EFFECT GIVEN TO THE RECOMMENDATIONS
OF THE
COMMITTEE AND THE GOVERNING BODY
CASE 2050 - GUATEMALA
| CASE | COUNTRY | REPORT No. | REF | DATE | EFFECT GIVEN | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2050 |
GTM |
328 |
Vol. LXXXV, 2002, Series B, No. 2 |
83. Finally, as regards Cases Nos. 1581 (Thailand), 1618 (United Kingdom), 1769 (Russian Federation), 1785 (Poland), 1796 (Peru), 1813 (Peru), 1851 (Djibouti), 1880 (Peru), 1890 (India), 1900 (Canada), 1922 (Djibouti), 1937 (Zimbabwe), 1942 (China/Hong Kong Special Administrative Region), 1943 (Canada), 1951 (Canada), 1952 (Venezuela), 1957 (Bulgaria), 1970 (Guatemala), 1973 (Colombia), 1975 (Canada), 1978 (Gabon), 1989 (Bulgaria), 1992 (Brazil), 1995 (Cameroon), 1996 (Uganda), 2009 (Mauritius), 2014 (Uruguay), 2017 (Guatemala), 2027 (Zimbabwe), 2031 (China), 2042 (Djibouti), 2043 (Russian Federation), 2047 (Bulgaria), 2048 (Morocco), 2050 (Guatemala), 2051 (Colombia), 2052 (Haiti), 2053 (Bosnia and Herzegovina), 2067 (Venezuela), 2075 (Ukraine), 2078 (Lithuania), 2081 (Zimbabwe), 2091 (Romania), 2100 (Honduras), 2102 (Bahamas), 2118 (Hungary), 2119 (Canada), 2125 (Thailand), 2126 (Turkey), 2135 (Chile), 2142 (Colombia), 2145 (Canada), 2146 (Yugoslavia), 2147 (Turkey), 2148 (Togo) and 2156 (Brazil), the Committee requests the governments concerned to keep it informed of any developments relating to these cases. It hopes that these governments will quickly provide the information requested. In addition, the Committee has just received information concerning Cases Nos. 1826 (Philippines), 1991 (Japan), 2006 (Pakistan), 2084 (Costa Rica), 2098 (Peru), 2104 (Costa Rica), 2106 (Mauritius) and 2115 (Mexico), which it will examine at its next meeting. |
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2050 |
GTM |
329 |
Vol. LXXXV, 2002, Series B, No. 3 |
51. The Committee examined these cases at its meeting in March 2002 and made the following recommendations on the allegations that remained pending [see 327th Report, para. 604]: – regarding the Tanport S.A. company, the Committee hopes that the existing discrimination will be ended without delay and requests the Government to inform it of the result of the legal proceedings undertaken to protect the money owed to the UNSITRAGUA members who were dismissed because of the company’s closure; – as regards the Ace International S.A. assembly plant, the Committee requests the Government urgently to communicate the court resolutions handed down on the serious allegations submitted of discrimination and intimidation; – as regards the closure of Cardiz S.A., the Committee expresses the hope that the judicial authority will pronounce on this case without delay and requests the Government to keep it informed of developments in that regard. It also requests the Government to ensure that no worker be detained for anti-union reasons; – the Committee requests the Government to indicate the legal grounds for the cancellation of the registration of all of the officers of the trade union at María de Lourdes de Génova Farm and emphasizes that it would have been appropriate to retain all of the trade union officers except the farm administrator; – as regards the allegations relating to the death threats against the secretary-general of the union at the María de Lourdes de Génova Farm, Mr. Otto Rolando Sacuqui García, the threats made against the union’s secretary for the settlement of disputes, Mr. Walter Oswaldo Apen Ruiz, and his family, to force him to relinquish his post in the municipality of Tecún Umán, and the dismissal of the founders of the trade union at Hidrotecnica S.A., established in 1997, the Committee: – urges the Government to organize without delay an investigation into these allegations and keep it informed of developments; – notes that the necessary measures should be taken so that trade unionists who have been dismissed for activities related to the establishment of a trade union are reinstated in their functions, if they so wish; and – urges the Government promptly to take the necessary measures to guarantee the trade unionists’ physical safety; – as regards the allegations relating to the death threats received by members of the Workers’ Union of Banana Plantations of Izabal (SITRABI), the threats by the Bandegua company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement, the dismissals threatened and carried out by that company (25 dismissals at five farms), and the raid on the premises of the Trade Union of Electricity Workers of Guatemala, with destruction and theft of property, the Committee requests the Government: – urgently to take the necessary measures to protect the security of the threatened trade unionists, place the cases of the alleged death threats and raid before the Attorney-General without delay and keep it informed of the penal sanctions applied; – to ensure that anti-union dismissals do not take place and investigate the motives for the dismissals that have occurred; and – to ensure respect for the collective agreement and keep it informed of developments in the situation; – as regards the other serious allegations that remain pending, the Committee strongly reiterates its recommendation that the Government should: – as a matter of urgency take steps to carry out a judicial investigation into the death threats made against the trade unionist José Luis Mendía Flores, ensure that he has been reinstated in his post in accordance with the court resolution, and keep the Committee informed in this regard; – ensure compliance with the court orders to reinstate the workers dismissed at the company La Exacta and send its observations promptly on the alleged delays in the investigation into the murders in 1994 of four rural workers (see the names below, in the second communication of UNCITRAGUA) who had tried to form a trade union, and keep the Committee informed of the results of the judicial proceedings under way in respect of these murders; and – take the necessary measures (legislative and other) to ensure that the reinstatement orders are complied with; – as regards the recent allegation concerning the murder of a trade union official, Mr. Baudillo Armado Cermeño Ramírez, the Committee requests the Government to ensure that the appropriate independent judicial investigations are conducted as soon as possible in order to establish the facts and circumstances of the incident, define responsibilities, punish the perpetrators and thus avoid a repetition of such occurrences and requests the Government to keep it informed in this regard. 52. In its communication dated 5 March 2002, CIOSL alleges that Mr. Miguel Angel Ochoa González, leader of the Union of Professional Pilots and Road Freight Haulage, was kidnapped by three persons on 14 February 2002. He was physically and verbally abused and then abandoned. It also alleges that Mr. Ochoa, together with Mr. Wilson Armelio Carreto López, received death threats in a letter on 15 February 2002. 53. In its communication dated 1 April 2002, UNSITRAGUA states that, in violation of a court ruling, the Banco de Crédito Hipotecario Nacional, a state-owned bank, dismissed 170 workers without obtaining legal dispensation. In its communication dated 7 May 2002, UNSITRAGUA states that 90 of the bank’s workers have availed themselves of a retirement plan. Moreover, after more than three years, the Conciliation Tribunal has still not pronounced (nor called the parties to a hearing) on the collective labour dispute that began on 5 August 1997. In a communication received by the ILO on 3 June 2002, UNSITRAGUA states that up to 200 workers have now been dismissed, despite the relevant court ruling, and that more workers are under pressure to renounce their contracts and claim unemployment benefits. In addition, on 22 March the bank suspended trade union officials’ permits and is conducting surveillance on the officials and persecuting them. In its communication dated 29 July 2002, UNSITRAGUA complains that a further 100 workers were dismissed by the bank on 27 July, despite the relevant court ruling and other rulings by the labour inspectorate. The trade union officials’ permits were suspended once more on 26 July. 54. In its communication dated 3 June 2002, UNSITRAGUA reports that the legal authorities have still not pronounced on the case of the Tanport S.A. assembly plant and that, in the case of the Ace International S.A. assembly plant, the Constitutional Court upheld the sentence of the Supreme Court of Justice, violating freedom of association and opening the doors to the fraudulent dissolution of enterprises as a means of breaking up trade unions. UNSITRAGUA also explains that, in 1994, the police evacuation of a peaceful sit-in at the San Juan del Horizonte farm (operated by the Exacta company) led to the killing of three trade unionists, Efraín Recinos, Basilio Guzmán and Diego Orozco; a further 11 workers were injured and 45 were arrested; and the trade unionist José García González was kidnapped and murdered. There has still been no judicial investigation. The company also dismissed 60 workers, who have not been reinstated despite a court ruling. 