Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Article 1(a), (c) and (d) of the Convention. For several years the Committee has been referring to the provisions of Legislative Decree No. 9 of 10 April 1963, and sections 390, subsection 2, 396, 419 and 430 of the Penal Code, under which sentences of imprisonment involving, by virtue of section 47 of the Penal Code, the obligation to work, can be imposed as a punishment for expressing certain political opinions, as a measure of labour discipline or for participation in strikes. The Committee noted that as a result of direct contacts in October 1988 between the Government and representatives of the Director-General of the International Labour Office, drafts were prepared to repeal the above provisions. The Committee noted that, in its report for the period ending June 1989, the Government stated that a draft text to repeal the above provisions was under study. The Committee trusted that the necessary steps would shortly be taken to bring the national legislation into line with the Convention and that the Government would report progress made to that end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.