Individual Case (CAS) - Discussion: 2022, Publication: 110th ILC session (2022)

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

Written information provided by the Government on 16 May 2022

The Government has provided the following written information, as well as the government report submitted to the National Tripartite Committee on Labour Relations and Freedom of Association containing data on key indicators updated to 2022 and the letter of 16 May 2022 sent by the Minister to the employers’ and workers’ representatives on the National Tripartite Committee.

Trade union rights and civil liberties

The Government of Guatemala indicates that, in light of the importance of the initiatives undertaken by the Subcommittee on the Implementation of the Road Map, and the allegations made by workers’ representatives relating to the investigation of acts of violence against trade union officials and members, with a view to clarifying responsibilities and punishing both the perpetrators and instigators of the acts; taking fully into consideration the investigations of the trade union activities of the victims; and the provision of rapid and effective protection to all trade union officials and members who are at risk in order to prevent any further acts of anti-union violence; the Government is making great efforts and taking firm measures to enable the trade union movement to develop in a climate free from violence, threats and pressure and so that trade union rights can be exercised in full normality. Among these efforts, the Government recalls that the Office of the Public Prosecutor has succeeded in obtaining convictions since 2007, which has demonstrated a significant increase in the number of cases of murders of trade union officials and members that have been denounced to the ILO being clarified and resulting in convictions, as indicated in key indicator 1 of the road map, as shown in the reports sent to the Committee of Experts on the Application of Conventions and Recommendations (CEACR). Despite the context of the pandemic, with reference to the number of convictions obtained in relation to the deaths of trade union officials and members, the Office of the Public Prosecutor indicates that of the three cases which are at the stage of oral and public hearings in 2022, the Criminal, Drug Trafficking and Environmental Crimes Sentencing Court of Retalhuleu indicated in May 2022 the commencement of the oral and public hearings for one of the cases, and that it is accordingly envisaged that convictions will continue to be obtained in 2022.

The Office of the Public Prosecutor adds that the Unit of the Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists (FDCOJYS) is continuing to make exhaustive efforts to carry out investigations in accordance with the rule of law, in which it urges workers’ representatives to collaborate in cases where the collaboration of trade union officials and members assists in ensuring effective and rapid investigation. The Office of the Public Prosecutor therefore, in accordance with the comments of the CEACR and the recommendations of the Committee on Freedom of Association in Case No. 2609 (communicated by the Government on 30 September, 22 and 25 October and 6 December 2021, 7 and 17 January and 15 February 2022), with regard to: (i) the continued role of the Trade Union Technical Committee of the Office of the Public Prosecutor, indicates that high-level meetings were held on 28 October and 29 November 2021 and 27 January 2022, during which information was provided and interactive dialogue took place with the full participation of trade union representatives, although it was not possible to hold the meeting on 28 April 2022 due to the excuses made by the workers’ representatives; (ii) contacting and meeting the complainant organizations to facilitate the identification of all cases of anti-union violence that they reported in their latest communication, indicates that the Office of the Public Prosecutor has organized for workers’ representatives since 29 November 2021 weekly meetings with the assignation of the Prosecutor-General of the FDCOJYS on Fridays to deal with related cases, although workers’ representatives have not yet attended the meetings; (iii) institutional strengthening, reports a significant increase, as a result of the allocation of the necessary human and financial resources, in the criminal investigation capacities of this prosecution unit in 2022, according to the information provided in the Government Integrated Accountancy System for the Office of the Public Prosecutor, it has a budget of US$605,885.31 (4,645,359 Guatemalan quetzals) which covers the wages of the personnel (91 per cent) and operational inputs (9 per cent); of that, the Office of the Special Prosecutor has benefited from an increase of US$1,697.19 (13,006 quetzals) in its budgetary allocation for operational inputs; in 2021, it was allocated US$52,560.93 (406,994 quetzals) and in 2022 US$54,806.96 (420,000 quetzals); (iv) the investigation of the 35 cases of murder (one repeated) reported by the National Tripartite Committee, it reiterates that in addition it has taken the necessary measures to deal with and provide resources for them, and that seven convictions have been obtained in those cases; and (v) all the cases that continue to be under investigation, in accordance with Instruction No. 1-2015 of the Office of the Special Prosecutor on the security of trade unionists, as a result of which the telephone number assigned to the FDCOJYS to report crimes continues to be operational and is functioning. In addition, the Prosecutor-General has made available to trade union officials and members a telephone number specifically to report crimes committed against trade union officials and members at the highest level to the Secretariat for International Relations, for personalized action; in that regard, reference should be made to two cases reported by workers’ representatives in 2022.

With regard to the intensification of the necessary security measures, especially of a personal nature, the Ministry of the Interior provides the logistics and planning to cover and deal with the security requirements indicated by the Office of the Public Prosecutor; in this regard, security measures have continued to be provided, and between 2021 and 15 April 2022 a total of 109 denunciations were received and 119 protection measures provided, including to the President of the National Tripartite Committee and the workers’ representative, Carlos Mancilla, for whom, among others, personal security measures have been provided. Moreover, the President of the Republic of Guatemala has given precise instructions for the launching of the analysis unit on attacks against trade union officials and members with a view to reinforcing the joint declaration made by the Office of the Public Prosecutor and the Ministries of Labour and the Interior.

Legislative aspects

With regard to the tripartite efforts made since 2018 (the letter of 7 March and the tripartite agreement in August), and the draft legislative initiative discussed by the three partners in March and April 2021, the Government of Guatemala has expressed its goodwill for it to be submitted once again to the Congress of the Republic, adapted as a draft legislative initiative based on tripartite consensus, so that the corresponding legislative reform can be made in accordance with its constitutional mandate. The draft is the result of social and tripartite dialogue on the following aspects: (i) the workers’ representatives added an introductory paragraph referring to the harmonization of the national legislation with the principles of freedom of association; (ii) the Government proposed that section 12 of Decree No. 7-2017 of the Congress should not be amended, as set out in the proposal forwarded on 7 March 2018, although that has been superseded by the case law of the Constitutional Court and the Inter-American Court of Human Rights, and a technical legislative error, as in the present case, does not prevent compliance with the basic right, among others; and (iii) the employers’ representatives, in light of the dialogue, would make another revision, and the appropriate comments will be made. In accordance with the principles of social dialogue and tripartism, the Government has requested the partners to make their comments and/or indicate their agreement with the draft legislative initiative, which have not been received and as a consequence it has not been submitted to the Congress of the Republic as a tripartite proposal. It should also be noted that the Government of Guatemala forwarded the contributions of the partners in communications dated 22 April, 19 September and 31 October 2021, and 24 January 2022, and on 10 January 2022 it called for them to be addressed by the National Tripartite Committee (the recognized and preferred dialogue forum) so that a tripartite consensus proposal can be forwarded to the Congress, and not only by the Government as the State concerned and with the ultimate responsibility for the adoption of legislative reforms taking into consideration the lessons learned and the practical improvements in the submission of draft legislation that has full consensus and that is covered by tripartite agreement. In this regard, the Government trusts that, as a result of social dialogue, tripartism and ILO technical assistance, it will finally be able to submit a legislative proposal that takes into account the national situation and the observations of the CEACR, and which is submitted on a tripartite basis for approval by Congress without further procedures.