55. In its communication of May 2002, the CUSG points out that many dismissals of trade unionists took place in the María de Lourdes farm, the Hidrotécnica company, the municipality of Jalapa and the municipality of Tecpán and that the dismissed have not been reinstated despite judicial rulings ordering reintegration. In the case of the municipality of Tecpán, the Supreme Court ruled in the final instance in favour of the workers and imposed a fine on the municipality. In the municipality of Jalapa, the collective agreement has been violated. The municipality has refused to comply with recommendations of the Ministry of Labour on the violations of the collective agreement. In the municipality of Malacatán, the collective agreement was also violated. The Parque Zoológico Nacional La Aurora refused to negotiate a new collective agreement with the union and has promoted a solidarist association putting pressure on workers to affiliate with it. 56. In its communications of 3 July 2002 and 27 September 2002, the Government reports that although the case of the Banco de Crédito Hipotecario Nacional has been brought before justice, the labour inspectorate is simultaneously favouring high level meetings in order to find a solution in favour of the workers. Also, on 25 April 2002, conciliation was achieved on one of the points of conflict (the question of suspension of trade union permits) thanks to the mediation of the Minister of Labour; moreover, three administrative punitive inquiries are under way in order to impose fines on the bank. Concerning the company “Ace International”, the issue is before justice and the company remains closed. The assembly plant Tanport is also closed. The labour inspection tried to obtain compliance with the judicial order which has pronounced on this case but it did not manage to locate the headquarters of the enterprise. With respect to these last two cases, the Government reports that it has created a tripartite National Assembly Plant Authority, in order to improve social and labour relations in this sector and find solutions to cases like the ones mentioned above. The threats against the trade union official, Miguel Angel Ochoa Gonzáles, are being examined by the authorities. 57. In its communication of 27 September 2002, the Government sent observations on the María de Lourdes farm, the Hidrotéchnica company and the municipality of Jalapa, but without referring specifically to the questions pending before the Committee. The Government adds that the Ministry of Labour made a mediation effort and that judicial ruling was pronounced in the case of the Tecpán municipality (favourable to the union according to the complainant organization). Concerning the case SITRABI, the incidents continue to be examined by the criminal justice system and the Minister of Labour continues to hold meetings with the parties in order to achieve positive results. Concerning the case of the La Exacta farm, a declaration has been signed in which the responsibility of the authorities in the events which took place is implicitly recognized. This case is examined in the context of the judicial system. Concerning the Parque Zoológico Nacional La Aurora, this case was examined by the labour inspectorate and within the tripartite committee on international labour issues. The case of the municipality of Malacatán was favourably resolved. 58. The Committee takes note of the Government’s observations. The Committee underlines the gravity of the questions raised in the allegations, in particular with regard to acts of violence (assassinations, aggressions, threats) and anti-trade union discrimination (including cases of non-compliance with judicial orders) and expresses its profound preoccupation in this respect. 59. The Committee notes that according to the Government, the threats against the trade union official, Miguel Angel Ochoa González, are being examined by the authorities. The Committee regrets that the Government was not sent observations on allegations relative to (1) the judicial rulings concerning the Cordiz S.A. company; (2) the kidnapping, aggressions and threats against the trade unionist of the María de Lourdes farm, Walter Oswaldo Apen Ruiz and his family, and the death threats against the trade union officials Roland Sacuqui García, Wilson Armelio Larreto López and José Luis Mendía Flores; (3) the assassination of the trade unionists of the La Exacto Farm Efrain Recinos, Basilio Guzmán and Diego Orozco, the injury of 11 workers and the detention of 45 workers from this farm; (4) the assassination of the trade unionist, José García González, and the trade union Leader, Bandillo Amado Cermeño; (5) the raid against the Luz and Fuerza union. The Committee requests the Government to send its observations on these allegations and to indicate the state of the respective proceedings. The Committee deplores these acts of violence against trade unionists, expresses its great preoccupation before this situation and points out to the Government that a free and independent trade union movement can only develop in a climate free from violence, threats and intimidation. The Committee requests the Government to guarantee security to all threatened trade unionists who have been mentioned in this case. 60. Concerning the conflict relative to Banco de Crédito Hipotecario Nacional, the Committee notes that a negotiating committee has been set-up on all the questions before the authorities (negotiation of a new collective agreement, massive dismissals, etc.) and observes that at first, the suspension of trade union permits was resolved but that the complainant organization has come back with allegations that the permits were suspended once more on 26 July 2002. The Committee observes that the conflict was brought before justice. The Committee insists on the importance of respecting judicial rulings which prohibit dismissals without legal authorization, hopes that the negotiating Committee will be able to find a solution to the conflict in a short period of time and requests the Government to keep it informed of the progress of the Committee. The Committee requests the Government to communicate any ruling on these allegations. 61. The Committee observes that the Government has sent insufficient or imprecise information on other pending questions: cases of SITRABI, María de Lourdes farm, Hidrotéchnica company, Jalapa municipality (violation of the collective agreement), and Parque Zoológical Nacional. The Committee requests the Government to send additional information on these allegations. The Committee requests the Government to confirm that the trade unionist, José Luis Mendía Flores, has been reinstated in his post as ordered by the judicial authority. 62. The Committee observes that other cases (pending during the latest examination of the case) have been brought before justice (Ace Internacional company, Tanport company, La Exacta farm). The Committee reiterates its previous recommendations on these questions and asks the Government to send additional information. The Committee notes that according to the Government, the case of the municipality of Malacatán has been resolved. 63. The Committee regrets to observe that in this as well as previous cases, the complainant organizations have highlighted the non-compliance with judicial rulings ordering reinstatement. The Committee requests the Government to ensure the reintegration of all the trade unionists who have not yet been reinstated in their posts in various companies and farms mentioned in this case, despite judicial orders which have been pronounced in this sense and to keep it informed in this respect.
