Murder with Impunity in Puerto Quetzal
The ITF/ITUC mission report on the murder of Pedro Zamora and the use
of terror against the port workers union of Puerto Quetzal
EXECUTIVE SUMMARY
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.
Against this background and in response to urgent requests from the STEPQ union
leaders, the ITF and ITUC organised an international trade union mission to
Guatemala between 28 January and 2nd February with the following primary
objectives:
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To gather information on the circumstances of Pedro Zamora’s murder, and its
investigation; and to press for the perpetrators to be found and brought to trial.
To consult with the unions about the safety of other STEPQ leaders and to
assess what practical measures might be taken to protect them.
To help move towards a calmer and safer environment for industrial dialogue
at the port with an end to victimisation of union members, and to press for the
reinstatement of the 9 illegally dismissed workers
The mission began by meeting with Pedro Zamora’s family, and visiting his grave.
The mission held meetings with the union board members, the Ombudsman for
Human Rights of Iztapa, the president of the board of Puerto Quetzal, the Municipal
Attorney for Puerto San José, the National Police in Iztapand the Police of Escuintla.
It also addressed a mass meeting at the port. During this time it witnessed both the
sadness of Pedro Zamora’s loss among his family and colleagues and the enormous
courage and determination of a group of union leaders who know their lives are at
great risk but who are determined to maintain their struggle.
In enquiring into the investigation of Pedro Zamora’s murder, vital assistance was
received from the Procuradoría for Human Rights in Guatemala City who provided an
armed escort throughout the conduct of the mission. Without this assistance the work
of the mission would not have been possible. In turn the local procuradores
(ombudsmen) for human rights were able to gain access to investigating agencies by
accompanying the mission which would have been much more difficult for them
otherwise. The mission managed to conduct interviews all along the line of
investigation with local and regional police, with local and national officials of the
Ministerio Público. Most of these interviews were recorded on videotape.
In raising its concerns over the murder of Pedro Zamora, the current threats to the
safety of the other union leaders, and the victimisation of nine dismissed union
members, and in gaining further background information , the mission held meetings
with the President of the Congressional Commission on Human Rights, the Vice
president of the Congress, the Congress representative of the region; a current
presidential candidate; the UN High Commission on Human Rights; the US embassy;
the Spanish embassy and the Central American Bank for Economic Integration.
The mission was reported by SuperCadenas (radio and web) La Prensa
Libre,Telediario and Radio Sonora in Guatemala. and the mission and the ITF's
campaign were widely reported in the UK, Spain, El Salvador, Argentina, Denmark,
Norway and New Zealand
While there are a number of tasks still to be followed up and it is possible further
information may be forthcoming, we believe it important to put forward a number of
initial conclusions and recommendations from the mission.
Main observations and conclusions
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.
Severe weaknesses in these agencies are widely recognised by most observers,
including the Deputy Ombudsman for Human Rights (Procuradora Adjunta de los
Derechos Humanos) and the UN Human Rights Commission, and were repeated to us
often. These bodies 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. 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 toPuerto
Quetzal to talk to the workers and try to mediate and get the 9 workes reinstated.
The mission received assistance from other unions in Guatemala, in particular the
civil aviation union (USTAC), the Federation of Food workers and Coca Cola union
(FESTRAS), and the energy union. The trade union centres, CUSG and CGTG
participated in some of the meetings, as well as the social movement UASP. It was
stressed by these unions and many other organisations, that Pedro Zamora’s case had
become of major national significance, and that the visit of the mission was extremely
welcome and helpful to the wider struggle to protect union and human rights in the
country. This was also expressed by the authorities and human rights bodies.
We should also note that during 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.
Main recommendations
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.
Union leaders who feel at risk of their lives should be assisted to use the official
processes of seeking protection provided by the Procuradoría (Ombudsman) for
Human Rights and the InterAmerican Human Rights Commission .
The ITF and the ITUC should pursue the ILO Complaint they have made against the
Government of Guatemala. The mission will brief the ILO Mission to Guatemala
planned for February 2007.
Solidarity missions by individual unions or groups of unions should be sent to Puerto
Quetzal to demonstrate that international attention remains and to provide practical
and moral solidarity with the union. These need to be taken with appropriate security
measures and in close coordination with the ITF and ITUC.
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.
A campaign should be mobilised for an investment “cordon sanitaire” around the
funding of port restructuring at Puerto Quetzal. This should be targeted at bodies such
as the Central American Bank for Economic Integration, the World Bank, the
European Union and national governments, most of whom actively promote port
restructuring in Guatemala.
An international campaign should also focus on trade agreements. The port
restructuring relates closely to Guatemalan membership of CAFTA, while the EU
offers various preferential trade arrangements. There should be an insistence on
linking these agreements to provisions on international labour standards.
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. Links should be made with
human rights organisations such as Amnesty International and Human Rights Watch
as well as Guatemala solidarity campaigns.
There should be regular information updates on the conflict at Puerto Quetzal. The
campaign should be promoted in the journals and websites of individual unions and in
the wider media.
Members of the mission: 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).