Application of the Convention in practice

The Government of Guatemala, having noted the recommendations of the CEACR concerning support within the framework of the technical cooperation programme of the Office and in light of the decision adopted by the Governing Body at its 334th Session, through which the Ministry of Labour and Social Welfare requested the support of the Office to redesign the procedures that had been criticized and develop an electronic tool to facilitate internal access to information on trade union registration, generate reports and manage files. In this regard, it reports that the Ministry of Labour and Social Welfare has registered 17 new trade union organizations between September 2021 and May 2022. Moreover, with regard to dealing with disputes, under the responsibility of the Subcommittee on Mediation and Dispute Resolution, of which the Government is a member, efforts have been made by the General Labour Inspectorate to establish 64 dialogue round tables in 2021 and 2022 (up to April). In relation to the resolution of disputes, reference may be made to 15 cases in which results have been achieved, including the municipality of Mixco which, notwithstanding the conclusion of the judicial procedure, addressed the issue through the General Labour Inspectorate through a round table and, following 18 dialogue meetings, reinstated nine people, according to the report of 14 December 2021, all in accordance with the call by unions to the General Labour Inspectorate to develop and democratize trade union rights and practices through social and tripartite dialogue.

The Government of Guatemala wishes to indicate that, in relation to the significant increase in the percentage of court orders that have been implemented in practice for the reinstatement of workers subject to anti-union dismissals, in relation to point 7 of the road map on Convention No. 87, the judiciary, in Instruction No. 052-2022/DGL/Orza of 30 March 2022 and its related documents, on the basis of the reports of reinstatements implemented at the national level between September 2021 and March 2022, indicates that there have been 255 cases of reinstatement in practice.

The Government of Guatemala reiterates its commitment to the implementation of the road map as indicated over the past three years, its constant understanding that the most important lesson to be drawn from this process is the need to consolidate real social dialogue in Guatemala and emphasizes that this has been accompanied by constant demonstrations of the political will to give effect to the road map and the results achieved for each of its key indicators. The Government’s efforts supported by the ILO technical cooperation programme, as noted by the Governing Body at its 340th Session, and their implementation, have achieved the following results: (1) the functioning of the National Tripartite Committee, with its three subcommittees, as the leading body for social dialogue on labour policy and respect for labour rights, with particular reference to freedom of association and collective bargaining; (2) improvements in the protection mechanisms and enforcement of labour rights, with the support offered by the European Union through which, although it has not yet materialized, it is hoped that the efforts made will be maximized and achieve their potential; (3) the harmonization of the legislation with international labour standards, and particularly ILO Conventions Nos 87 and 98; and (4) the effective promotion of collective bargaining with a view to optimizing and reinforcing a tripartite approach to the harmonization of the legislation with international labour standards.

In light of the above, the Government of Guatemala is maintaining and will continue its firm efforts to create trusted institutions which guarantee trade union practices, freedoms and rights at the national level through social dialogue and tripartite consultation.

Written information provided by the Government on 2 June 2022

1. Background

The Government of Guatemala indicates that, in relation to compliance with the road map under the ILO Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the measurement of its key indicators, in accordance with the Tripartite Agreement concluded in November 2017 in Geneva, Switzerland; and by virtue of the documents setting out the procedures of the Committee on the Application of Standards at the 110th Session of the International Labour Conference of the International Labour Organization in Geneva, 2022, CAN/D.1, a document is provided containing information in relation to the above Convention.

The ILO Governing Body is following up the implementation of the road map and, in accordance with its decision at its 340th Session (November 2020), adopted the Technical Assistance and Cooperation Programme and requested the Office to submit an annual report on its implementation at its October–November sessions during the three years of the implementation of the Programme (GB.340/INS/PV, paragraph 114). The first report was submitted to the Governing Body at its 343rd Session in November 2021. The Government therefore considers that it has provided information and will continue providing information within the framework of the Governing Body in full and strict compliance with the decisions of the Governing Body. The Government of Guatemala adds that the institutional efforts for the implementation of the road map can be maximized through the Technical Assistance and Cooperation Programme, and that the efforts that have been made by the State of Guatemala will be maximized and reinforced through the institutions that focus their action on full compliance with the rights of freedom of association and the protection of the right to organize in full compliance with their mandates.

2. Road map

As indicated, there are 11 points measured by 9 key indicators, as follows:

(a) Trade union rights and public freedoms

Key indicator 1: Significant increase in the number of cases of murders of union officials and members reported to the ILO that have been investigated and have led to convictions – in relation to points 1 and 2 of the road map.

The Office of the Public Prosecutor, in documents SAIC/G 2021-000957/behedq and SAIC/G 2021-000990/behedq, dated 7 September and 10 September 2021, provided the following information, which details the effect given to this key indicator: [Table not reproduced]

Based on the above, the Ministry of Labour and Social Welfare provides the following statistical figure.

Figure 1. Sentences: Security and correctional measures, acquittals and convictions – Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists of the Office of the Public Prosecutor (2007–21) [Graph not reproduced]

Between 2007 and September 2021, the trend can be observed of the institutions in the justice system, within their fields of competence, working to undertake more robust investigations of cases and ensure the objectivity of judicial procedures, resulting in judicial decisions being handed down based on due process in the form of convictions and acquittals, which shows that the State is ensuring the application of the law in cases related to the deaths of trade union officials and members, in accordance with the present indicator. The following figure shows the situation each year of the cases reported to the ILO.

Figure 2. Historical overview of the deaths of trade union officials and members – Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists of the Office of the Public Prosecutor (2004–21) [Table not reproduced]

The State of Guatemala informed the Subcommittee on the Implementation of the Road Map at meeting 03-2021 on 18 May 2021 and in document 304-2021, with further information being provided to the Subcommittee in ordinary meeting 04-2021 and in document MISU-ws 325-2021, dated 23 September 2021, as indicated in the above table, of the sentences handed down in cases involving the deaths of union officials and members, of which 16 were for perpetrators, 5 for instigators and 3 for perpetrators and instigators.

Key indicator 2: Conduct, together with the relevant trade union organizations, of risk assessments for all threatened union officials and members and the adoption of appropriate protection measures – in relation to point 3 of the road map.

