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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 59. The Committee last examined this case at its November 2008 meeting and called the Governing Body’s attention to this case given the extreme seriousness and urgency of the issues raised. On that occasion it made the following recommendations [see 351st Report, paras 885–897]:
- – The Committee regrets that the Government has sent limited information and, in particular, that it has sent no new information on developments in the criminal proceedings relating to the murder of trade union official Pedro Zamora. The Committee must therefore once again deeply deplore the murder of this trade union official and the injury caused to one of his children. It urges the Government to do everything within its power to step up the current investigations and actions to arrest, prosecute and punish the perpetrators of the murder of trade union official Pedro Zamora. The Committee urges the Government to keep it informed in this regard. The Committee once again urges the Government to take all necessary steps to protect the members of STEPQ’s executive committee who are being threatened and to keep it informed in this respect.
- – Observing that in recent years it has had to examine recurring allegations of violence against trade unionists and trade union officials, the Committee once again draws the Government’s attention to the principle whereby a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty; freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.
- – The Committee stresses 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. Moreover, the Committee recalls 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.
- 60. In its communication of 1 September 2010 the Government indicates that on 15 April 2009 the Office of Crimes against Journalists and Trade Unionists filed a criminal charge and a motion to initiate a trial before the Criminal Court of First Instance of the Department of Escuintla against Mr Wilfredo Waldemar Valiente García as a possible suspect for the murder of the trade union official Mr Pedro Zamora. The Government adds that the motion was admitted and was then brought before the Criminal Trial Court of the Department of Escuintla, which proceeded to acquit Wilfredo Waldemar Valiente García of the offence of which he was accused. Consequently the Public Prosecutor lodged a special appeal through the abovementioned Office against the decision of the Trial Court, an action that is still pending. The Government also indicates that, according to the current results of the investigation, the murder is not a direct consequence of the victim’s trade union activities.
- 61. The Committee notes this information and requests the Government to keep it informed of the outcome of the abovementioned special appeal and to send a copy of the decision when it is handed down. In view of the seriousness of the allegations in this case, the Committee once again wishes to draw the Government’s attention to the principle whereby a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty and that freedom of association can only be exercised in conditions in which fundamental rights and, in particular, those relating to human life and personal safety, are fully respected and guaranteed [see Digest of decision and principles of the Freedom of Association Committee, fifth edition, 2006, paras 43 and 45]. The Committee highlights the importance of identifying those responsible for murdering the trade union official Pedro Zamora and of imposing severe punishments on them, and requests the Government to ensure that all necessary measures are taken in this regard.
- 62. The Committee also notes that the Government has not sent any information on the steps taken to protect the members of STEPQ’s executive committee who are being threatened and requests it to provide information in this respect.
