Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Guatemala (Ratification: 1994)

Referring also to its observation under Convention No. 81 on labour inspection in industrial and commercial establishments, the Committee takes note of the Government’s report, its partial responses to its previous comments, documents transmitted in the annexes, as well as the text of Decree No. 18-2001 amending the Labour Code. It also notes the comments made by the Trade Union Federation of Public Employees (FENASTEG) and by the Trade Union Workers of Guatemala (UNSITRAGUA), communicated by the Government in relation to the application of the present Convention and Convention No. 81. The Committee notes that the Government does not respond to the points raised by these organizations. Noting that its comments on Convention No. 81 concern, mutatis mutandis, the application of provisions of the present Convention, the Committee would be grateful to the Government if it would communicate relevant information on labour inspection in agriculture, and in particular on the following provisions of the Convention: Article 9, paragraph 3 (appropriate training for labour inspectors in agriculture); Article 15 (transport facilities and measures to reimburse labour inspectors in agriculture for travel expenses in rural areas); and Articles 12 and 24 (cooperation between inspection services in agriculture and government services).

Furthermore, the Committee takes note of a comment by UNSITRAGUA that labour inspectors in agriculture are confronted by a very specific difficulty in the exercise of their function, namely the inability to communicate with agricultural workers in certain regions who do not speak the national language. The Committee considers that it is indispensable for labour inspectors to be able to communicate in a sufficient manner with the employers and workers they cover to ensure a minimum effectiveness of their inspection visits, both of a preventive and enforcement nature, as well as in the provision of information and technical advice. It therefore requests the Government to take all necessary measures to resolve this linguistic problem, for example by supplying labour inspectors with interpreters or other appropriate means of communication and to transmit any relevant information regarding such measures to the Committee.

The Committee is addressing a request regarding certain other points directly to the Government.