The Ministry of the Interior, in document No. DM-2300-2021/GRRM/jmt-ss, of 8 September 2021, followed by document No. DM-1141-2022 of 22 April 2022, provided the following information: from 2021 until 15 April 2022, a total of 109 denunciations were received and 119 protection measures granted, including for the President of the National Tripartite Committee, Carlos Mancilla García, for whom personal security measures were granted. In relation to inter-institutional coordination, the Office of the Public Prosecutor indicated in document FDCOJS/G 2022-000151/wzvrdc, dated 26 May 2022, that the Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists has launched at least 11 further investigations in addition to the 9 reported at the beginning of May 2022 to investigate and shed light on cases of intimidation denounced by the President of the National Tripartite Committee, with a view to determining the identity of those responsible for the acts reported and their motive.

(b) Legislative aspects

Key indicator 4: Drafting and tabling before Congress of a bill, based on the comments of the CEACR, ensuring the conformity of national legislation with Convention No. 87, and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) – in relation to point 5 of the road map.

With regard to the tripartite efforts made since 2018 (the letter of 7 March and the Tripartite Agreement in August), and the draft legislative initiative discussed by the three partners in March and April 2021, the Government of Guatemala has expressed its goodwill for it to be submitted once again to the Congress of the Republic, adapted as a draft legislative initiative based on tripartite consensus, so that the corresponding legislative reform can be made in accordance with its constitutional mandate. The draft is the result of social and tripartite dialogue on the following aspects: (i) the workers’ representatives added an introductory paragraph referring to the harmonization of the national legislation with the principles of freedom of association; (ii) the Government proposed that section 12 of Decree No. 7-2017 of the Congress should not be amended, as set out in the proposal forwarded on 7 March 2018, although that has been superseded by the case law of the Constitutional Court and the Inter-American Court of Human Rights, that a technical legislative error, as in the present case, does not prevent compliance with the basic right, among others; and (iii) the employers’ representatives, in light of the dialogue, would make another revision, and the appropriate comments will be made.

(c) Application of the Convention in practice

Key indicator 5: Significant increase in the percentage of reinstatement orders actually implemented for workers, victims of anti-union dismissals – in relation with point 7 of the road map.

The Labour Management Department of the Judicial System, in communication 292-2021/DGL/Orza, of 14 September 2021, and its updates up to 2022, provided the following information.

With reference to reinstatements and their location, the Labour Management Department of the Judicial System, in document No. 052-2022/DGL/Orza, dated 30 March 2022, and its updates, and in the recent document No. 066-2022/DGL/Orza, dated 30 May 2022, indicates that in 2021, in accordance with the final data provided by the Judicial Information, Development and Statistics Centre (CIDEJ), in document 331-2022/CIDEJ of 30 May 2022, 727 persons were reinstated, of whom 75.93 per cent were in the Department of Guatemala, and 24.07 per cent in 13 departments of the Republic of Guatemala. In 2022, the Labour Management Department reports 188 actual reinstatements.

Key indicator 6: Review and resolution of conflicts by the Committee for the Settlement of Disputes before the ILO in the Area of Freedom of Association and Collective Bargaining – in relation to point 8 of the road map.

With regard to this key indicator, the Government of Guatemala reiterates that the action is the responsibility of the Subcommittee on Mediation and Dispute Resolution. The Government, as a concerned party, further indicates that it has focused its efforts on the establishment of at least 67 round tables in 2021 and 2022 (up to the end of May 2022). In relation to dispute resolution, it may be noted that positive results have been achieved in 15 cases, including in the Municipality of Mixco, where a dialogue round table has been established through the General Labour Inspectorate, which has held 18 meetings with satisfactory results, including the reinstatement of 9 workers (according to the report of 14 December 2021 of the General Labour inspectorate). Among the successful cases, the Government wishes to refer to the dialogue round tables in the municipalities of Aguacatán y Cuilco, Huehuetenango; Morales, Izabal; San Cristóbal Totonicapán, Totonicapán; Retalhuleu and San Felipe y Champerico, Retalhuleu; and San Pedro y Malacatán, San Marcos.

Key indicator 8: Unimpeded registration of trade union organizations in the Trade Union Register of the Ministry of Labour and Social Welfare.

The General Directorate of Labour (DGT) indicated in document No. 374-2021 MRGE/LASC, dated 16 September 2021, document No. 102-2022 DGT-LASC/Napl of 29 March 2022, and document No. 167-2022 DGT-DISH/Napl, dated 1 June 2022, that by the end of 2021, 57 trade union organizations had been registered in the Public Trade Union Register of the Ministry of Labour and Social Welfare of Guatemala. Moreover, in documents Nos 148-2022 DGT-DISH/Napl of 12 May 2022 and 164-2022 DGT-DISH/Napl of 30 May 2022, the DGT indicated that during the course of 2022 (up to 30 May), 12 trade union organizations had been registered in the Public Trade Union Register.

Key indicator 9: Trends in the number of applications for registration of collective agreements on working conditions, with an indication of the industry concerned.

The General Secretariat of the Ministry of Labour and Social Welfare, in document No. 388-2022 SG/MNAL/arp, dated 12 May 2022 and its attachments, indicates that in 2021 and 2022 (up to 1 June as the date for the provision of information for the supplementary report to the Committee on the Application of Standards), indicates that 18 agreements have been approved. The Government of Guatemala also requested technical assistance and support from the ILO on collective bargaining in relation to the observations and direct requests made by the CEACR in a workshop on collective bargaining and social dialogue, focused on public employees in the government sector, held on 23 and 24 May 2022, with the support of the consultant Alexander Godínez Vargas, and the participation of representatives of the following related institutions: the National Association of Municipal Authorities, the Comptroller-General of Accounts, the Office of the Public Prosecutor, the Ministry of Public Finance, the National Office of the Civil Service, the judicial system through the Labour Management Department and the Ministry of Labour and Social Welfare.

Discussion by the Committee

Government representative, Minister of Labour and Social Welfare – I am grateful for the forum provided for Guatemala to address you in this esteemed plenary, to provide information on the attention that the State of Guatemala has been giving to the observations referred to by the Committee of Experts, as stated before the Committee on Freedom of Association and the Governing Body, pursuant to the decisions made by this important body at its 334th, 337th, 340th and 343rd Sessions, held in 2018, 2019, 2020 and 2021, respectively. I therefore take the liberty of emphasizing that Guatemala has provided information, and will continue to do so, on the progress made on the different points of the road map.

