade union or involvement in trade union activities generally considered legitimate, and requests it to state the reasons for and circumstances of each arrest mentioned by the complainants, and also to report on the present condition of the persons arrested.
   • The Committee requests the Committee of Experts on the Application of Conventions and Recommendations to continue to pay special attention to the changes required in Guatemalan legislation concerning freedom of association.
   • The Committee wishes that the attention of the Government be drawn to the fact that, in accordance with Article 2 of Convention No. 98, workers' and employers' organisations should enjoy adequate protection against any interference in each other's activities.
   • The Committee also recalls that Article 1 of Convention No. 98 provides that workers must enjoy adequate protection against any acts calculated to cause their dismissal by reason of their union membership or their participation in trade union activities. The Committee therefore requests the Government to take measures to ensure that the court decision ordering the reinstatement of the 28 EGSA workers dismissed in April 1980 is enforced, and to report to the Committee on the matter.
2. 13. Lastly, the Committee recommends that the Governing Body again decide to give to this report the widest possible distribution.
   • Geneva, 26 February 1982. (Signed) Roberto AGO, Chairman.