Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Guatemala (Ratification: 1952)

The Committee notes the Government's report, the information supplied by the Government representative to the Conference Committee on the Application of Standards in June 1996 and the discussions which took place in that Committee.

The Committee wishes to recall that its previous comments referred to:

- the strict supervision of trade union activities by the Government (section 211(a) and (b) of the Labour Code);

- the requirement of Guatemalan nationality in order to form part of the provisional founding executive committee of a trade union or to be eligible for trade union office (new paragraph (d)) of section 220 and section 223(b));

- the requirement of a sworn statement from members of the provisional founding executive committee of a trade union to the effect that, amongst other matters, they have no criminal record and are active workers within the enterprise or are working on their own account (new paragraph (d) of section 220);

- the requirement that candidates must be active workers at the time of election and that at least three of them must be able to read and write (section 223(b));

- the requirement of a majority of two-thirds of the workers in the enterprise or production centre (section 241(c)) and of the members of a trade union (section 222(f) and (m)) for the calling of a strike;

- the prohibition of strikes or work stoppages by agricultural workers at harvest time, with a few exceptions (section 243(a) and 249);

- the prohibition of strikes or work stoppages by workers in enterprises or services in which the Government considers that a suspension of their work would seriously affect the national economy (sections 243(d) and 249);

- the possibility of calling upon the national police to ensure the continuation of work in the event of an unlawful strike (section 255);

- the detention and trial of persons who call for an illegal strike (section 257);

- the sentence of one to five years' imprisonment for persons who carry out acts intended not only to cause sabotage and destruction (which do not come within the scope of the protection provided by the Convention), but also to paralyse or disturb the functioning of enterprises contributing to the development of the national economy, with a view to jeopardizing national production (section 390, paragraph 2, of the Penal Code).

The Committee takes due note that, in accordance with the Government's indications, almost all the questions raised in the Committee of Experts' comments will be submitted for consideration to the already existing Tripartite Committee on International Affairs for the purpose of formulating a Bill. The Committee also takes note that the Government requests ILO collaboration to this effect.

The Committee once again expresses the firm hope that, in drawing up the Bill, the Tripartite Commission will take into account at an early date the comments previously made and that in its next report the Government will supply information on the specific measures adopted to bring both legislation and practice into conformity with the requirements of the Convention.

The Committee requests the Government to send in a detailed report on the specific measures adopted in this respect.