With regard to the additional measures adopted by the Government in the context of implementing the road map, I am accompanied today in person by the judges of the Supreme Court of Justice and in virtual format by the Public Prosecutor’s Office. We have joint responsibility for the implementation of actions that enable compliance with the road map; we have jointly assembled and submitted in a timely manner to this esteemed Committee the additional information referred to in document D.1.

I must emphasize that the Public Prosecutor’s Office, responding to the recommendation of the Committee on Freedom of Association in its 387th Report in November 2018, has constantly increased its budget and, according to its communication of 10 May 2022, the Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists has a budget of US$1,288,252 for 2022. We can thus see the high level of importance and commitment of the State with regard to the urgent actions being undertaken by the national investigating authority to carry out investigations which are immediate, independent, exhaustive, efficient and impartial in order to obtain justice in cases relating to our trade union leaders and members, showing that since its creation in 2011 to date, with over ten years of operation, not only has the category of sectoral prosecutor’s office been enhanced but its budget is 12 times greater than it was at the outset.

The Public Prosecutor’s Office has duly worked on all the cases that have been brought before it. It points out that one case is already at the public oral hearing stage, and in another case relating to events in Coatepeque (Quetzaltenango) a timely and relevant prosecution request is being brought before the court. It is hoped that it will be possible for these cases to be judged promptly in a public oral hearing, together with two other cases with a prosecution position. We thus expect to obtain four more rulings in addition to the 28 on which Guatemala has been providing information and thus continue to show, as established by key indicator 1 of the road map, the significant increase in the number of cases of killings of trade union officers and members reported to this Organization which have already been elucidated and have resulted in a ruling or a conviction.

Hence the Government of Guatemala shows and reiterates its full availability, with the assigned human resources, a strengthened budget and useful, timely and appropriate coordination actions, to be able to continue providing evidence of implementation of points 1, 2, 3 and 4 of the road map regarding the life and physical integrity of the trade union leaders and members for whom the State of Guatemala is responsible, and that it will continue to maximize the efforts needed to demonstrate emphatically its compliance.

Furthermore, I must point out that the Ministry of the Interior, by instruction of the President of the Republic, Mr Alejandro Giammattei, signed Ministerial Order No. 288-2022 of 3 June 2022, last Friday, and this was published today in the Official Gazette. This relaunches the operation of the authority responsible for analysing attacks on trade union officers and members, with the analysis focusing this time on our trade union officers and members.

With regard to legislative aspects, I must reiterate that in order to give impetus to the proposed Bill whose content encompasses tripartite agreements which have already been reached, taking account of the national situation, with a view to reflecting trends in legal studies and jurisprudence, we have worked on a tripartite basis in two plenary meetings of the National Tripartite Committee, together with its Subcommittee on Legislation and Labour Policy, held in March and April 2021. I take the liberty of pointing out that, as the State concerned, we understand perfectly that we have ultimate responsibility for seeking the legislative reforms taking into consideration the lessons learned and the best practices in submitting proposals to the National Congress. However, we are awaiting the reactions of the constituents to the latest observations of the Government to give continuity to the discussion and the search for consensus regarding the final draft, which we have no doubt can be achieved in 2022. In this regard, we have sought, and I will continue seeking, space in the National Tripartite Committee to ensure that addressing legislative reforms is a constant feature of tripartite dialogue in this forum. However, the legislative authority is aware of our international commitment as a State and so in due course, when this reform is ready, another hearing will be requested so that, as soon as the proposal is submitted in the form of a Bill, it will be placed on the agenda and the tripartite constituents will be received to take part in dialogue and the process will continue until the actual reform is implemented.

With regard to the application of the Convention in practice, I would like to state that we have made significant progress with regard to reinstatement rulings. The judiciary, represented today by its judges, together with the Public Prosecutor’s Office and the Ministry of Labour and Social Welfare, have strengthened the space for inter-institutional coordination to respond to the workers’ concerns in specific cases. Accordingly, in 2021 a total of 727 reinstatements were effected, with 75 per cent relating to the Department of Guatemala and the remaining 25 per cent to the other 13 departments in Guatemala. In 2022, the Labour Management Department reported 188 effective reinstatement proceedings. Furthermore, the Ministry of Labour undertook an exhaustive audit of its registers and reports the registration of 69 trade unions between 2021 and May 2022. Support was requested from the ILO, both for the redesign of key processes and the construction of an IT tool which we are awaiting. We are sure that this will streamline internal access to information on trade union registration and generate reports and the handling of files so that the whole process will be more expeditious, as is the case for the implementation of an inter-institutional workshop on collective bargaining and social dialogue, a forum in which stakeholder institutions already took part.

I am pleased to state that on 24 May 2022 the subject of the implementation of the road map and key indicators was addressed at the level of the Government Cabinet. I raised the challenges and proposals for implementation with the other Cabinet members and the President himself, fixing as a regular proposal the institutional efforts for the effective implementation of, and prompt compliance with, the road map. In this regard, it was requested that: (i) government institutions should continue complying with the reinstatement orders issued by the competent judge; (ii) personal protection measures should be adopted for members of the trade union movement in situations of risk, like those that were promptly adopted in the regrettable cases of threats to Mr Carlos Mancilla, the National Tripartite Committee President; and (iii) the request to approve the body responsible for analysing attacks on trade union officials and members which, as I mentioned previously, was accepted.

I emphasize that we recently held a constructive meeting with the Director of the International Labour Standards Department and with the national and international tripartite constituents, to whom we reiterate our satisfaction at the strengthening of the National Tripartite Committee and its subcommittees, forums which we consider to be vitally important in the development of dialogue, in which comprehensive joint solutions can be found to the labour dynamics of our country, as well as an ongoing implementation of the road map, in accordance with the Convention. In these forums we have expressed our views, we have listened to the views of others regarding the challenges to be faced, and we all share the concern of achieving full compliance with the road map and key indicators in the shortest time possible.

We have no doubt that the technical cooperation and assistance programme, requested of the Office by the Governing Body at its 334th Session, will contribute to the sustainability of the current social dialogue process and drive progress in the application of the road map. The aim is that this programme, approved by the Governing Body at its 340th Session of November 2020, can function rapidly, adding to the own efforts and funds supplied by the Office, and with those which we hope will come from the European Union this year. We are already grateful for this, which without any doubt, together with social dialogue and tripartism, will reinforce not only the legislative proposal but will also intensify institutional efforts to implement the road map, while not forgetting to emphasize that to this will be added the Guatemalan State’s own efforts through the institutions that focus their actions on the full respect for the right to freedom of association and protection of the right to organize, in full alignment with the scope of its powers.

Furthermore, we are grateful for the time and support of the international social partners, the ILO, the Office for Workers’ Activities (ACTRAV) and the Office for Employers’ Activities (ACT/EMP) for the consolidation on this path of social dialogue and the ongoing application of the Convention in practice.

