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

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Guatemala (Ratification: 1989)

1. In its 2003 direct request, the Committee referred to the observations made by the Trade Union Confederation of Guatemala (UNSITRAGUA) which were transmitted to the Government on 8 October 2003. In these observations, the workers’ organization had expressed its concern regarding the general situation and the social policy, without giving any precise indications of the de facto and de jure elements directly linked to the application of the Convention in Guatemala.

2. Parts I and II of the Convention. Improvement of standards of living. In the simplified report received in August 2003, the Government presented information relating to the request made in 1999. The Government provided information on the integral strategy being followed to stimulate rural development. The Committee would be grateful if the Government would include in its next report an up to date appreciation on the manner in which it ensures that the “improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and particularly if it would provide information on the results achieved in promoting production capacity and improving standards of living of agricultural producers (Article 4).

3. Part IV. Remuneration of workers. Advances on wages. The Government refers to section 99 of the Labour Code, indicating in its report that legally there is no fixing of wage amounts: there is no set amount – the amount paid for advances on wages is set at the convenience of the employer and the worker, and repayments are made in accordance with what has been agreed upon between the parties. The Committee refers to the provisions of Article 12, paragraph 2, of the Convention, which require the competent authority to limit the amount of advances which may be made to a worker in consideration of his taking up employment. The Committee asks the Government to provide information in its next report on any court decisions or administrative decisions that have applied the provisions mentioned in Article 12 of the Convention.

4. Part VI. Education and training. In reply to previous comments, the Government refers to article 74 of the Political Constitution, which establishes compulsory education and provides that citizens shall have the right and the obligation to receive initial, pre-primary, primary and basic education within the age limits fixed by the law. In its report, the Government does not specify the age limits fixed by national legislation to receive compulsory education: the Committee understands that the period of compulsory schooling has been set at nine years. In its comments on the application of the child labour Conventions, the Committee expressed its concern regarding the nature, extent and trends of child and adolescent labour. Consequently, the Committee asks the Government to provide information, in its next report on Convention No. 117, on the measures taken to progressively develop a broad system of education, vocational training and apprenticeship, and on how it has organized training in new techniques of production as part of social policy to give effect to the Convention (Articles 15 and 16).