Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

1. Follow-up of a representation (article 24 of the ILO Constitution). In its observation of 2003, the Committee noted the conclusions and recommendations of the tripartite committee appointed to examine a representation alleging non-observance by Guatemala of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) (document GB.286/19/4, March 2003). The Committee, in the same way as the tripartite committee, observed that the requirement of absolute consensus could lead to a reduction in the effectiveness of the consultations required by the Convention, and suggested that the requirement of unanimity, as set out in the Standing Orders of the Tripartite Commission on International Labour Issues, could have contributed to a reduction in the effectiveness of the consultations carried out in the National Tripartite Commission.

2. The Committee of Experts also examined in detail the information available on the tripartite consultations held in 2002 and 2003 and emphasized that the Government and the social partners should apply procedures which ensure effective consultations, which may include a precise timetable for the consultations. The effectiveness of the procedures would be enhanced if each party stated clearly its objectives for every aspect of the consultations.

3. The Committee took into account the fact that national elections were being held and expressed the hope that tripartite consultation would be enhanced and that social dialogue in Guatemala would reach higher levels.

4. New rules for effective consultation. The Committee notes the Government’s report, which includes the detailed summary reports of the meetings held by the Tripartite Commission on International Labour Issues for the period ending September 2004. The Government adds that tripartite consensus was achieved on the preparation of a new Government Agreement for the establishment of the National Tripartite Commission.

5. The Committee notes with interest Government Agreement No. 285-2004 (published in the Official Bulletin of 16 September 2004) establishing new rules for the operation of the Tripartite Commission on International Labour Issues. Section 1 of Government Agreement No. 285-2004 provides that the National Tripartite Commission shall be composed of representatives of the Government, and of employers and of workers "through their most representative organizations which benefit from the right to freedom of association to ensure effective consultations and express views in relation to the promotion of the application of international labour standards in accordance with Convention No. 144 of the International Labour Organization". In addition to the matters set out in Article 5 of Convention No. 144, the National Tripartite Commission "shall examine matters deriving from labour relations, social insurance and labour administration which the sectors represented upon it agree to address" (section 2). Among other principles, the basic right of the members of the National Tripartite Commission is established to "address and examine matters before decisions are taken on them, for which purpose all relevant documentation shall be forwarded in due time" (section 11(1)).

6. The Committee notes with particular interest that "with a view to guaranteeing the equality of the parties of which the Tripartite Commission on International Labour Issues is composed, its decisions, conclusions and recommendations shall be adopted by consensus" (section 20).

7. The Committee also notes the comments made in September 2003 and 2004 on the application of the Convention by the Trade Union Confederation of Guatemala (UNSITRAGUA). Among other matters, UNSITRAGUA complains that it was not called upon to propose its candidates as members of the National Tripartite Commission. In a communication received in January 2004, the Government referred to difficulties in constituting the membership of tripartite bodies. In Case No. 2295, the Committee on Freedom of Association also examined allegations by UNSITRAGUA relating to the trade union representative status of a civil association. In its recommendations, the Committee on Freedom of Association requested the Government to keep it informed of the use made of objective criteria and to avoid recognizing non-trade union organizations as having trade union representative status (Report No. 334, Vol. LXXXVIII, 2004, Series B, No. 2).

8. Taking into account the fact that Government Agreement No. 285-2004 came into force on 17 September 2004, the Committee hopes that the Government will provide information in its next report on the progress achieved in holding effective consultations (Article 2 of the Convention) on the matters set out in Article 5 of the Convention, including information on the activities of the Tripartite Commission on International Labour Issues, in accordance with Government Accord No. 285-2004.