Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Guatemala (Ratification: 1952)

The Committee notes the Government’s reply to the comments made by the International Confederation of Free Trade Unions (ICFTU) of 31 August 2005, and the Trade Union Confederation of Guatemala (UNSITRAGUA), of 26 August 2006, relating to matters concerning the legislation and the application of the Convention in practice that are already under examination by the Committee, as well as acts of violence, including murder, death threats and the circulation of blacklists of trade union representatives, the persecution of workers because of the establishment of a trade union, the subcontracting of workers with a view to undermining the union in a banking establishment, and threats and acts of violence against the judicial labour authorities, resulting in a situation of grave impunity and the denial of the right to strike. The Committee observes that these allegations are being examined in the context of Cases Nos. 2017 and 2050, 2241, 2259, 2341 and 2413, which are currently before the Committee on Freedom of Association.

In its previous observation, the Committee noted the comments made by UNSITRAGUA and the National State Union Workers’ Federation (FENASTEG) indicating that the Civil Service Bill establishes a percentage that is too high for the establishment of trade unions and restricts the right to strike. In this respect, the Committee notes the Government’s indication that the Bill is the subject of consultations with trade union organizations, that it was submitted to the Tripartite Committee on International Labour Affairs and that Congress has met federations and confederations to discuss the matter. The Committee hopes that the Bill that emerges from the process of consultation will be in full conformity with the provisions of the Convention and it requests the Government to keep it informed of the respective legislative developments. The Committee reminds the Government that the technical assistance of the Office is at its disposal.

Finally, the Committee requests the Government, in accordance with the regular reporting cycle, to provide its observations for the Committee’s next session in November-December 2007 on all the issues relating to the legislation and the application of the Convention in practice raised in its previous observation in 2005 (see 2005 observation, 76th Session).