Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the Government's report and recalls its previous comments which referred to the following points:

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

-- limiting the possibility of participating in the establishment of a provisional trade union executive committee or to be elected a trade union official to Guatemalan nationals (new paragraph, sections 220(d) and 223(b));

-- the requirement for the members of the provisional trade union executive committee to make a sworn statement to the effect that, amongst other matters, they have no criminal record and that they are active workers in the enterprise or self-employed workers (new paragraph (d) of section 220);

-- the requirement of being active workers at the time of election and that at least three are able to read and write (section 223(b));

-- the obligation to obtain a two-thirds majority of the workers of the enterprise or workplace (section 241(c)) and of the members of a trade union (section 222(f) and (m)), to be able to declare a strike;

-- the prohibition of a strike or suspension of work by agricultural workers during the harvests, with several exceptions (sections 243(a) and 249);

-- the prohibition of a strike or suspension of work by workers of enterprises or services, whose interruption would, in the Government's opinion, seriously affect the national economy (sections 243(d) and 249);

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

-- the detention and trial of persons who try to publicly call an illegal strike or suspension of work (section 257);

-- the imposition of a prison sentence ranging from one to five years for persons who carry out acts intended not only to cause sabotage or destruction (which do not come within the scope of the protection offered by the Convention), but also to paralyse or disrupt the functioning of enterprises which contribute to the economic development of the country with a view to jeopardizing national production (section 390(2) of the Penal Code);

-- the imposition of compulsory arbitration without the possibility of having recourse to strike action in public services which are not essential services in the strict sense of the term, in particular public transport and services related to the supply of fuel (section 4(d) and (e) as amended by Order 35-96 of 27 May 1996).

With regard the last point, the Committee notes with interest that the Government, in accordance with its indications in its report, will begin to analyse the services which are not considered essential by the ILO supervisory bodies, for the purpose of the exercise of the right to strike.

The Committee also notes that, in accordance with the Government's statement in its report, almost all of the points raised by the Committee of Experts were submitted for consideration to the Tripartite Committee on International Affairs in April 1997 for the purpose of formulating a Bill, but that a consensus was not reached on the points which should be the subject of reforms. The Committee regrets the internal difficulties that have prevented the Tripartite Committee from meeting and obtaining a tripartite agreement in respect of the legislative amendments proposed by the Committee of Experts.

The Committee again expresses the firm hope that the Tripartite Committee will meet in the near future and will reach an agreement on the Bill which takes into account all the comments made. The Committee again hopes that in its next report the Government will inform it of the concrete measures adopted to bring both its law and practice into conformity with the requirements of the Convention.

The Committee requests the Government in its next report to inform it of the specific measures adopted in this respect.