Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 3 of the Convention. Laws and regulations concerning the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Since its first comments in 1994, the Committee has repeatedly requested the Government to adopt the necessary legislative measures to give effect to the Convention. In its previous observation, it noted with regret that, according to the Government’s brief report, no law had been adopted in Guatemala on asbestos-related issues. It reminded 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”. This obligation not only consists in incorporating the Convention into national law, but also entails the need to give effect to it in legislative terms or by means of any other measures that are consistent with national practice, such as those provided for by the Convention (for example, court decisions, arbitration awards or collective agreements), and to enforce it in practice. Furthermore, the Convention requires national law to regulate certain matters in particular, in addition to those covered by the present Article: Article 9 (prevention and control measures); 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 to the competent authority types of work involving exposure to asbestos). In the case of Article 13, the Government has not provided any information. The Committee notes with concern that, 20 years after ratification, no progress has been made in implementing the Convention in either law or practice. Furthermore, noting the information supplied by the Government in its report that the Ministry of Environment and Natural Resources issues recommendations against the spraying of asbestos and other mineral fibres, the Committee observes that this is not enough to give effect to the Articles that the Committee has been referring to, including the provisions on spraying, since Article 12 of the Convention refers not to recommendations but to the prohibition of the spraying of all forms of asbestos. The Committee furthermore notes with regret that, according to the Government’s report, no limits have been prescribed for the exposure of workers to asbestos or other exposure criteria for the evaluation of the working environment, as required by Article 15 of the Convention. The Committee once again urges the Government to adopt the necessary measures rapidly to give effect to the Convention in law and practice. It again invites the Government to avail itself of the technical assistance of the Office and to provide detailed information on the matters referred to above.

Article 4. Consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of this Convention. Further to its previous comments, in which the Committee urged the Government to give effect to this Article and to provide information in this regard, the Committee notes with regret that, in its report, the Government merely indicates that it is exploring efforts for the examination of the Convention by the Tripartite Committee of the Ministry of Labour and Social Welfare. It also notes that, according to a report of 14 July 2013 of the National Council on Occupational Health, Hygiene and Safety, in the Council’s archives “no record was found of any technical or administrative steps being taken or planned to draft provisions regulating the handling of asbestos”. The report reiterates that Guatemala lacks legal and technical standards that regulate, prohibit or sanction the use of asbestos. It also indicates that the Council agreed to include on its ordinary programme of work for its 2014–16 mandate the examination of all ILO occupational safety and health Conventions. The Committee once again urges the Government to take immediate steps to consult the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of this Convention and to provide detailed information on the most representative organizations consulted and on the results of the consultations.

[The Government is asked to reply in detail to the present comments in 2014.]