COMPLAINT (article 26) - 2012 - GUATEMALA - C087

Delegates to the 101st Session (2012) of the International Labour Conference

Closed

Complaint concerning non-observance by Guatemala of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), made by delegates to the 101st Session (2012) of the International Labour Conference under article 26 of the ILO Constitution

Decision

1. In view of the report of the tripartite mission that visited Guatemala from 26 to 29 September 2018, taking note, on the one hand, of the significant contribution of the National Tripartite Committee on Labour Relations and Freedom of Association to more mature and constructive social dialogue and of the agreement reached by the national tripartite constituents on the principles that should guide the legislative reforms aimed at ensuring conformity with ILO Conventions Nos 87 and 98, and, on the other hand, of the need to pursue the efforts undertaken so as to ensure that the positive process of social dialogue leads to a comprehensive/effective and sustained implementation of the roadmap, and in light of the progress achieved and of the matters remaining to be resolved, the Governing Body:
   • (a) declared closed the procedure initiated under article 26 of the ILO Constitution concerning the abovementioned complaint;
   • (b) firmly called on the Government, the Guatemalan social partners and the other relevant public authorities, with the support of the IOE and the ITUC, and the technical assistance of the Office, to elaborate and adopt legislative reforms that fully comply with point 5 of the roadmap;
   • (c) firmly called on the Government, together with the Guatemalan social partners, and with the technical assistance of the Office, to continue to devote all the efforts and resources necessary to achieve a sustained and comprehensive implementation of the other aspects of the roadmap;
   • (d) established that, in line with the National Tripartite Agreement of November 2017, the Government of Guatemala would report on the further action taken at the Governing Body sessions of October–November 2019 and October–November 2020;
   • (e) requested the Office to implement without delay a robust and comprehensive technical assistance programme to ensure the sustainability of the current social dialogue process as well as further progress in the implementation of the roadmap; and
   • (f) encouraged the international community to contribute to this technical assistance programme by providing the necessary resources.

1. (Document GB.334/INS/9(Rev.), October 2018)