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

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

1. In its latest detailed report, received in September 2001, the Government provides information on the functioning of the Tripartite Commission on International Labour Affairs and the written consultations with employers’ and workers’ organizations concerning matters addressed in the Convention. The Government also indicates that the regulation concerning the functioning of the Tripartite Commission on International Labour Affairs guarantees equality between the parties since the agenda, discussion materials, conclusions and recommendations are arrived at through absolute consensus. The Committee notes that the requirement of absolute consensus could lead to a reduction in the effectiveness of the consultations required by the Convention. In this respect, it recalls that the Convention does not require that an agreement should necessarily be the goal of the consultation; the principal aim of the consultations is to assist the competent authority in taking a decision (see paragraphs 29 and 30 of the General Survey of 2000). The Committee hopes that the Government and the social partners will take advantage of constructive social dialogue in the consultations required under the Convention and will progress in its application.

2. The Committee notes that the Governing Body decided at its 282nd Session (November 2001) to declare receivable a representation submitted under article 24 of the ILO Constitution, alleging non-compliance by the Government of Guatemala with Convention No. 144.