In this regard, and with a view to a democratization and reinforcement of the exercise of respect for labour rights in Guatemala, it has been proposed to us, the tripartite constituents in my country, technical support deriving from the balanced application of the technical assistance and cooperation programme. It is my pleasure to say that we are once again grateful for the support offered and we consider that the exchange of experience and knowledge can promote the decision adopted by the Governing Body at its 334th Session, paragraph 401(b), firmly calling on the Government of Guatemala, the Guatemalan social partners and the other relevant public authorities, with the support of the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC), and the technical assistance of the Office, to elaborate and adopt legislative reforms that fully comply with point 5 of the road map.

I must emphasize that, aware of the responsibility of the Government with respect to the implementation of the road map and its key indicators, its commitment remains unlimited, being strengthened by addressing the concerns of the sectors, seeking to provide an institutional response that reaches the highest levels of efficiency and focuses on giving attention to our trade union leaders and members.

In reality this is a country which, despite receiving a massive shock to its economy, maintains its unlimited commitment and determination as a State to comply fully with all national laws and the international commitments relating to individual and collective labour rights, and to continue a dialogue focused on actions that enable the creation of decent work and sustained and sustainable inclusive economic growth.

Worker members – Five years after the last examination of the case, the Committee is once again being called upon to review the application of the Convention in Guatemala, a country which holds the dismal record of having appeared before the Committee on 19 occasions with regard to the application of the Convention.

The Government of Guatemala has not acted systematically in response to the serious observations and recommendations of the ILO supervisory bodies. Exactly ten years ago, the Workers’ delegates presented a complaint under article 26 of the ILO Constitution for the establishment of a Commission of Inquiry with regard to non-observance of the Convention. Our complaint was finally closed in 2018, and a three-year technical cooperation programme was adopted, entitled “Strengthening of the National Tripartite Committee on Labour Relations and Freedom of Association in Guatemala for the effective application of international labour standards”. The main objective of this initiative is precisely the protection and promotion of labour rights with a special focus on action against anti-union violence and impunity.

However, and we note this with great regret, no substantial progress has been made to put an end to acts of anti-union violence, including the murders of numerous trade union officers and the situation of impunity related to it.

The Government of Guatemala states that it carried out 55 risk assessments with regard to members of the trade union movement during 2020, with 1 personal security measure and 47 perimeter security measures. In 2021, a total of 19 risk assessments for members of the trade union movement were carried out, with 15 perimeter security measures adopted. These measures are far from being satisfactory; on the contrary, violence against workers and trade union leaders has not decreased. Between 2020 and 2021, 9 union leaders and members were murdered.

In respect for their memory, the Worker members wish to mention their full names: Gerson Hedelman Ortiz Amaya, member of the Municipal Development Institute Workers’ Union; José Miguel Alay, member of the Workers’ Union of the University of San Carlos; Héctor David Xoy Ajualip, member of an enterprise-level workers’ union; Julio César Zamora Álvarez, member of a dockworkers’ union; Ludim Estuardo Ventura Castillo and Cinthia del Carmen Pineda Estrada, of the Education Workers’ Union of Guatemala (STEG); Misael López, Fidel López and Medardo Alonzo Lucero, members of the Chorti Nuevo Día Federation of Peasant Farmers’ Organizations, and Carlos Enrique Coy, member of the Verapacense Union of Peasant Farmer Organizations (UVOC).

Each of these brutal crimes remains unpunished. Countless other trade union members and their families continue to be victims of attempted murder, violent assault, death threats, intimidation and harassment.

In the meantime, there have still been no convictions for the vast majority of the numerous recorded murders of members of the trade union movement. The Government is not fulfilling expectations and commitments entered into when undertaking investigations and proceedings, failing to perform actions as basic as gathering the testimonies of family members and witnesses, or omitting aspects of ballistic analysis, in cases involving anti-union crimes. As a result of these deficiencies, at least 105 murders have still not been resolved in judicial terms.

The extreme degree of violence which pervades the whole of society, aggravated by the lack of action by the Government as regards investigating and prosecuting anti-union crimes and protecting trade unionists, cannot go on being tolerated and calls for firm and immediate action.

Freedom of association cannot be exercised if human rights, especially the right to life and personal safety, are not fully respected and safeguarded. The Government of Guatemala cannot carry on evading its responsibilities. It needs to be reminded of its commitments under international standards, including in the context of the current technical cooperation programme, and its obligations towards its population to ensure a climate free of violence, pressure or threats.

The situation in the country is made worse by the long-standing gaps in the national legislation, which de facto deny workers their basic labour rights: section 215(c) of the Labour Code, which requires a membership of “50 per cent plus one” of the workers in the sector to establish a sectoral trade union; sections 220 and 223 of the Labour Code, which establish the requirement to be of Guatemalan origin and to work in the relevant enterprise or economic activity to be eligible for election as a trade union officer; section 241 of the Labour Code, under the terms of which strikes have to be called by a majority of the workers and not by a majority of those casting votes; section 4(d), (e) and (g) of Decree No. 71-86, which provides for the possibility of imposing compulsory arbitration in non-essential services and establishes other obstacles to the right to strike; sections 390(2) and 430 of the Penal Code and Decree No. 71‑86, which establish labour, civil and criminal penalties in the event of a strike by public officials or workers in certain enterprises and the exclusion of various categories of public sector workers (hired under item 029 and other items of the budget).

Despite the repeated requests of the various ILO supervisory bodies, the Government of Guatemala has not made any tangible progress to bring the legislation into line with the Convention. The Worker members urge the Government to amend the legislation in consultation with the social partners and in accordance with the Convention.

Nor has there been any progress on the long-standing issue of the registration of trade unions. According to the information provided by the Government, more than one third of requests to register a union reviewed in the last two years have been rejected and a significant number of requests are still being processed many months after they were submitted.

Nor has the Government made the slightest effort to comply with the reinstatement orders for workers who have been victims of anti-union dismissals.

Lastly, the Government has not made any progress in disseminating the awareness-raising campaign on freedom of association and collective bargaining in the country. On the contrary, the media constantly attack trade union leaders and their organizations. Since the article 26 complaint procedure was closed, the Government has not shown the slightest willingness to fulfil the commitments entered into under the 2013 road map.

The Worker members are extremely concerned at the persistence of anti-union murders and other acts of violence connected with the victims’ union activities, at the climate of widespread impunity in the country and at the total absence of progress or even evidence of the Government’s willingness to act, despite multiple and repeated calls from the various ILO supervisory bodies and the Governing Body and in spite of ILO technical assistance.

