Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. The Committee notes the Government's reports.

2. The Committee referred in its previous observation to the recommendation of the committee set up by the Governing Body to examine a representation against Guatemala under article 24 of the Constitution. That committee recommended the repeal of Legislative Decree No. 19-86, which provided for the compulsory enlistment of hundreds of thousands of people in so-called Civil Self-Defence Patrols (PACs) and Voluntary Civil Defence Committees (CVDCs).

3. Referring also to its observation under the Abolition of Forced Labour Convention, 1957 (No. 105), the Committee notes with satisfaction the repeal of Decree No. 19-86 by Decree No. 143-96, which came into force on 30 December 1996.

4. The Committee also notes with interest that the abovementioned civil defence committees have been demobilized and disarmed, under international control, in the framework of the peace agreements signed by the Government. From this point of view, the Committee therefore notes that the Government has taken measures to give effect to the conclusions of the Governing Body at its 267th Session in relation to the abovementioned representation.

5. The Committee notes that the Government's reports do not contain any information with regard to the application of Article 25 of the Convention. The Committee notes in this respect that the Governing Body stated in its conclusions that "persons accused of having exacted forced labour have benefited from impunity in cases where the Attorney General of the Republic of Guatemala has issued a decision concerning their responsibility and that the appropriate judicial action has not been taken against them". The Governing Body therefore urged the Government "to ensure the rapidity of the judicial processes and inquiries undertaken concerning the exaction of compulsory labour and to guarantee the imposition of penalties and their strict enforcement". The Committee believes that it is necessary to recall once again that in accordance with Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying the Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee therefore requests the Government to provide information in its next report on the measures which it has taken to give effect to the above recommendations so that it can examine the manner in which these points have been followed up.

The Committee is addressing a request directly to the Government on other matters.