Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Rural Workers' Organisations Convention, 1975 (No. 141) - Guatemala (Ratification: 1989)

Article 3 of the Convention. Right of all rural workers to establish organizations of their own choosing without previous authorization. In its previous comment, the Committee requested the Government to provide statistics on the number of rural workers’ unions and associations existing in the country, and the number of their members. The Committee notes with concern the Government’s indication that: (i) of the 725 organizations of rural workers registered by the Ministry of Labour and Social Welfare, nine have legal personalities that are currently valid, while the legal personalities of the other 716 have lapsed; and (ii) only 0.79 per cent of the rural economically active population belongs to any type of union (the Committee observes that it is not specified whether this percentage of unionized rural workers refers specifically to the members of unions with a currently valid legal personality, or whether it also includes workers who are members of organizations for which the legal personality has lapsed).

The Committee emphasizes that compliance with Article 3 of the Convention presupposes in the first place the elimination of legislative obstacles that may impede the freedom of rural workers to establish trade unions. The Committee recalls in this regard the comments that it has been making for many years in the context of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), concerning the need to amend section 215(c) of the Labour Code, which requires a membership of “50 per cent plus one” of the workers in a sector to establish a sectoral trade union. The Committee also recalls in this context that it noted with concern the indications by the trade union confederations that the combination of: (i) the fact that it is impossible to create sectoral unions as a result of the requirements of section 215(c); and (ii) that it is impossible in small enterprises, which account for almost all companies in Guatemala, to assemble the 20 workers required by section 216 of the Labour Code for the establishment of a union, which means that the great majority of workers in the country do not have access to the right to union membership. The Committee notes in this regard that the rural sector is generally characterized by a high incidence of small enterprises, which makes it particularly important to remove legislative obstacles to the possibility of establishing sectoral unions in agriculture. Recalling that Paragraph 8 of the Rural Workers’ Organisations Recommendation, 1975 (No. 149), specifically emphasizes that the relevant laws and regulations should be fully adapted to the special needs of rural areas in relation to requirements regarding minimum membership for the establishment of organizations, the Committee urges the Government to take the necessary measures in the near future to amend the requirements relating to the establishment of sectoral unions set out in section 215(c) of the Labour Code in accordance with the Conventions ratified by Guatemala, and to facilitate and extend the possibilities for the establishment of unions that cover workers in several enterprises in the rural sector. The Committee hopes to be able to note tangible progress in this regard in the near future and requests the Government to provide the corresponding information.

In response to serious allegations of anti-union practices in the agricultural sector, the Committee also previously requested the Government to provide information on the action taken by the labour inspectorate to ensure that rural workers are freely able to exercise their right to organize. The Committee notes the Government’s indications in this regard that: (i) as rural workers enjoy the same trade union rights as other workers, the General Labour Inspectorate (IGT) applies the same general measures in the rural sector, and particularly the special procedure for investigations into freedom of association and collective bargaining and the procedure relating to cases of social dialogue in labour matters; (ii) similarly, it is the responsibility of the General Labour Inspectorate, in both the rural and other sectors, to ensure the employment security of the trade union leaders appointed by the members of their organizations; (iii) on this basis, the General Labour Inspectorate systematically includes freedom of association and collective bargaining in its inspection plans for agricultural enterprises and plantations; (iv) between 2016 and 21 May 2021, the General Labour Inspectorate received 246 complaints from trade unions in the rural sector; and (v) during the same period, the General Labour Inspectorate assisted 11 dialogue forums in the rural sector (ten forums in the same enterprise and one forum for several enterprises in the same area) and registered the establishment of 83 ad hoc workers’ committees in rural enterprises (temporary committees composed of a maximum of three workers governed by section 374 of the Labour Code, through which workers and employers can resolve differences).

The Committee also notes the Government’s indication that the inspection of working conditions in the rural sector gives rise to specific challenges and difficulties, including the seasonality of work and contracts, linguistic barriers with indigenous workers, difficulties of access to certain enterprises or plantations in remote locations and/or guarded by security personnel and the weak trade union organization in the sector. The Committee notes in this regard that, among the good inspection practices emphasized by the Government, it is envisaged that inspectors will coordinate inspections with any unions or ad hoc committees that may exist, based on a prior risk assessment with a view to avoiding any reprisals against workers’ representatives. Lastly, the Committee notes that the action of the General Labour Inspectorate in the rural sector is currently supported by the Office through the implementation of the cooperation project on “Supporting respect for the working conditions of workers in the agro-export sector in Guatemala”.

The Committee takes due note of this information and observes that it shows that the General Labour Inspectorate has clearly identified the substantial difficulties relating to the protection of the exercise of trade union rights in the rural sector. In light of the above, the Committee requests the Government to provide further information on the specific action and interventions of the General Labour Inspectorate in relation to freedom of association in the rural sector (with an indication in particular of the number of complaints lodged concerning the exercise of trade union rights and the related decisions, as well as the number of trade union leaders registered so that they benefit from employment security). Recalling that Guatemala has also ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Plantations Convention, 1958 (No. 110), the Committee also requests the Government to proceed with an assessment of the measures and tools to reinforce the effectiveness of action by the General Labour Inspectorate and other relevant public authorities to prevent and resolve situations of anti-union discrimination in the rural sector. The Committee emphasizes the importance of this assessment involving substantive dialogue with the organizations of workers and employers concerned, and reminds the Government that it may avail itself of ILO technical assistance, particularly through the projects “Supporting respect for the working conditions of workers in the agro-export sector in Guatemala” and “Strengthening of the National Tripartite Committee on Labour Relations and Freedom of Association in Guatemala for the effective application of international labour standards”. The Committee requests the Government to provide information on the progress made in this regard.

Articles 4 to 6. Promotion of organizations of rural workers and their role in economic and social development. Recalling that the Convention also provides that the State shall further the development of organizations of rural workers and promote their participation through their organizations in economic and social development, the Committee previously requested the Government to provide information on: (i) the measures taken to facilitate the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers and their participation in the economic and social development process of the country; and (ii) the number of collective agreements in force in the rural sector and the number of workers covered. The Committee notes that the Government: (i) indicates that it is developing with the Office a campaign on decent work in the agricultural sector, which includes the subject of freedom of association; the campaign will be disseminated in various national languages, through social networks, broadcasts and information posters during the course of 2021; (ii) provides data on the action to promote economic activity in the rural sector undertaken by the Deputy Minister for the Development of Micro-, Small and Medium-sized Enterprises of the Ministry of the Economy and by the Ministry of Agriculture; and (iii) indicates that the Ministry of Labour does not have information on which collective agreements in force in the country cover workers in the rural sector.

The Committee notes the lack of information on the collective agreements in force in the rural sector, as collective bargaining is a fundamental means of action for associations of rural workers. The Committee also notes that the initiatives relating to the rural sector referred to by the Government consist essentially of capacity-building, but that information has not been provided on the social dialogue mechanisms through which associations of rural workers can participate in decision-making processes that affect them. In light of the above, the Committee requests the Government to: (i) reinforce information activities on and the promotion of freedom of association and collective bargaining through initiatives targeting the rural sector; (ii) compile the information available on the collective agreements in force that cover rural workers; and (iii) promote dialogue with the associations of rural workers, including those of self-employed workers and small producers, in mechanisms for the adoption of public decisions that affect them. Lastly, the Committee requests the Government to supplement the information provided on associations in the rural sector by providing further details on associations of self-employed workers and small producers, including information on solidarist associations (the number of associations and members, type of activities undertaken).

[The Government is asked to reply in full to the present comments in 2024.]