We demand that the Government take immediate, decisive and effective measures to protect the life and physical integrity of all trade union leaders and members and workers, to streamline investigations into anti-union crimes and to punish the perpetrators. We also expect the Government to bring the legislation into line with the Convention in consultation with the social partners and without further delay.

Employer members – We would like to begin by saying that we too are moved and touched by acts that involve the loss of human lives; in this case those of trade union leaders and activists.

This is a matter that we have been addressing for quite some time. The distinguished representative of the Workers already mentioned that a complaint was submitted in 2012 under article 26 of the ILO Constitution and was closed in 2018.

However, in the course of the follow-up evaluation by the Governing Body in 2013, a memorandum of understanding at the highest level was approved with the ITUC supporting that process; in 2014, it was agreed to adopt a road map; in 2015, nine key indicators were specifically included as follow-up to the road map; in 2017, a tripartite agreement was reached on four of the six legislative topics which the Workers’ representative has just mentioned; in 2018, the National Tripartite Committee was established which, inter alia, reached some additional complementary agreements, with three subcommittees discussing various aspects, including one dealing with specifically international matters.

At the closure of the complaint, it was finally agreed from 2020 to have a technical assistance programme and, in particular, the Governing Body requested a follow-up to this programme for the evaluation of the road map indicators. Indeed, these aspects resulted in the approval of the programme for three years. Lastly, reports were presented at the November 2021 meeting on the implementation of this cooperation and these technical assistance programmes.

Furthermore, since 2005, the Committee on Freedom of Association has been addressing allegations of serious and worrying acts of violence against trade union leaders and members. In Case No. 2609, which was last examined in October 2021, we are evaluating acts that occurred between 2004 and 2021, namely murders and killings of members of the trade union movement.

We are deeply moved as is only natural. However, regarding the developments on the road map, elements should be objectively noted with regard to specific actions by the various institutions in Guatemala. As regards the number of murders, some judgments have been issued recently in which we note – and it is not the information that we would ideally like since we would like to have specific details of all the cases – that there have been 22 convictions; 1 conviction with security and corrective measures; 5 acquittals; and 56 cases which are with the Public Prosecutor's Office and 59 with other branches of the prosecution service. In addition, there is another series of data, which include investigations that have been archived because of the death of suspected perpetrators of the crimes that were due to be investigated.

Certain legislative matters are also pending. Even though agreements have been adopted, as I mentioned, additional steps need to be taken in the Congress of Guatemala so that a tripartite agreement can be adopted in the form of a law in that country.

Also, as regards mechanisms for prevention and for the protection of union leaders, 119 protection measures have been adopted in the last two years. Although this is probably not sufficient, it does show concrete action in providing individual persons with protection programmes. This includes, in particular, the distinguished Workers’ representative of Guatemala, who, we are aware, is under a special protection scheme to provide him with all necessary guarantees.

With regard to labour inspection, we have recorded the fact that since 2017 regulations have been issued by the National Congress adopting new systems for the application of penalties and improving individual ways of gathering statistics and, in addition, strengthening institutions related to labour inspection.

Similarly, regarding the various road map indicators, we can see with regard to rulings handed down by labour tribunals that reinstatement has been sought for workers who have been the victims of anti-union dismissals and that there were 761 reinstatement proceedings in 2020, 727 in 2021, and 188 so far in 2022.

At the same time, there is a second awareness-raising campaign regarding freedom of association which is under way, following up on the first one. We all hope that through the Subcommittee on the Implementation of the Road Map there can be concrete implementation and follow-up to this indicator.

In addition, with regard to the unobstructed registration of trade unions, in 2021 a total of 57 organizations were registered and during 2022, 2 more organizations have been registered with legal personality.

As regards the approval of collective agreements, in 2020 a total of 13 agreements were approved, with a further 18 in 2021 and 2022.

Finally, regarding the road map indicators, we note the technical assistance programmes that are being implemented and through which there is specific action in tangible areas. I already referred to the functioning of the National Tripartite Committee. It would be good to know much more about its activities, in particular the attitudes of the different tripartite actors, the public authorities, the employers, but also the workers in relation to the smooth functioning of this organization.

Moreover, we know that the mechanisms for the protection of labour rights have been improved; there have been more activities on the part of the judicial authorities. Efforts are being made to bring the legislation into line with international standards, as a result of four of the six specific points which the Committee of Experts asked to be amended. Some of these referred to strike action; we have nothing particular to say on this subject.

Lastly, effective collective bargaining has been promoted, as borne out by the data regarding the registration of the approved agreements. In this regard, we see that there has been an evolving process which is insufficient, in which institutional operations in Guatemala need to be reinforced. In particular, we think it would be relevant to have joint action by these authorities to strengthen existing institutional activity in these dialogues, so that further progress can be made.

In conclusion, the Governing Body will undertake evaluations in the next two years with regard to these indicators precisely which makes it a competent body for following up on these subjects.

Employer member, Guatemala – We are grateful for the information provided by the Government of Guatemala, reporting on progress made regarding the implementation of the road map adopted on a tripartite basis in 2013.

First of all, I would like to speak of the topic of the greatest concern: namely, the acts of violence and the follow-up to the investigations into the cases of violent death. We start from the basis that the loss of any life is reprehensible; it cannot be tolerated for any reason whatsoever, whether or not it is related to the trade union activity of the victim.

Years ago, the figures reported showed little variation. However, for some time an interesting trend has been visible in the results that have emerged: they seem to indicate that there has been political will on the part of the State, which has been reflected in government departments dealing with these cases.

We would like to emphasize that, according to investigations into convictions and acquittals so far, in no case has an anti-union motive been established. Indeed, the motives have been seen to include personal issues, gang activity, theft, road accidents, extortion, marital problems and real estate problems, as reported to the Subcommittee on the Implementation of the Road Map. This is understandable in the context of violence unfortunately being experienced by our country, which in 2021 was ranked among the 15 most violent countries in the world according to international organization indicators. Official figures indicate over 60,000 murders in the last decade alone. We reiterate our condemnation of such facts, but it seems appropriate to us to list the motives on account of the reiterated finger-pointing in this room on this subject in previous years.

Moreover, it seems important to mention that the vast majority of these cases date back many years, which makes their judicial resolution quite complicated. Nevertheless, we note from the figures presented that there have been positive results showing that there has not been any anti-union persecution in Guatemala, as indicated to the Tripartite Commission on International Labour Affairs by the Commissioner against impunity in Guatemala after analysing the cases reported in this forum.

Furthermore, the political will to act can be seen in the fact that the mechanisms of prevention, protection and reaction against threats and assaults against trade union leaders are active and producing results.

We trust that such a course of action will help to resolve the situation faced by Mr Carlos Mancilla, President of the National Tripartite Committee, with whom we express solidarity.

