Guatemala: repeated harassment and attacks against workers of the El Arco farm

Case GTM 270103. 2 ESCR
Follow-up of Case GTM 270103. ESCR
Economic, Social and Cultural Rights Concern
Attempt killing/Harassment/Labour rights/Right to food

Geneva, June 27, 2003

The International Secretariat of OMCT has received new information regarding the following situation in Guatemala.

New information

The International Secretariat of OMCT has been informed by the Latino American Commission for the Rights and Freedoms of the Workers and Peoples (CLADEHLT), a member of the OMCT network, of the repeated harassment and attacks against workers of the El Arco farm by the farm’s owners on June 1st and June 5th 2003, in Guatemala.

According to the information received, on Sunday 1st June 2003, at about 11:30 pm, Mr. Jesús Salazar Pivaral, the owner of the El Arco farm, along with his wife, Mr. Miguel Ángel Noriega and other individuals, came into the farm armed with firearms, shooting at the workers that were there, endangering pregnant women’s lives, children and elderly people who, in order to safeguard their physical integrity, took shelter in the coffee plantations, during a heavy rainstorm. It is reported that a complaint concerning these events was filed to the Ministerio Público (Public Prosecutor’s Office).

Later, on Thursday 5th June 2003, at around 10:00 am, Mr. Salazar reportedly once again attacked the farm workers. He allegedly insulted and violently hit an old woman and ran after other persons with the intention of attacking them. It is reported that he said he was not afraid of the Policía Nacional Civil (National Police), nor of the Ministerio Público (Public Ministry). According to the information received, both authorities were informed about this fact.

OMCT is very concerned about the physical and psychological integrity of the workers of the El Arco farm who, in addition to the direct attacks by the owner of the farm, have also reportedly received death threats.


Brief reminder of the situation

On January 17th 2003, at around 6.00 pm, the owner of El Arco Farm, Jesus Salazar Pivaral, fired 2 bullets at his 59 years old worker Marcos Alvarez Tzoc. It is reported that Mr. Salazar shot two bullets at his worker Marcos Alvarez Tzoc after having discovered that he was selling bananas. Mr. Salazar reportedly started to insult and beat Marcos Alvarez Tzoc, took his gun and shot at him twice, hitting him in the head. It is reported that after having been held during approximately 7 hours in Mr. Salazar's office, Marcos Alvarez Tzoc was eventually transported to the National Hospital of Mazatenango.

According to the information received, Marcos Alvarez Tzoc was selling bananas in order to get enough money to feed him. It is reported that the majority of the workers employed by Mr. Salazar on El Arco Farm are suffering from hunger because they don't have enough resources to by food for themselves and their families.

Following this event, Mr. Salazar has reportedly been exercising pressure on Marcos Alvarez Tzoc and his family for them to declare that he is not the one who fired the two bullets. In this respect, it is reported that Mr. Mr. Jesus Salazar Pivaral also declared to the judge in charge of the case that he is not the one who fired at Marcos Alvarez Tzoc.

Mr. Salazar is reportedly constantly harassing and repressing his employees, he fails to pay them the minimum wages and to provide them with other benefits that they are entitled to receive by law, including holidays.


Action requested:

Please write to the authorities in Guatemala urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of the El Arco farm workers;

ii. guarantee an immediate investigation into the circumstances of these events, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;

iii. guarantee adequate reparation to all injured persons;

iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.



Addresses:

Lic. Alfonso Portillo, Presidente de la República - E-mail: mensajes@presidenteportillo.gob.gt; Fax: 502 239 0090

Dr. Sergio F. Morales Alvarado, Procurador de los Derechos Humanos – Fax: 502 238 1734; E-mail: opdhg@internet.net.gt

Lic. Carlos D. De León Argueta, Fiscal General y Jefe del Ministerio Público – Fax: 502 221 2718; E-mail: minpub@mp.lex.gob.gt

Lic. Víctor Moreira, Ministro de Trabajo – Fax: 503 230 1363 E-mail: ministro@mintrabajo.gob.gt

Lic. Luis A. Pañagua G., Director de la Policía Nacional Civil – Fax: 502.251-9382

Please also write to the embassies of Guatemala in your respective country.

Geneva, June 27, 2003

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.