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

Migration for Employment Convention (Revised), 1949 (No. 97) - Guatemala (Ratification: 1952)

The Committee notes the information supplied in the Government’s report.

1. With reference to its previous direct request, the Committee requests the Government to indicate whether bilateral migration agreements have been concluded with Mexico and other countries.

2. In its General Survey of 1999 on migrant workers the Committee observed that since the adoption of the Convention the extent, direction and nature of international migration has undergone significant changes (see paragraphs 5-17 of the General Survey). The Committee therefore asks the Government to provide copies of any new laws or regulations that have been adopted, together with up-to-date information on its emigration and immigration policy. In responding, please refer to the questions in the report form on the Convention. The Committee would also be grateful if the Government would indicate the manner in which current trends in migration flows have affected the content and application of its policy and national legislation regarding emigration and immigration.

3. In view of the growing role of private agencies in the international migration process, the Government is asked to indicate whether this trend has had any effect on the application of Annexes I and II of the Convention. If so, the Committee would be grateful if the Government would inform it of the measures adopted or envisaged to regulate the activities of private agencies, with a view to protecting migrant workers against any abuse, and the penalties for offences, particularly with regard to misleading propaganda.

4. The Committee requests the Government to provide information on the practical effect given to its policy of equal treatment between national workers and migrant workers in respect of the items listed in paragraphs (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that under paragraph 1 of this Article, any State which has ratified the Convention is bound to afford migrants, without discrimination as to nationality, religion or sex, treatment which is no less favourable than that afforded to its nationals in respect of the items listed in paragraphs (a) to (d) of the above Article, the Committee would be grateful if the Government would indicate the measures adopted or envisaged to ensure that women migrant workers are afforded the same treatment as male workers, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes and access to the legal system, given the growth in the proportion of women in labour migration (see paragraphs 20-23 and 658 of the General Survey).

5. The Committee again asks the Government to provide statistical information on the number of Guatemalans working abroad and their countries of emigration, and on the countries of origin of foreigners working in Guatemala.

6. Lastly, the Government is asked to communicate the results of the relevant activities of the labour inspection services. Please also give an account of any practical difficulties encountered in applying the Convention, indicating whether the courts of law or any other tribunals have ruled on issues of principle concerning the application of the Convention. If so, please provide the texts of their decisions.