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2050 |
GTM |
330 |
Vol. LXXXVI, 2003, Series B, No. 1 |
88. At its meeting of November 2002, the Committee formulated the following conclusions and recommendations on the pending questions [see 329th Report, paras. 51?63]: – The Committee regrets that the Government has not sent its observations on the allegations concerning: (1) the judicial rulings relating to the closure of the Cardiz S.A. company; (2) the kidnapping, assaults and threats against the trade unionist of the Santa María de Lourdes Farm, Walter Oswaldo Apen Ruiz and his family, and the death threats against the trade union leaders Rolando Sacuqui García, Wilson Armelio Carreto López and José Luis Mendía Flores; (3) the murder of the trade unionists of the Exacta Efraín Recinos Farm, Basilio Guzmán and Diego Orozco, the injuries to 11 workers and the detention of 45 workers from that farm; (4) the murder of the trade unionist José García González and the trade union leader Baudillo Amado Cermeño; and (5) the raid on the Luz y Fuerza Union. The Committee requests the Government to send its observations on these allegations indicating the status of the respective proceedings. The Committee deplores these acts of violence against trade unionists, expresses its great concern at this situation and points out to the Government that a free and independent trade union movement can only develop in a climate free of violence, threats and intimidation. The Committee requests the Government to guarantee the security of all the threatened trade unionists listed in this case. – With respect to the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee takes note that a negotiating committee has been set up for all the pending issues (negotiation of a collective agreement, mass dismissals, etc.) and observes that the suspension of trade union leave had been initially resolved but that the complainant organization has now alleged that they were suspended again on 26 July 2002. The Committee observes that the dispute is the subject of court proceedings. The Committee stresses the importance of complying with judicial rulings which prohibit dismissals without legal authorization, hopes that the negotiating committee can quickly find a solution to the dispute and requests the Government to keep it informed of progress in that committee. The Committee requests the Government to communicate any ruling on these allegations. – The Committee observes that the Government has sent insufficient or imprecise information on the other pending questions: the cases of SITRABI, the Santa María de Lourdes farm, the Hidrotécnica company, the municipality of Jalapa (breach of collective agreement) and the National Zoological Park. The Committee requests the Government to send additional information on these allegations. The Committee requests the Government to confirm that the trade unionist José Luis Mendía Flores has been reinstated in his job as ordered by the judicial authority. [Santa María de Lourdes Farm: the Committee had requested the Government to indicate the legal grounds for the cancellation of the registration of all of the officers of the trade union and emphasized that it would have been appropriate to retain all of the trade union officers except the farm administrator. With respect to the allegations of dismissal of the founders of the trade union formed in 1997 in Hidrotécnica S.A., the Committee: n urged the Government to organize without delay an investigation into these allegations and keep it informed of developments; n stated that the necessary measures should be taken so that trade unionists who have been dismissed for activities related to the establishment of a trade union are reinstated in their functions, if they so wish]. [As regards the allegations relating to the death threats received by members of the Workers’ Union of Banana Plantations of Izabal (SITRABI), the threats by the Bandegua company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement, the dismissals threatened and carried out by that company (25 dismissals at five farms), the Committee requests the Government: n urgently to take the necessary measures to protect the security of the threatened trade unionists, place the cases of the alleged death threats and raid before the Attorney-General without delay and keep it informed of the penal sanctions applied; n to ensure that anti-union dismissals do not take place and investigate the motives for the dismissals that have occurred; and n to ensure respect for the collective agreement and keep it informed of developments in the situation]. – The Committee observes that other labour cases (outstanding from the last examination of the case) are the subject of judicial proceedings (Ace Internacional Company, Tanport Company, La Exacta farm). The Committee reiterates its previous recommendations on these questions and requests the Government to send additional information. [Regarding the Tanport S.A. company, the Committee hopes that the existing discrimination will be ended without delay and requests the Government to inform it of the result of the legal proceedings undertaken to protect the money owed to the UNSITRAGUA members who were dismissed because of the company’s closure. As regards the Ace Internacional S.A. assembly plant, the Committee had requested the Government urgently to communicate the court resolutions handed down on the serious allegations sent of discrimination and intimidation. With respect to the La Exacta farm, the Committee had requested the Government to ensure compliance with the court orders on reinstatement of the workers dismissed from the La Exacta farm.] 89. In its communication of 25 October 2002, the Guatemala Workers’ Union (UNSITRAGUA) states that the employer-controlled trade union SITRACOBSA (a fact admitted by the Government) opposed the decision by the Ministry of Labour to reactivate workers belonging to the legitimate trade union (SITECOBSA) of the Corporación Bananera S.A. and to declare void the suspension of those workers’ contracts of employment. UNSITRAGUA adds that on 2 September 2002, SITRACOBSA contributed to the negative and intimidatory attitude of the company (which has reinforced security at the entrance to the farm with heavily armed security guards and dogs) by assembling its members and temporary workers to intimidate SITECOBSA workers and UNSITRAGUA officers who were seeking together with labour inspectors to reinstate the SITECOBSA members as ordered by the Ministry of Labour. In a recent communication of 18 February 2003, the International Confederation of Free Trade Unions (ICFTU) sent additional information on some of the allegations in the complaint. 90. In its communication of 30 December 2002, the Government states that it will provide information on the rulings concerning the Cardiz S.A. and Ace Internacional companies. The Government adds that the cancellation of the registration of the trade union officers of the Santa María de Lourdes farm was due to the expiry of the executive board on 21 April 2000 without a new board being appointed. On 18 September of that year, a new board was registered with the Ministry of Labour on submission of the appropriate documentation, but the Central Trade Union CUSG objected that the general assembly had included persons who were not members of the trade union, and the registration was therefore ordered to be cancelled. On 8 January, a new executive board was registered once the irregularities had been corrected. 91. As to the alleged threats against the trade union officer, Otto Rolando Sacuqui, this person was no longer working at the Santa María de Lourdes farm and is now a supervisor of labour inspectors in the Ministry of Labour. As regards the threats against the SITRABI members, the Government points out that there are no complaints before the Presidential Human Rights Commission and that during a visit by the Attorney-General to the area to investigate the case no complaints materialized. There is now a good collective bargaining climate in the area. 92. With respect to the break?in of the office of the Luz y Fuerza union, a criminal investigation is under way and the Government gives details of the actions undertaken. Finally, the Secretary-General of the trade union has not come forward to collaborate in the investigations. 93. As to the threats against the unionist José Luis Mendía Flores, the Government reports that he changed his workplace and that his trade union confirmed that in any case the threats ceased two years ago. 94. The Government states that it will inform the Committee about the judicial proceedings concerning the murder of the trade unionists at the La Exacta farm (Efraín Recinos, Basilio Guzmán and Diego Orozco) and other acts of violence, the injuries to 11 workers and the detention of 45 workers from that farm. 95. With respect to the murder of the trade union official Baudillo Amado Cermeño Ramez, the Government sent a summary of the police and judicial proceedings in the case and provided the names of two suspects. 