Moving onto legislative matters, we work from the basis that over a number of years bipartite and tripartite agreements have been reached to amend the legislation as requested by the Committee of Experts, specifically the Penal Code, the Act on the unionization of state workers and the Labour Code. As regards the latter, even though no agreements were reached regarding some sensitive subjects for workers and employers, at least there was agreement on the direction in which such reforms should go. All of this was reported to our Committee and considered an important milestone.

We note with concern, on the one hand, that the agreed reforms have not made progress in the National Congress and, on the other, that the National Tripartite Committee has not been able to move forward in dealing with the pending reforms.

Genuine willingness is required from all those involved in the National Tripartite Committee to achieve concrete results. Some self-criticism on this last aspect would be appropriate, and I speak in a personal capacity as a member of the National Tripartite Committee. I wonder whether we have done enough to convince the legislative authority to approve the initiatives that we have submitted? Have we been proactive in the discussion of the pending reforms? Have we addressed the substantive themes of the National Tripartite Committee? Or, on the contrary, have we wasted time on irrelevant discussions, including merely formal ones relating to aide-memoires?

We trust that the outstanding topics, such as the establishment of trade unions by branch of activity and representativeness for negotiating collective agreements on conditions of work will be discussed and, hopefully, be the subject of tripartite agreement. This should be treated as a priority by the National Tripartite Committee, which should review its agenda placing this subject at the top.

A good example of such results being achievable can be seen in the legislative reforms enabling the General Labour Inspectorate to fulfil its mandate to ensure the effective application of the labour legislation, which were introduced by the National Congress by Decree No. 7 of 2017 in response to an agreement between the social partners.

Ultimately, we, the social partners, must commit to moving forward – this is how we see it. We have been doing this for many years and accordingly we are devoting our efforts to the social dialogue forums, the institutional round tables and other ad hoc initiatives with the aim of implementing the road map indicators and giving effect to the comments of the Committee of Experts.

Worker member, Guatemala – First and foremost, we would like to thank the Workers’ group for its demonstration of support and solidarity for the workers of Guatemala, with regard to ending the violence against trade union leaders and ensuring respect for the lives of the people of Guatemala, for the rule of law, for the application of prompt and due justice and the full validity of human and labour rights, freedom of association and collective bargaining. In the same way, we express our solidarity with our working comrades, men and women, in Latin America and the whole world, who, like us, are the victims of callous violence and murder, without any supreme power being there to overcome this, so that there can be peace and social justice in our countries.

The Autonomous Popular Trade Union Movement and the global unions of Guatemala, with regard to the complaint concerning non-observance by Guatemala of the Convention, submitted by delegates to the 101st Session (2012) of the International Labour Conference under article 26 of the ILO Constitution and as follow-up to the road map adopted by the Government of Guatemala in 2013, would like to make the following points.

The ongoing serious violations of freedom of association which have been occurring for years in Guatemala not only have a profound effect on labour relations but they also call into question the validity of democracy itself and human rights in the country. A ferocious anti-union campaign is being driven by employer and state sectors seeking to portray trade union organizations as being responsible for lawlessness, corruption and the economic crisis suffered by the majority of Guatemalans. Clear evidence of this is provided by the press campaign in which the leaders of the unions, including autonomous and global unions, are generally – and directly – disparaged and discredited. Certain persons connected to the employer sector are behind this.

These anti-union actions prepare the ground and result in events which seriously endanger the integrity of trade unions and their members. It is by no means a coincidence that many of our comrade union leaders and their families are receiving death threats. Regrettably, when the trade union movement calls on the competent authorities to intervene in order to preserve the safety of citizens, we are reproached with being bad citizens for merely requesting attention and protection against these attacks, which often culminate in murders committed with total impunity. The figures for violence against trade unionists in Guatemala are conclusive, with over 100 murders recorded in recent years, counting only those which have been reported to the Special Prosecutor at the Public Prosecutor’s Office.

With regard to labour rights, many workers have been dismissed for attempting to organize as a union, but reinstatement orders are not implemented by the employers in the majority of cases, and this genuine disregard incurs no consequences in terms of sanctions or enforced implementation. Multiple ministerial obstacles continue as regards the registration of new unions, as they do for the approval of collective agreements adopted by employers and workers. Lastly, and without having exhausted the list of problems, the Government of Guatemala is issuing a circular whereby collective bargaining in the public sector is practically prohibited.

The problem does not stop with the extreme seriousness of the murders, threats, surveillance and other forms of physical violence: there is an unrelenting impunity which the Government is incapable of ending.

The Public Prosecutor's Office has presented reports to the Governing Body on the status of investigations into some of the murders of trade unionists. These documents merely corroborate the technical incapacity and lack of political will to investigate the murders of our trade union comrades. The vast majority of cases are not making progress in procedural terms, and in those cases where there are new developments, in general they involve acquittals or the closure of investigations. In other words, total impunity.

Moreover, the outcomes of the road map agreed at the ILO have been absolutely insufficient and have not represented any significant changes regarding freedom of association in the country. The Government has failed to implement the road map, thereby disregarding the value of tripartism. Furthermore, the solution put forward by the ILO with respect to violence against trade unionists has been ignored.

Nor has the Government complied with the repeated observations of the ILO supervisory bodies concerning the need to bring its law and practice into line to respect the provisions on freedom of association and collective bargaining contained in the respective international Conventions ratified by Guatemala.

Recurring references are made to the willingness to engage in dialogue but on many occasions not even the tripartite forums on international labour Conventions are respected.

We are bound to note with regret that being a trade unionist in Guatemala is just as dangerous now as it was nine years ago, when the road map was signed.

Therefore, notwithstanding the reiteration of our commitments to making every possible effort to implement the pledges of the road map and, in general, to give effect to the rights of working people, we, the trade unions, request this Conference to call on the State of Guatemala to take specific action to guarantee the rights established in the Convention, and also in the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), on account of its nature and convergence.

In light of the above, we, the trade unions, will insist on the need to establish a Commission of Inquiry for Guatemala, just as we stated in the complaint already submitted several years ago.

Government member, France – I have the honour of speaking on behalf of the European Union (EU) and its Member States. The candidate countries Montenegro and Albania, and the European Free Trade Association country, Norway, Member of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, such as the right to organize and freedom of association.

We actively promote the universal ratification and implementation of fundamental international labour standards, including Convention No. 87. We support the ILO in its key role of developing, promoting and supervising the application of ratified international labour standards and of the fundamental Conventions in particular.

We wish to recall the commitment made by Guatemala, under the trade and sustainable development chapter of the EU–Central America Association Agreement, to effectively implement in law and practice the fundamental ILO Conventions.

