Human Rights Defenders
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Urgent Action: Support Unionists Fired from Bottled Water Company
NISGUA, ADA, and PAQG
9/18/2008

In early May, a group of employees of Agua Salvavidas, a purified water distribution company owned by the Castillo Brothers Corporation, were illegitimately fired after forming the Peten Distributor Employees Union (SITRAPETEN).  The union members consequently set up an encampment in front of the company's headquarters to raise awareness about the labor violations and to demand reinstatement.  Throughout the official negotiations process set up in response to a complaint filed by SITRAPETEN at the Ministry of Labor, the company's representatives have attempted to delay resolution while refusing to recognize the labor violations committed. The company has also tried to demoralize the union members and pressure them into withdrawing their demands. 

BACKGROUND INFORMATION
A number of companies owned by the Castillo Brothers Corporation, which controls a large sector of the beverage industry inGuatemala, have a history of union-breaking policies.  Among other assets, the Castillo Brothers Corporation owns the national Pepsi distributor, Super Cola, Del Frutal juices and six out of eight national beers.

The group of Peten Distributor employees started the unionization process in February of 2007 in an effort to strengthen their bargaining position in demanding compliance with Guatemalan labor laws.  Although the Ministry of Labor rejected the workers' attempts to register the union on five separate occasions, stating that the paperwork was incorrect, the union was officially approved in May of this year after the sixth attempt.

On May 3, just days after the union was officially approved, company representatives met with employees to insist that they resign from Peten Distributor because the company had declared bankruptcy.  The company told workers that they would be transferred to other companies, but made clear that this offer did not apply to SITRAPETEN affiliates. Union
members therefore refused to sign the letter of resignation.  The union members maintain that the company failed to follow the legal procedure for declaring bankruptcy and violated the labor code.

After leaving the meeting, the group of SITRAPETEN affiliates went to the company's headquarters and blocked the entrance to prevent the company from transporting materials through the front gate.  Private security guards surrounded the workers, attacking them with batons and pipes and threatening them with guns.  A number of affiliates were injured.  Security guards also forced ten of the affiliates inside the company's headquarters where they were held captive until midnight when anti-riot police arrived to help the security guards remove them from the premises.

Following the confrontation, a group of SITRAPETEN members set up an encampment outside the company's headquarters as a means of defending their right to organize, protesting their dismissal and demanding reinstatement.  Since starting their protest, SITRAPETEN members have received intimidating phone calls pressuring them to withdraw from union activity and have also documented attempts to bribe union affiliates. The members have also noted cars without license plates and with tinted windows slowly circling their encampment.  In order to raise the profile of the case and to pressure the government to act, the union moved the encampment to the plaza in front of the National Palace on September 1.

On the night of September 9, two armed men approached the group gathered under the tent at the encampment.  One of the armed men said, "You better leave here because if you don't, things will get ugly."

In a prior incident, a member of SITRAPETEN was shot in June while in front of a store near his home and later died as a result of the injury.   In August, two men on a motorcycle threw a tear gas grenade at another affiliate while driving past him.  There is no proof to directly link these incidents to the union's protest, but some sources have indicated
that they could be related.  The Attorney General's Office has yet to provide results in the investigation of these two incidents.

In general, the intimidation of SITRAPETEN members does reflect a national pattern of rising attacks against union members.  The Human Rights Defenders Unit (UDEFEGUA) registered 43 attacks during the first half of this year, identifying trade unionists as the category of human rights defender most often attacked.  According to UDEFEGUA, "the
aggression against union members has no precedent and should generate an immediate outcry of condemnation and calls for prevention."

RECOMMENDED ACTION: SEND APPEALS IN ENGLISH OR SPANISH (SEE SAMPLE LETTER)

* Expressing concern for the members of SITRAPETEN and the fact that
they have been pressured to withdraw from union activity.

* Denouncing the union members' illegitimate dismissal and the company's
failure to follow the legal procedures for declaring bankruptcy.

* Noting the violation of the right to free association as established
in national and international law.

* Urging the administration of President Alvaro Colom to protect union
members and to guarantee respect for labor rights.

* Urging the government to comply with commitments to uphold certain
labor rights standards as stipulated in the DR-CAFTA negotiated with the
United States and the association agreement between Central America and
the European Union.

PLEASE CONTACT:

* Minister of Labor, Edgar Rodriguez, 7a Avenida 3-33, zona 9 , Ciudad
de Guatemala erodriguez@mintrabajo.gob.gt, ministro@mintrabajo.gob.gt

* President Alvaro Colom Caballeros, Casa Presidencial, 6 a. Avenida,
4-18 zona 1, Ciudad de Guatemala, E-mail:
cbarrientos@presidencia.gob.gt. Fax: +502.221.44.23; + 502.238.35.79.

* Attorney General, Jose Amilcar Velasquez Zarate,  15 Avenida 15-16 zona 1, Barrio Gerona, 8o nivel, Ciudad de Guatemala. E-mail:
fiscalgeneral@pm.lex.gob.gt  / fdguatemala@mp.lex.gob.gt    Fax: + 502.2411-9124/ + 502.2411

* Agua Pura Salvavidas, Castillo Brothers Corporation:3a avenida Norte
final Finca El Zapote, zona 2, garita No. 1, Cuidad Guatemala, Apartado
Postal: 65 Guatemala Fax: 00(502) 2289.1555, 2289.1666 extension 104936

PLEASE SEND COPIES TO:

* Human Rights Ombudsman (PDH), Doctor Sergio Fernando Morales Alvarado,
12 Avenida 12-72, zona 1, Ciudad de Guatemala, Fax:+ 502.238.17.34 E-
mail: gmasariegos@pdh.org.gt / opdhg@intelnet.net.gt / mhernandez@pdh.org.gt

* Presidential Human Rights Comision (COPREDEH), Licenciada Ruth del
Valle, E-mail: copredeh@copredeh.gob.gt ; 2a Avenida 10-50 Zona 9,
Ciudad de Guatemala, FAX:+ 502.2334.0119

* FESTRAS, Agua Pura Salvavidas Union Case, SITRAPETEN, E-mail:
festras@gmail.com ; Fax: + 502.2251.8091


SAMPLE LETTER

[ADDRESSEE]

I write you today to express my concern for the members of the Peten Distributor Employees Union (SITRAPETEN) who were illegitimately fired in May of this year and have faced intimidation since they established am encampment to demand their reinstatement.  In particular, I am concerned that the Castillo Brothers Corporation failed to follow the legal procedure for declaring bankruptcy and also violated the employees' right to free association.

I am also extremely concerned that, as a result of their efforts to demand their reinstatement, SITRAPETEN affiliates have been intimidated and pressured to desist from union activity.  Members have reportedly been physically attacked by security guards, received intimidating phone calls and noticed cars without licenses plates circling their encampment.

In the face of increasing attacks on trade unionists, I ask that the State of Guatemala act to guarantee the safety of the SITRAPETEN affiliates and other trade unionists facing threats and intimidation.

I urge the state institutions to protect the right to free association and other labor rights as stipulated in Guatemalan and international law.  In addition, I ask that the state comply with the labor standards outlined in trade agreements such as the Dominican Republic-Central America Free Trade Agreement.

Sincerely,

[NAME]

[ADDRESS]