96. As regards the threats against the trade unionists Miguel Angel Ochoa and Wilson Armelio Carreto López, the Government states that according to a search of Ministry of Labour records, these persons do not belong to any trade union. Moreover, there has been no complaint to the Attorney-General. Neither has the complainant organization provided details. 97. As to the alleged violation of the collective agreement in the municipality of Jalapa, the Government states that the mayor responsible has been suspended from his duties and the present mayor has been able to restore collective bargaining and harmony between the parties. 98. The Committee takes note of the Government’s explanations as to the reasons for the cancellation of the executive board of the trade union of the Santa María de Lourdes farm and observes that this matter was subsequently resolved in a satisfactory manner. The Committee also takes note that there are no complaints of threats against the trade unionist Otto Rolando Sacuqui, and that he has changed jobs and is now chief of inspectors in the Ministry of Labour. The Committee also takes note that the trade unionist José Luis Mendía Flores has changed his workplace and that his trade union confirmed that the previous threats had ceased. The Committee also takes note of the police and judicial proceedings concerning the murder of the trade unionist Baudillo Amado Cermeño Ramírez and requests the Government to inform it of the ruling in that case. The Committee further notes that according to the Government Mr. Miguel Angel Ochoa and Wilson Armelio Carreto López are not members of any trade union and that no complaints have been sent in respect of threats against these persons to the Attorney-General; the Committee invites the complainants to send comments on these observations. The Committee further takes note that, according to the Government, collective bargaining has been restored in the municipality of Jalapa following the appointment of a new mayor. Finally, the Committee takes note that the Secretary?General of Luz y Fuerza had not come forward to collaborate in the investigations into the break?in of the trade union headquarters, and stresses the importance of the trade union assisting in order to determine the circumstances of the break?in so as to identify the guilty parties. 99. Lastly, the Committee regrets that the Government has not provided information on the other pending questions. The Committee requests the Government to send the requested information and observations without delay and observes that the Government has announced that it is sending information on some of these questions. The Committee also requests the Government to send its observations on the allegations contained in the UNSITRAGUA communication of 25 October 2002 and on the recent ICFTU communication of 18 February 2003. |
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2050 |
GTM |
331 |
LXXXVI, 2003, Series B, No. 2 |
112. Finally, as regards Cases Nos. 1785 (Poland), 1826 (Philippines), 1843 (Sudan), 1854 (India), 1890 (India), 1930 (China), 1943 (Canada), 1951 (Canada), 1959 (United Kingdom/Bermuda), 1965 (Panama), 1970 (Guatemala), 1973 (Colombia), 1975 (Canada), 2006 (Pakistan), 2017 (Guatemala), 2018 (Ukraine), 2031 (China), 2038 (Ukraine), 2048 (Morocco), 2050 (Guatemala), 2051 (Colombia), 2067 (Venezuela), 2075 (Ukraine), 2083 (Canada), 2086 (Paraguay), 2105 (Paraguay), 2109 (Morocco), 2118 (Hungary), 2120 (Nepal), 2124 (Lebanon), 2126 (Turkey), 2128 (Gabon), 2129 (Chad), 2133 (The former Yougoslav Republic of Macedonia), 2134 (Panama), 2139 (Japan), 2140 (Bosnia and Herzegovina), 2141 (Chile), 2143 (Swaziland), 2144 (Georgia), 2146 (Serbia and Montenegro), 2147 (Turkey), 2148 (Togo), 2150 (Chile), 2160 (Venezuela), 2163 (Nicaragua), 2166 (Canada), 2167 (Guatemala), 2173 (Canada), 2176 (Japan), 2178 (Denmark), 2180 (Canada), 2182 (Canada), 2188 (Bangladesh), 2191 (Venezuela), 2192 (Togo), 2195 (Philippines), 2196 (Canada), 2206 (Nicaragua), 2207 (Mexico), 2208 (El Salvador), 2212 (Greece), 2229 (Pakistan) and 2230 (Guatemala), the Committee requests the governments concerned to keep it informed of any developments relating to these cases. It hopes that these governments will quickly provide the information requested. In addition, the Committee has just received information concerning Cases Nos. 1888 (Ethiopia), 1957 (Bulgaria), 1992 (Brazil), 2047 (Bulgaria), 2058 (Venezuela), 2079 (Ukraine), 2106 (Mauritius), 2115 (Mexico), 2136 (Mexico), 2151 (Colombia), 2171 (Sweden) and 2198 (Kazakhstan), which it will examine at its next meeting. |
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2050 |
GTM |
332 |
LXXXVI, 2003, Series B, No. 3 |
68. At its November 2002 meeting, the Committee formulated the following conclusions and recommendations on the pending questions [see 330th Report, paras. 88-99] and on the questions on which the Government had sent information since the previous examination of the case: – with respect to the La Exacta farm, the Committee had requested the Government to ensure compliance with the court orders on reinstatement of the workers dismissed from the La Exacta farm; – as regards the closure of Cardiz S.A. company following the establishment of a trade union in the company and the detention of the workers who remained on company premises to prevent the removal of company equipment, the Committee had asked the Government to send information about these allegations and, more precisely, about the reasons for closing the Cardiz S.A. company; – the Committee notes that the Government has sent only vague information on the issues relating to the La Aurora (the National Zoological Park refuses to negotiate a new collective agreement with the trade union and has encouraged a solidarity association, pressuring workers to join this), and it requests the Government to send further information on these allegations. 69. In a communication of 3 September 2003, the Government states, with regards to the La Exacta farm, that on 9 June 2003 a basic agreement was established to reach a friendly agreement to resolve the issue soon, signed by the president of COPREDEH and representatives of the workers who are injured parties, the Centre for Legal Action for Human Rights (CALDH) and the Trade Union of Workers of Guatemala (UNSITRAGUA). The relevant aspects of the agreement refer to the need to reach an agreement on financial compensation within a period not exceeding five months and to endeavour to establish other means of compensation that will benefit the families of the farm workers. 70. With regard to the closure of the Cardiz S.A. company, the Government states that when the General Labour Inspectorate became involved, the company was on the point of closing down as its main international client had cancelled its buying and garment manufacture contracts. Subsequently, the company was obliged unilaterally to suspend all staff labour contracts. The General Labour Inspectorate sent the file to the relevant court for the penalty indicated to be imposed. The case is currently before the courts. 71. With regard to the National Zoological Park, La Aurora, the Government states that between July 2000 and June 2002 seven files were opened and seven settlements were decided. The most recent file dates back to 2002 and, following this, no new requests for intervention have been received. 72. The Committee notes the information sent by the Government with regard to the basic agreement established to reach a friendly agreement to resolve the issue soon with regard to the La Exacta and/or San Juan El Horizonte farm, the relevant aspects of which refer to the need to reach an agreement on financial compensation within a period not exceeding five months and to establish other means of compensation that will benefit the families of the farm workers. Given that the period of five months has nearly elapsed, the Committee requests the Government to keep it informed of developments and to specify whether the agreement mentioned includes the reinstatement of the workers who were dismissed, with regard to whom legal orders for reinstatement were issued. 73. The Committee notes the information sent by the Government with regard to the reasons for the closure of the Cardiz S.A. company; i.e. that its main international client cancelled its buying and garment manufacture contracts, which led to the company being forced unilaterally to suspend all staff labour contracts. The Committee also notes that the case is currently before the courts and requests the Government to keep it informed of the outcome of the proceedings in progress. 