Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Guatemala (Ratification: 1989)

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its observation of 2006, the Committee expressed the hope that it would receive detailed information on the progress made by the Government and social partners to ensure effective tripartite consultations. The Committee also requested information on the work of the Tripartite Committee for International Labour Affairs in relation to the matters covered by the Convention. In the report received in August 2007, the Government attached a copy of all the correspondence exchanged with the social partners, as well as the notifications and records of proceedings signed by the representatives of the three sectors in 2005, 2006 and 2007. Also attached was a report on the possible ratification or denunciation of certain international labour Conventions. The Committee notes with interest that there has been a tripartite examination of the ratification prospects for updated and recent Conventions – and a number of Conventions are already the subject of a specific legislative initiative for their ratification (for example, Conventions Nos 175, 183 and 184). Procedures were also set in motion for the denunciation of Conventions Nos 58 and 112. The Government also attached a report on achievements and matters pending for the 2004–07 period, strengthening the Government’s position that the Tripartite Committee for International Labour Affairs has fulfilled its mandate as contained in Convention No. 144. Progress has not been made on all subjects but the tripartite dialogue is open.

The Committee notes the observations from the Union Movement, Guatemalan Indigenous and Agricultural Workers for the Defence of Workers’ Rights, which were sent to the Government in September 2007. These observations contain the claim that the ratification of the Part-Time Work Convention, 1994 (No. 175), would lead to greater insecurity with regard to employment. In the Tripartite Committee, the workers’ organizations issued a negative opinion in relation to its possible ratification. However, the Government and the employers’ organization expressed their interest in ratification being approved. In addition, the trade union refers to a possible contradiction between Convention No. 144 and Government Agreement No. 285-2004, whereby new rules for the functioning of the Tripartite Committee for International Labour Affairs were established. The Government Agreement was examined by the Committee of Experts in its previous comments, particularly in its observation of 2004. Taking into account the continuing difficulties in the national context for consolidating a constructive social dialogue, the Committee very much hopes that the consultations covered by the Convention will enable the Government and social partners to maintain and reinforce tripartism and social dialogue. In order to be able to examine the practical application of Convention No. 144, the Committee requests the Government to supply a report containing information on the tripartite consultations held on all the matters relating to international labour standards covered by the Convention. It also requests the Government to continue supplying information on the meetings of the Tripartite Committee for International Labour Affairs and on all the recommendations made on international labour standards issues covered by the Convention.