Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Asbestos Convention, 1986 (No. 162) - Guatemala (Ratification: 1989)

Article 3 of the Convention. Measures to be taken for the prevention and control of health hazards due to occupational exposure to asbestos. In its previous comments the Committee noted the Government’s indication that draft Occupational Safety and Health Regulations would form the foundations for regulation of the use of asbestos and that it was planned to draw up specific technical standards on the prevention of hazards arising from the use of asbestos. In view of the fact that the information available did not enable it to gain a full picture of the application of the Convention, the Committee asked the Government to supply a detailed report. The Committee notes with regret that, according to the Government’s brief report, no law has been adopted in Guatemala which regulates the use of asbestos. From its initial comments onwards, the Committee has repeatedly asked the Government to adopt the necessary legislative measures to give effect to the Convention. The Committee reminds the Government that under article 19(5)(d) of the ILO Constitution, any member State which ratifies a Convention undertakes to “take such action as may be necessary to make effective the provisions of such Convention”. The obligation does not merely consist of incorporating the Convention into national law but also entails the need to enforce its application in practice and give effect to it in legislative terms by any other measures that are in conformity with national practice, such as those provided for by the Convention (for example, court decisions, arbitration awards or collective agreements). Furthermore, the Convention requires national law to regulate certain matters covered by various Articles of the Convention, such as Article 9 (prevention and control measures), the effective application of which depends on the legislation adopted pursuant to Article 3 of the Convention; Article 11 (prohibition of the use of crocidolite); Article 12 (prohibition of spraying of all forms of asbestos); and Article 13 (employers’ obligation to notify the competent authority of the types of work involving exposure to asbestos). In the case of Article 13, the Government indicates “none” in its reply. The Committee understands this reply to indicate that no type of work involving exposure to asbestos has to be notified to the competent authority. The Committee notes with concern that no progress has been recorded in the implementation of the Convention, more than 20 years after its ratification. Nor does the report contain any indication that any action is being taken by the Government to ensure the application of the Article of the Convention in practice, wherever possible given the absence of legislation in this area. The Committee therefore urges the Government to take the necessary steps to give legislative effect to the Convention and to supply detailed information on this matter. The Committee invites the Government to submit a formal request for technical assistance from the Office in this respect.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. The Committee urges the Government to undertake all possible efforts to ensure that consultations are held as soon as possible, with the most representative organizations of employers and workers concerned, on measures to be taken to give effect to the provisions of the Convention and to provide detailed information on the outcome of these consultations.

[The Government is asked to reply in detail to the present comments in 2013.]