74. With regard to the National Zoological Park, La Aurora, the Committee notes that the Government refers to seven files and an equal number of settlements that took place between July 2000 and June 2002, that the most recent file dates back to 2002 and that no further requests for intervention were received following this. The Committee notes that the Government does not indicate whether this information relates to the allegations submitted, i.e. that the National Zoological Park, La Aurora, refuses to negotiate a new collective agreement with the trade union and has encouraged a solidarity association, pressuring workers to join it. The Committee requests the Government to provide clarifications on these issues. 75. Moreover, the Committee regrets that the Government has sent no information on the issues that remained outstanding from the previous examination of the case and urges the Government to send the information and observations requested with regard to the following without delay: – The Committee regrets that the Government has not sent its observations on the allegations concerning the kidnapping, assaults, and threats against the trade unionists of the Santa María de Lourdes farm, Walter Oswaldo Apen Ruiz and his family. The Committee requests the Government to send its observations on this allegation and to ensure that the safety of the trade union member, which has been threatened, is guaranteed; – The Committee regrets that the Government has not sent information on the allegations relating to the murder of trade union members Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzales, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm. The Committee emphasizes once again the seriousness of the allegations and urges the Government to send information in this respect without delay; – With regard to the murder of trade union member Baudillo Amado Cermeño Ramírez, the Committee requests the Government to send it a copy of the ruling handed down in this respect; – With regard to the alleged threats against Miguel Angel Ochoa and Wilson Armelio Carreto López, the Committee notes the Government’s statement that these persons are not members of any trade union and that no complaints in respect of threats have been sent to the Attorney-General, and it invites the complainant organizations to send comments on these observations; – With regard to the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee takes note that a negotiating committee has been set up for all the pending issues and observes that the suspension of trade union leave had been initially resolved but that the complainant organization has now alleged that it was suspended again on 26 July 2002. The Committee stresses the importance of complying with judicial rulings that prohibit dismissals without legal authorization, hopes that the negotiating committee can quickly find a solution to the dispute and requests the Government to keep it informed of progress in that committee; – With regard to the allegations of dismissal of the founders of the trade union formed in 1997 in Hidrotecnia S.A., the Committee urges the Government to institute, without delay, an investigation into these allegations and to keep it informed of developments; – With regard to the threats by the Bandegua company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement, the dismissals threatened and carried out by that company (25 dismissals at five farms), the Committee requests the Government to ensure that anti-union dismissals do not take place and to investigate the motives for the dismissals that have occurred, to ensure respect for the collective agreement and to keep it informed of developments in the situation; – With regard to the Tanport S.A. company, the Committee requests the Government to inform it of the result of the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure; – With regard to the Ace International S.A. assembly plant, the Committee requests the Government urgently to communicate the court rulings handed down on the serious allegations of discrimination and intimidation; – Finally, the Committee requests the Government to send its observations on the new allegations, according to which the employer-controlled trade union SITRACOBSA (a fact admitted by the Government) opposed the decision of the Ministry of Labour to reactivate workers belonging to the legitimate trade union (SITECOBSA) of the Corporación Bananera S.A. company. 76. The Committee has just received a communication from the Government dated 27 October 2003 replying to certain allegations presented recently by UNSITRAGUA. The Committee will examine this reply at its next meeting. |
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61. The Committee last examined this case at its November 2003 meeting [see 332nd Report, paras. 68-76]. On that occasion, the Committee made the following recommendations: – With respect to the La Exacta farm, the Committee requests the Government to specify whether the friendly agreement to resolve the issue with regard to the La Exacta and/or San Juan El Horizonte farm, the relevant aspects of which refer to the need to reach an agreement on financial compensation within a period not exceeding five months and to establish other means of compensation that will benefit the families of the farm workers, includes the reinstatement of the workers who were dismissed, with regard to whom legal orders for reinstatement were issued. – With regard to the closure of the CARDIZ S.A. company following the establishment of the trade union and the detention of the workers who remained on company premises to prevent the removal of company equipment, the Committee requests the Government to keep it informed of the outcome of the proceedings. – With regard to the refusal of the La Aurora National Zoological Park to negotiate a new collective agreement with the trade union and the encouragement of a solidarity association, the Committee requests the Government to provide clarification on these issues. – Furthermore, with respect to: (1) the allegations relating to the kidnapping, assaults and threats against the trade unionists of the Santa Maria de Lourdes farm, Walter Oswaldo Apen Ruiz and his family, the Committee requests the Government to send its observations and to ensure that the safety of the trade union member, which had been threatened, is guaranteed; (2) the allegations relating to the murder of trade union members Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzáles, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm, the Committee urges the Government to send information in this respect without delay; (3) the murder of trade union member Baudillo Amado Cermeño Ramírez, the Committee requests the Government to send it a copy of the ruling handed down in this respect: (4) the alleged threats against Miguel Angel Ochoa and Wilson Armelio Carreto López, the Committee invites the complainant organizations to send comments on the Government’s observations that state that these people do not belong to a trade union and that they have not filed complaints of threats with the Office of the Attorney-General; (5) the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee requests the Government to keep it informed of progress in the negotiating committee on the issues; (6) the allegations of dismissal of the founders of the trade union formed in 1997 in the Hidrotecnia S.A. company, the Committee requests the Government to keep it informed with regard to the investigation that is being carried out; (7) the threats by the BANDEGUA company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement and the dismissals threatened and carried out by that company (25 dismissals at five farms), the Committee requests the Government to keep it informed of developments in this situation; (8) the Tamport S.A. company, the Committee requests the Government to inform it of the result of the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure; (9) the Ace International S.A. assembly plant, the Committee requests the Government urgently to communicate the court rulings handed down on the serious allegations of discrimination and intimidation; (10) the Committee also requests the Government to send its observations on the new allegations, according to which the employer-controlled trade union SITRACOBSA (a fact admitted by the Government) opposed the decision of the Ministry of Labour to reactivate workers belonging to the legitimate trade union (SITECOBSA) of the Corporación Bananera S.A. company. 