Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Forced Labour Convention, 1930 (No. 29) - Guatemala (Ratification: 1989)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

1. Article 2, paragraph 1, of the Convention. Legal definition of forced labour. With reference to its previous direct requests related to the definition of "forced labour", the Committee notes the Government’s statement that it is not necessary to introduce explicitly in the law the definition of forced labour, since the definition contained in Article 2 of the Convention has been incorporated into the statutory law of the country through the relevant provisions of the Constitution and therefore forms part of the minimum rights which shall be enjoyed by all workers in Guatemala. Having regard to the Government’s statement, the Committee requests the Government to supplement the information provided, with an indication of the manner in which the persons concerned are informed about the general prohibition of forced labour and the definition of forced labour set out in the Convention, so that they are informed about what actions are forbidden.

2. Article 2, paragraph 2(b). Normal civic obligations of citizens. The Committee has previously noted that article 135 of the National Constitution lays down that it is the right and duty of Guatemalan nationals to work for civic, cultural, moral, economic and social development. The Committee notes the Government’s explanations in this respect. In order to enable it to make a better assessment of the situation, the Committee requests the Government to provide information on all laws and regulations adopted under this provision, particularly with regard to social service. It notes that if a law on civic service were to be adopted, the Government would immediately transmit the text.

3. Article 2, paragraph 2(c). The Committee notes the text of Government Agreement 975-84, issuing regulations respecting prison centres, which was transmitted by the Government with its report under Convention No. 105. The Committee notes with interest that section 37 of the regulations provides that detainees awaiting trial are not obliged to work, but that they may do so and are encouraged to do so.

4. Article 2, paragraph 2(d). Cases of emergency. The Committee has previously noted that section 13 of the Public Order Act of 1965 with respect to the state of emergency provides that the Executive may order the services or assistance of persons to maintain the smooth functioning of services of public utility, or of services the operation of which is considered necessary. The Committee once again requests the Government to provide information on the effect given in practice to this provision and on any regulations or other legal texts adopted on this basis. It also requests the Government to indicate the conditions under which section 15 of the same Act is applied, which empowers the President of the Republic to restrict freedom of movement and requires individuals to provide such assistance and cooperation as may be necessary to ensure more effective control of the areas affected in the event of a public disaster.

5. Article 2, paragraph 2(e). Minor services. The Committee has previously noted the information provided by the Government to the effect that certain services of common interest, such as work to improve sewers, drainage and the clearance of refuse have been performed in the framework of the "Food for Work" programme by members of certain communities in coordination with the local authorities. The Committee once again requests the Government to provide information on the activities carried out under the "Food for Work" programme, and particularly on the number of persons involved, the type of work actually performed and the measures taken to guarantee the voluntary nature of participation by the persons concerned.