An ITF/ITUC mission has just returned from Guatemala where it investigated the murder of trade union leader Pedro Zamora and the use of terror against the port workers union of Puerto Quetzal.
The executive summary of the mission’s report Murder with Impunity in Puerto Quetzal says:
‘On the evening of 15 January 2007 Pedro Zamora had collected his young sons from a local clinic in his home near Puerto Quetzal.
‘He was driving them home in the narrow roads of the community, when his car was met by a hail of bullets.
‘Pedro Zamora died apparently trying to shield his children, in this he succeeded.
‘Pedro Zamora was the General Secretary of (in full) STEPQ, the port workers union in Puerto Quetzal on the Pacific coast.
‘The union is affiliated to the International Transport Workers Federation (ITF).
‘The murder took place after many months of bitter industrial conflict over management plans to restructure the port.
‘Prior to his murder Pedro Zamora had received frequent death threats, including warnings to step down as General Secretary of STEPQ.
‘On a number of occasions cars containing armed men were seen outside his house.
‘Conflict continued at the port, including the dismissal on 10 October 2006 of nine union members for taking part in mass assemblies.
‘Later that month armed troops were brought into the port.
‘The ITF wrote to the Guatemalan President Óscar Berger Perdomo on 20 October 2006 to express concern at the use of troops in the port and at reports of further death threats to Pedro Zamora.
‘Despite the seriousness of the situation no response was ever received.
‘Following Pedro Zamora’s murder, the ITF and it’s the ITUC and their affiliates sent hundreds of protest letters, calling for a full investigation and for the protection of other union leaders.
‘No response was ever received to these protests.’
Among the report’s main observations and conclusions are: ‘The mission had serious concerns about the investigation of the murder by the police at both local and regional level.
‘Interviews noted among other things the inability of the police to secure the crime scene, the contamination of evidence, the failure to adequately gather and record material evidence, or take witness statements.
‘According to their own account, the police lack equipment, personnel, and training.
‘The mission had particularly serious concerns about the determination of the police to consider one line of investigation only, that of a domestic family quarrel, despite little credible evidence for such a motive, and refusing to take into account all the evidence of previous threats to Pedro as a result of his work in the union.
‘The Ministerio Público special attorneys for the investigation of crimes against journalists and trade unionists (Fiscalía de Delitos contra Periodistas y Sindicalistas), is currently the main agency in charge of the investigation.
‘They placed great stress on recognising the background of his role as a union leader, and on the fact that they are collecting statements from members of the port management.
‘Their investigation appears to be more thorough than that of the police. They also recognise that there have been many deficiencies in the investigation of the case.
‘This meeting came after the Mission had expressed its serious concerns to the President of the Congressional Commission on Human Rights and the Vice president of the Congress.
‘These investigators insist that the forensic evidence shows no bullet wounds in the head.
‘This goes directly against the accounts of several witnesses, including a paramedic, who accompanied Zamora’s body to the hospital, who say that he had been shot at close range in the head.
‘The MP investigators admitted, however, they have at no time ever seen or examined the body of Pedro Zamora, nor had they visited the scene of the crime.
‘They are working solely off the forensic reports and photographs that have been given to them.
‘The style of the killing is critical to assessing possible reasons for the murder.
‘The mission is obtaining new witness statements on this matter and may seek to put further questions about the forensic report. The union and family members say they are ready to consider making an application for an exhumation.
‘The rapid shifting of jurisdiction of the case appears to be accompanied by lack of coordination and sharing of information between different investigating agencies.
‘Some of this is explained by the lack of trust which exists between them. Both the police and the MP investigators complain that potential witnesses in the community are too scared or distrustful to give them statements.’
The mission said that local and UN human rights organisations ‘described to the mission a general state of impunity existing in the country in which few cases of murder or assassination are ever investigated properly, or ever reach a trial.’
The report adds: ‘Unfortunately, while pressure from the mission may have had some effect, the case is likely to be the same for the murder of Pedro Zamora.
‘The union board members and their families are still receiving death threats and remain in fear of their lives.
‘Despite this they remain strongly committed to their struggle. The government has not offered any form of protection to them. There must be concern for the safety of these union leaders particularly after the departure of the mission.
‘There are nine union members who were dismissed on 10 October 2006 for taking part in legitimate trade union activities during the dispute. They also have some fears for their safety
‘The Mission believes that the re-instatement of these dismissed workers would be of great assistance in moving towards the restoration of an atmosphere of normalcy at the port.
‘An invitation made by the Mission directly to the president of the port’s board of management to take this step was, however, not taken up.
‘The management should also commit itself to meaningful dialogue on the future of the port.
‘The labour attaché at the US Embassy promised to go this week to Puerto Quetzal to talk to the workers and try to mediate and get the nine workers reinstated.’
The ITF/ITUC mission warned: ‘We should also note that during the time of the visit of the mission, the Minister of State (Ministerio de Gobernacios) publicly attacked trade unions urging that they should be banned, in violation of the ILO Conventions on Freedom of Association which Guatemala has signed.’
The report says: ‘It is vital that the global trade union campaign launched in protest at the murder of Pedro Zamora should be continued and expanded to support STEPQ and its leaders whose lives remain under threat.
‘This campaign should harness international dockers solidarity, as well as a wider international union campaign.
‘This campaign should also demand reinstatement without conditions of the nine union members dismissed as a result of victimisation.
‘It should call on the government and the port management to guarantee the safety of all union members, and enter meaningful negotiations with the union on the future of the port.’
It adds: ‘Pressure should be put on key port users such as Chiquita and Maersk. This should be raised with the IUF and the ITF Maersk International Network.’
It says further: ‘International union pressure should be directed at the United States, the European Union and government aid donors such as Spain and Norway to put pressure on the government.
Embassy missions should be encouraged to visit Puerto Quetzal.
‘The campaign around Puerto Quetzal should be used to draw attention to the wider struggle for trade union and human rights in Guatemala.’
Members of the ITF/ITUC mission were: Stuart Howard, Assistant General Secretary ITF; Manuela Chavez (ITUC); Frank Leys, ITF Dockers Section Secretary; Antonio Fritz ITF Americas Regional Secretary, Amanda Villatoro (ITUC-ORIT), Tim Beaty, International Brotherhood of Teamsters (United States), Rob Wayss, AFL-CIO (United States); Rebecca Madsen, CCOO (Spain); Jose Maria Fernandez ISCOD/UGT (Spain); Francisco Torrealba ITF National Coordinator (Venezuela).