62. In its communication of 16 October, the Trade Union of Workers of Guatemala (UNSITRAGUA) states that: (1) with regard to the La Exacta farm, the workers have still not been reinstated and the former owners have sold the facilities, making it more difficult to comply with the court orders for reinstatement; (2) with regard to the dispute involving the Banco de Crédito Hipotecario Nacional, following the mass dismissals and the refusal of the bank to comply with the court orders for reinstatement, the bank proceeded to employ new workers on a short-term basis, excluding them from the benefits of the collective labour agreement and from a variety of other benefits that are enjoyed by permanent workers; (3) with regard to the Tamport S.A. company, the legal proceedings for partial payment of the wages owed are still being processed as a result of a number of delays in the proceedings, in spite of the fact that the closure of the enterprise was considered illegal by the judicial authority; (4) with regard to the alleged anti-union discrimination at the Ace International S.A. company, the judicial authorities, the Appeals Court, the Supreme Court of Justice and the Constitutional Court rejected the legal actions lodged; (5) with regard to the Corporacíon Bananera S.A. company, the administrative order to reinstate the workers has still not been acted on and, in spite of the Government having recognized that the trade union SITRACOBSA tends to favour the company, no proceedings have begun to dissolve it. 63. In its communication of 9 January 2004, the Government states that: – with regard to the La Exacta farm, the agreement for financial compensation was signed on 24 October 2003 between COPREDEH and workers’ representatives, relatives of the victims for whom the civil and criminal actions are still pending. The Government adds that, in the framework of the agreement, the workers requested the intervention of the Ministry of Labour and Social Security so that, through mediation, the parties might reach an agreement that was satisfactory to all of them. In the hearing on 17 December 2003, called by the General Labour Inspectorate, the new owners of the La Exacta farm stated that they were unaware of the labour disputes at the company and that it was for the former owners to assume responsibility for these. The Government states that the next hearing has been called for 16 January 2004; – with regard to the refusal of the La Aurora National Zoological Park to negotiate a new collective agreement with the trade union and the fact that it has encouraged a solidarity association, the parties went to the Arbitration Court, which handed down a decision in December 2003. This decision is being appealed by the enterprise; – with regard to threats by the BANDEGUA company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement, the Government states that there are no dismissals at the company and that the workers are well paid, have no disputes with the company and are members of SITRABI. 64. In its communication of 27 October 2003, the Government states that the General Labour Inspectorate provided the information in a communication dated 25 October 2003 that the Trade Union of Workers of the Corporacíon Bananera S.A. company (SITRACOBSA) was legally recognized up to 19 September 2003, that this is an active organization with approved statutes wherein there is no record that its members represent employers’ interests and that, in the past three years, it has complied with all the legal requirements. 65. With regard to the La Exacta and/or San Juan El Horizonte farm, the Committee notes the information provided by the complainant organization and the observations of the Government relating to the friendly agreement signed on 24 October 2003. The Committee notes that according to the information received in the framework of this agreement, the workers requested the intervention of the Ministry of Labour in order to obtain a solution that was satisfactory for all parties and that in one of the hearings arranged by the Labour Directorate, the new owners stated that they were not aware of the existence of labour disputes in the company and emphasized that these were the responsibility of the former owners. The Committee requests the Government to specify whether the agreement mentioned includes the reinstatement of the dismissed workers with regard to whom legal orders for reinstatement were issued, and to keep it informed of the outcome of the hearing of 16 January at the Ministry of Labour with the new owners and the workers’ representatives. 66. With regard to the dispute at the La Aurora National Zoological Park, which was lodged with the Arbitration Court, the Committee requests the Government to keep it informed of the legal ruling with regard to the arbitrator’s decision issued in December 2003, which was appealed by the company. 67. With regard to the threats by the BANDEGUA company to leave the country if the workers do not agree to a reduction of their rights under the collective agreement, the Committee notes the Government’s information with regard to there being no disputes at the company. 68. With regard to the allegations of the dissent from SITRACOBSA over the decision by the Ministry of Labour to cancel the suspension of the contracts of workers belonging to the legitimate trade union (SITECOBSA) of the Corporacíon Bananera S.A. company, the Committee notes the allegations of the complainant organization relating to the bias of SITRACOBSA in favour of the company and the lack of measures taken to dissolve this body, and the Government’s reply in which it denies that SITRACOBSA represents the employers’ interests. The Committee requests the Government to send its observations with regard to the alleged suspension of employment contracts for workers belonging to the other trade union (SITECOBSA) without delay. 69. The Committee regrets that the complainant organizations have not sent the information requested on the Government’s statements that Miguel Angel Ochoa and Wilson Armelio Carreto López (who had been threatened) are not members of any trade union and that no complaints have been sent in respect of threats against these persons to the Attorney-General’s Office. The Committee requests the complainant organizations to send their observations without delay. 70. The Committee regrets that the Government has sent no information on the other issues that remain pending since its last examination of the case and on the issues for which UNSITRAGUA has sent new information, and it urges the Government to send the information and observations requested on the following without delay: – with regard to the closure of the CARDIZ S.A. company following the establishment of a trade union in the company and the unlawful detention of the workers who remained on company premises to prevent the removal of company equipment, the Committee requests the Government to send information on the outcome of the legal proceedings under way; – with regard to the allegations concerning the kidnapping, assaults and threats against the trade unionists of the Santa María de Lourdes farm, Walter Oswaldo Apen Ruiz and his family, the Committee requests the Government to send its observations and to ensure that the safety of the trade union member, which has been threatened, is guaranteed; – with regard to the allegations relating to the murder of trade union members Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzáles, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm, the Committee urges the Government to send information in this respect without delay; – with regard to the murder of trade union member Baudillo Amado Cermeño Ramírez, the Committee requests the Government to send it a copy of the ruling handed down in this respect; – with regard to the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee requests the Government to keep it informed of progress in the negotiating committee on all the ongoing issues and on the new allegations presented by UNSITRAGUA; – with regard to the allegations of dismissal of the founders of the trade union formed in 1997 in the Hidrotecnia S.A. company, the Committee requests the Government to keep it informed of the investigation being carried out; – with regard to the Tamport S.A. company, the Committee requests the Government to inform it of the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure; – with regard to the Ace International S.A. assembly plant, the Committee requests the Government to send the judicial rulings handed down by the Appeals Court, the Supreme Court of Justice and the Constitutional Court rejecting the proceedings begun with regard to the serious allegations of discrimination and intimidation. |
