Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Guatemala (Ratification: 1959)

Article 1(a) of the Convention. Criminal penalties involving compulsory labour imposed for expressing opposition to the established political, economic and social system. The Committee notes the Government’s indication in its report, in reply to the 2019 observations of the Guatemalan Trade Union, Indigenous and Peasant Movement (MSICG) on the criminalization of social protest and the consequent imposition of prison sentences involving compulsory labour (under section 47 of the Penal Code), that between 2016 and 2022 the Public Prosecutor’s Office provided training for 583 of its officials regarding the protection of human rights defenders. The Government also indicates that the Presidential Commission for Peace and Human Rights (COPADEH) launched proposals for public policies relating to human rights defenders and the programme for the protection of journalists.

The Committee also notes the Government’s indication, in reply to its previous comments on the existence of criminal proceedings for the illegal use of radio stations by indigenous communities, that between 2017 and 2021, a total of 287 complaints were registered in relation to the illegal use of radio frequencies, and in no cases had the accused persons registered their affiliation to any indigenous people. The Government points out that the radio spectrum can be used and enjoyed by any community, provided that the requirements of the General Telecommunications Act are met. The Committee requests the Government to specify the provisions of the Penal Code or other national legislation under which the illegal use of radio frequencies is penalized, indicating whether such provisions establish penalties of imprisonment.