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92. Finally, as regards the following cases, the Committee requests the governments concerned to keep it informed as soon as possible of any developments relating to these cases: - case examined for the last time in November 2002: 2140 (Bosnia and Herzegovina); - cases examined for the last time in March 2003: 2105 (Paraguay), 2192 (Togo); - cases examined for the last time in June 2003: 1955 (Colombia), 1962 (Colombia), 2127 (Bahamas), 2162 (Peru), 2169 (Pakistan), 2220 (Kenya); - cases examined for the last time in November 2003: 1826 (Philippines), 1854 (India), 2086 (Paraguay), 2132 (Madagascar), 2148 (Togo), 178 (Denmark), 2188 (Bangladesh), 2195 (Philippines), 2198 (Kazakhstan), 2225 (Bosnia and Herzegovina), 2233 (France), 2242 (Pakistan), 2250 (Argentina); - cases examined for the last time in March 2004: 1890 (India), 1937 (Zimbabwe), 1951 (Canada), 1952 (Venezuela), 1975 (Canada), 1996 (Uganda), 2027 (Zimbabwe), 2084 (Costa Rica), 2088 (Venezuela), 2096 (Pakistan), 2104 (Costa Rica), 2125 (Thailand), 2133 (The former Yugoslav Republic of Macedonia), 2141 (Chile), 2150 (Chile), 2158 (India), 2161 (Venezuela), 2164 (Morocco), 2166 (Canada), 2172 (Chile), 2173 (Canada), 2175 (Morocco), 2180 (Canada), 2181 (Thailand), 2182 (Canada), 2186 (China/Hong Kong Special Administrative Region), 2196 (Canada), 2208 (El Salvador), 2221 (Argentina), 2229 (Pakistan), 2230 (Guatemala), 2237 (Colombia), 2251 (Russian Federation), 2272 (Costa Rica), 2281 (Mauritius), 2284 (Peru), 2288 (Niger), 2291 (Poland), 2299 (El Salvador). 93. The Committee trusts that these governments will quickly provide the information requested. 94. In addition, the Committee has just received information concerning Cases Nos. 1965 (Panama), 1970 (Guatemala), 2017 and 2050 (Guatemala), 2048 (Morocco), 2103 (Guatemala), 2118 (Hungary), 2134 (Panama), 2146 (Serbia and Montenegro), 2204 (Argentina), 2227 (United States), 2234 (Mexico), 2243 (Morocco), 2252 (Philippines) and 2255 (Sri Lanka), which it will examine at its next meeting. |
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93. The Committee last examined this case at its March 2004 meeting [see 333rd Report, paras. 61-70]. On that occasion, the Committee made the following recommendations. – With regard to the La Exacta and/or San Juan El Horizonte farm, the Committee requests the Government to specify whether the amicable agreement signed on 24 October 2003 includes the reinstatement of the dismissed workers with regard to whom legal orders for reinstatement were issued, and to keep it informed of the outcome of the hearing of 16 January at the Ministry of Labour with the new owners and the workers’ representatives. – With regard to the dispute at the La Aurora National Zoological Park, which was lodged with the Arbitration Court, the Committee requests the Government to keep it informed of the legal ruling with regard to the arbitrator’s decision issued in December 2003, which was appealed by the company. – With regard to the allegations of the dissent from SITRACOBSA over the decision by the Ministry of Labour to cancel the suspension of the contracts of workers belonging to the legitimate trade union (SITECOBSA) of the Corporacíon Bananera S.A. company, the Committee requests the Government to send its observations with regard to the alleged suspension of employment contracts for workers belonging to the other trade union (SITECOBSA) without delay. – The Committee regrets that the Government has sent no information on the other issues that remain pending since its last examination of the case and on the issues for which UNSITRAGUA has sent new information, and it urges the Government to send the information and observations requested on the following without delay: – with regard to the closure of the CARDIZ S.A. company following the establishment of a trade union in the company and the unlawful detention of the workers who remained on company premises to prevent the removal of company equipment, the Committee requests the Government to send information on the outcome of the legal proceedings under way; – with regard to the allegations concerning the kidnapping, assaults and threats against the trade unionists of the Santa María de Lourdes farm, Mr. Walter Oswaldo Apen Ruiz and his family, the Committee requests the Government to send its observations and to ensure that the safety of the trade union member, which has been threatened, is guaranteed; – with regard to the allegations relating to the murder of trade union members, Messrs. Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzáles, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm, the Committee urges the Government to send information in this respect without delay; – with regard to the murder of trade union member, Mr. Baudillo Amado Cermeño Ramírez, the Committee requests the Government to send it a copy of the ruling handed down in this respect; – with regard to the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee requests the Government to keep it informed of progress in the negotiating committee on all the ongoing issues and on the new allegations presented by UNSITRAGUA; – with regard to the allegations of dismissal of the founders of the trade union formed in 1997 in the Hidrotecnia S.A. company, the Committee requests the Government to keep it informed of the investigation being carried out; – with regard to the Tamport S.A. company, the Committee requests the Government to inform it of the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure; – with regard to the Ace International S.A. assembly plant, the Committee requests the Government to send the judicial rulings handed down by the Appeals Court, the Supreme Court of Justice and the Constitutional Court rejecting the proceedings begun with regard to the serious allegations of discrimination and intimidation. 94. In its letters of 29 April 2004, with respect to the allegations concerning the CARDIZ S.A. company, the Government states that as the company is closed, the conduct and conclusion of the proceedings are suspended. 95. As regards the La Exacta farm, the Government states that the employers’ side did not attend the conciliation meeting set for 16 January 2004. Further meetings were arranged on 30 January and 6 and 21 April to initiate dialogue with the company and to try and find a viable solution to the industrial dispute. However, their representatives did not attend those meetings. The summons to the last meeting was subject to a warning that in the event of failure an administrative penalty would be applied to the company. 96. As regards the Ace International case, the Government states that as appropriate evidence was not submitted to the court of first instance, there was no possibility of doing so on appeal. An action for protection (amparo) was entered with respect to the proceedings in the Supreme Court of Justice, but this was ruled inadmissible as it was contrary to due process. 97. As to the Tamport case, the Government states that this is a collective action of a social and economic character conducted by the 5th Secretariat in the Labour and Social Security Court No. 7 in the first economic area, where the plaintiff is the Tamport S.A. Workers’ Union and the defendant is the Tamport S.A. company assembly plant. The dispute has three parts: the first concerns the collective dispute and on 15 March 2003, the parties were requested to nominate their representatives. The second concerns an incident of dismissal, the current state being that one of the parties has not complied with the preliminary decision of 7 November 2002. The third part consists of the illegal strike action and, in fact, the proceedings are still in progress. 98. As regards the Hidrotécnia S.A. case, the Government reports that the dispute began in 1997 when the workers formed a trade union, and as soon as the company was informed, it chose to dismiss the workers. In this respect, there is a matter of reinstatement. On 13 January 2004, a memorial was submitted ordering the extension of the embargo based on the certification by the General Property Registrar of the central zone to guarantee the sum owed by the employer in respect of wages. On 24 February 2004, a report was sent to the General Property Register asking whether the precautionary embargo order, which was necessary for reinstatement, had been implemented. 99. Concerning the murder of Mr. Baudillo Amado Cermeño Ramírez in December 2001, the Government reports that on 2 February 2004, the Attorney-General’s Office requested Lower Court No. 6 for criminal, drug trafficking and environmental crimes to reopen the case in order to continue the investigation. By a decision of 12 February 2004, the examining magistrate reopened the proceedings. The Government states that ballistic tests and information on certain telephone calls have been requested. 100. The Committee observes that the Government states with respect to the CARDIZ S.A. company, that as the company is closed, the conduct and conclusion of the proceedings are suspended. The Committee recalls, however, that the Government had previously reported that the Ministry of Labour had appointed lawyers from the Workers’ Defence Service to defend the employees’ interests in the collective proceedings in the competent courts. The Committee regrets the time that has elapsed since the start of proceedings in 2000, deplores that the proceedings have been halted and requests the Government to adopt the necessary measures to reopen and expedite these proceedings. 101. As regards the La Exacta and/or San Juan El Horizonte farm, the Committee notes that the Government reports that the new owners did not attend the conciliation meeting set for 16 January 2004 or those arranged subsequently and that the summons to the last meeting was subject to an administrative sanction. The Committee regrets the lack of cooperation by the company’s new owners in initiating a dialogue with the workers’ representatives and requests the Government to adopt the necessary measures to ensure that the parties engage in a dialogue to resolve the industrial dispute. The Committee observes that the Government has not specified whether the new amicable settlement concluded on 24 October 2003 includes the reinstatement of the dismissed workers in respect of whom the courts had ordered reinstatement and requests the Government it keep it informed in this respect. 102. With regard to the Ace International S.A. assembly plant, the Committee notes the Government’s explanations that as appropriate evidence was not submitted to the court of first instance, there was no possibility of doing so on appeal. The Committee observes that although an action for protection (amparo) was entered with respect to the proceedings in the Supreme Court of Justice, it was ruled inadmissible as the application for protection was contrary to due process. The Committee takes note of this information. 103. With regard to the Tamport S.A. company, the Committee had requested the Government to inform it of the legal proceedings under way to protect the money owed to UNSITRAGUA members who were dismissed because of the company’s closure. The Committee notes the concise information sent by the Government according to which in the proceedings concerning the industrial dispute on 15 March 2003, the parties had been requested to appoint their representatives and requests the Government to inform it of the results of those proceedings. 104. As regards the allegations concerning the dismissal of the founders of the trade union formed in 1997 in the Hidrotécnia S.A. company, the Committee noted the information sent by the Government concerning the judicial process of reinstatement in the course of which, on 13 January 2004 a memorial was submitted ordering the extension of the embargo based on the certification by the General Property Registrar of the central zone to guarantee the sum owed by the employer in respect of wages. On 24 February 2004, a report was sent to the General Property Register asking whether the precautionary embargo order, which was necessary for reinstatement, had been implemented. The Committee regrets the time elapsed since the dismissals and requests the Government to adopt the necessary measures to expedite the proceedings so that the workers can achieve reinstatement in their jobs in the near future without loss of wages or, if reinstatement is not possible, they can receive full compensation. 105. Concerning the murder of Mr. Baudillo Amado Cermeño Ramírez in December 2001, the Committee notes that the Government reports that, in a decision of 12 February 2004, the examining magistrate reopened the proceedings. The Government states that ballistic tests and information on certain telephone calls were requested. The Committee requests the Government to send the decision made in that respect. 106. The Committee regrets that the Government has not sent information on the other questions pending from the last examination of the case and on which UNSITRAGUA has sent new information, and urges the Government to send the requested information and observations without delay: – with regard to the dispute at the La Aurora National Zoological Park, which was lodged with the Arbitration Court, the Committee requests the Government to keep it informed of the legal ruling with regard to the arbitrator’s decision issued in December 2003, which was appealed by the company; – with regard to the allegations of the dissent from SITRACOBSA over the decision by the Ministry of Labour to cancel the suspension of the contracts of workers belonging to the legitimate trade union (SITECOBSA) of the Corporacíon Bananera S.A. company, the Committee requests the Government to send its observations with regard to the alleged suspension of employment contracts for workers belonging to the other trade union (SITECOBSA) without delay; – with regard to the allegations concerning the kidnapping, assaults and threats against the trade unionists of the Santa María de Lourdes farm, Mr. Walter Oswaldo Apen Ruiz and his family, the Committee requests the Government to send its observations and to ensure that the safety of the trade union member, which has been threatened, is guaranteed; – with regard to the allegations relating to the murder of trade union members, Messrs. Efraín Recinos, Basilio Guzmán, Diego Orozco and José García Gonzáles, the injuries to 11 workers and the detention of 45 workers of the La Exacta and/or San Juan El Horizonte farm, the Committee urges the Government to send information in this respect without delay; – with regard to the dispute involving the Banco de Crédito Hipotecario Nacional, the Committee requests the Government to keep it informed of progress in the negotiating committee on all the ongoing issues and on the new allegations presented by UNSITRAGUA. |
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142. Finally, as regards the following cases, the Committee requests the governments concerned to keep it informed of any developments relating to these cases.
143. The Committee hopes that these governments will quickly provide the information requested. 144. In addition, the Committee has just received information concerning the follow-up of Cases Nos. 2006 (Pakistan), 2017 (Guatemala), 2048 (Morocco), 2050 (Guatemala), 2088 (Venezuela), 2097 (Colombia), 2109 (Morocco), 2111 (Peru), 2118 (Hungary), 2125 (Thailand), 2134 (Panama), 2138 (Ecuador), 2171 (Sweden), 2182 (Canada), 2188 (Bangladesh), 2208 (El Salvador), 2211 (Peru), 2215 (Chile), 2216 (Russian Federation), 2221 (Argentina), 2251 (Russian Federation), 2284 (Peru), 2289 (Peru), 2291 (Poland), 2296 (Chile), 2299 (El Salvador), 2301 (Malaysia), 2304 (Japan), 2305 (Canada), 2308 (Mexico), which it will examine at its next meeting. |
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77. The Committee last examined these cases at its November 2004 meeting [see 335th Report, paras. 93-106]. On that occasion, the Committee made the following recommendations:
78. In communications dated 4 November and 2 December 2004 and 19 January and 16 March 2005, the Government states:
79. Lastly, the Committee regrets that the Government has not sent the requested information on the other pending issues. The Committee asks the Government to send the following information without delay:
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343. Finally, the Committee requests the governments concerned to keep it informed of any developments relating to the following cases.
344. The Committee hopes that these governments will quickly provide the information requested. 345. In addition, the Committee has just received information concerning the follow-up of Cases Nos. 1937 (Zimbabwe), 1996 (Uganda), 2017 (Guatemala), 2027 (Zimbabwe), 2050 (Guatemala), 2084 (Costa Rica), 2086 (Paraguay), 2097 (Colombia), 2104 (Costa Rica), 2118 (Hungary), 2153 (Algeria), 2156 (Brazil), 2171 (Sweden), 2188 (Bangladesh), 2199 (Russian Federation), 2208 (El Salvador), 2211 (Peru), 2214 (El Salvador), 2215 (Chile), 2217 (Chile), 2227 (United States), 2236 (Indonesia), 2237 (Colombia), 2249 (Bolivarian Republic of Venezuela), 2255 (Sri Lanka), 2272 (Costa Rica), 2291 (Poland), 2297 (Colombia), 2299 (El Salvador), 2301 (Malaysia), 2327 (Bangladesh), 2328 (Zimbabwe), 2336 (Indonesia), 2338 (Mexico), 2340 (Nepal), 2371 (Bangladesh) and 2395 (Poland), which it will examine at its next meeting. |
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98. The Committee last examined these cases at its June 2005 meeting [see 337th Report, paras. 77-79]. On that occasion:
99. In communications dated 20 July and 31 August 2005, the Government made the following observations:
100. Lastly, the Committee regrets that the Government has not communicated the observations requested on the other pending issues. Under these circumstances, the Committee asks the Government to send without delay the requested information on the allegations concerning murder, acts of violence, detention of trade union members and acts of anti-union discrimination at the Banco de Crédito Hipotecario Nacional, the Tamport S.A. company and the La Exacta and/or San Juan El Horizonte farm. |
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Request for follow-up information 204. Finally, the Committee requests the governments concerned to keep it informed of any developments relating to the following cases.
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