Notwithstanding the closing of the complaint by the 334th Session of the Governing Body three years ago, the EU and its Member States continue to follow very closely the effective implementation of the Convention in law and practice, including the technical cooperation programme, and remain engaged with Guatemala on labour issues.

Tripartite consultations and meaningful, effective social dialogue are essential foundations for the application of fundamental principles and rights at work.

On the basis of the most recent report of the Committee of Experts, we strongly regret that, despite discussions at the International Labour Conference and in the Governing Body, the existence of the National Tripartite Committee, and technical assistance provided by the Office, there has been a lack of tangible progress in the implementation of the Government’s commitments with respect to the effective implementation of the Convention since the closure of the complaint.

While duly noting the information provided by the Government and recognizing the importance of the initiatives called for by the Subcommittee on the Implementation of the Road Map, we remain deeply concerned at the persistence of serious acts of anti-union violence, including murders of trade union officials and members, as well as the related situation of impunity. Effective protection of trade union officials and activists needs to be ensured to prevent any further acts of anti-union violence. In the absence of efforts to strengthen the prevention, protection and response mechanisms in respect of threats and attacks against trade union officials and activists, this regrettable situation is likely to continue, if not to become worse. In this regard, we call for effective investigations and prosecutions of the perpetrators and instigators of these acts.

We once again urge the Government to adopt, without delay, the legislative reforms that were submitted by tripartite consensus to the National Congress in order to fully comply with the Convention and implement the road map. We note with concern the continued challenges related to the process of trade union registration.

In connection with the above, we emphasise the importance of the effective implementation of the recommendations evolving from the technical assistance provided, including the dissemination of awareness-raising campaigns on freedom of association and collective bargaining.

We are happy to announce that, in the framework of the bilateral programme providing support for decent employment, the EU endorsed an agreement with the Government and the ILO only two weeks ago. As a result, the Ministry of Labour and Social Welfare and other state institutions and social partners are supported in fulfilling the commitments included in the road map.

The EU and its Member States will continue to follow and analyse the situation and remain committed to close cooperation and partnership with Guatemala in the fulfilment of all its obligations under the ILO Conventions, with a specific focus on the fundamental Conventions such as Convention No. 87.

Government member, Chile – I am making this statement on behalf of a significant majority of Latin America and Caribbean countries. We thank the Minister of Labour and Social Welfare of the Government of Guatemala for the information which he has presented today to this Committee regarding the application of the Convention. We recognize the commitment of the Guatemalan constituents towards strengthening the processes of negotiating and reaching agreements within the National Tripartite Committee and its subcommittees, giving priority to social dialogue and respect for international labour standards. We invite the Government to intensify its efforts and ensure the progress of the road map to consolidate social dialogue, a task performed so far by the National Tripartite Committee, and to ensure the application of the Convention. We recall that the ILO Governing Body provides an annual follow-up to the implementation of the road map relating to this Convention in the context of the programme to strengthen the National Tripartite Committee in Guatemala for the purpose of the effective application of international labour standards. A significant majority of Latin America and Caribbean countries also recalls the appeal by the Government of Guatemala to donors, during the presentation of the first annual report on the application of the above-mentioned programme in November 2021, to contribute financially and technically to strengthening national resources and efforts intended for its implementation. It is noted that the actions referred to by the Government of Guatemala have been financed with own funds and with funds located by the Office originating from other programmes.

Lastly, we reiterate our concern at the simultaneous use of mechanisms to deal with the same allegations relating to a country which is already under consideration by the Governing Body. We consider that the application of mechanisms could weaken the functioning of the ILO supervisory bodies.

Employer member, Panama – In light of the report of the Committee of Experts and after hearing and analysing the Government’s reply and detailed explanations reporting on progress made in relation to the road map adopted on a tripartite basis, a process which, as Central American citizens and employers, we have followed with interest, we note with concern the situation of insecurity suffered by Guatemala, which affects trade union leaders and members and the general public.

The personal safety and physical integrity of every person has no price. Enabling national and even regional social and economic development is fundamental for creating a climate of stability in the country. That said, it is important to emphasize that the figures and statistics reported in the criminal proceedings conducted under the principles of judicial independence and due process, which are fundamental under the rule of law, investigated by the Public Prosecutor’s Office and conducted in the courts, indicate a large number of rulings in cases of violence which form part of the Committee of Experts’ report. In this regard, it is reported that even the budget of the Public Prosecutor’s Office has been increased and a Special Prosecutor’s Office has been established, which is an indication of great interest in complying with the Committee of Experts’ requests and tackling the scourge affecting us.

Furthermore, it is important to emphasize that social dialogue and tripartite agreements are fundamental for achieving the legislative reforms referred to in the Committee of Experts’ report. We know that in the past a dialogue was held on the adoption of legislative proposals, and this ground to a halt. However, we consider that it should be resumed as urgently as possible; dialogue is an obligation rather than a right, and here we are all called on to make every effort in good faith for the benefit of the population of the country.

Worker member, Botswana – I have the honour of speaking on behalf of the Southern Africa Trade Union Coordination Council (SATUCC). Any effort at improving the situation of freedom of association in Guatemala is being compromised due to bad faith on the part of the Government.

The SATUCC notes that the Committee of Experts recalled that the Governing Body had requested the Office to develop a technical cooperation programme to boost progress in the implementation of the road map adopted in 2013. The programme entitled “Strengthening of the National Tripartite Committee for the effective application of international labour standards” provided for annual follow-up reports by the ILO for three years from adoption of the programme. Counter to the objectives agreed upon in the road map, the Guatemalan Government is now denying that the road map’s objectives are valid.

One way the Guatemalan Government has invalidated the road map’s objectives is by not acknowledging that the workers get representation. It has come to our attention that Guatemala’s Ministry of Labour has consulted the ILO on verifying the representativeness of the workers’ delegates participating in the National Tripartite Committee. Denial of these labour standards hurts workers by violating their rights to organize and bargain collectively.

The Guatemalan Government’s attitude contrasts with the information they provided to the Committee of Experts in which they acknowledged that “the active role played by the National Tripartite Committee was in compliance with the road map”.

Questioning the representation of the trade union organizations that are part of the democratic dispensation of labour relations in Guatemala is clear evidence that the commitments made to the National Tripartite Committee are not being fulfilled. This questioning of trade union representation is also a blow to the social partners since it appears that the Guatemalan Government now does not recognize workers as one of the key actors in social dialogue.

The consultation of the Guatemalan Government with the ILO is taking place in a context that fails to comply with the judgments on the reinstatement of workers dismissed for anti-union discrimination and the non-observance of the obligations arising from the agreed upon objectives of the road map.

It beggars belief that, in a country where trade unionists are harassed, killed and threatened for over four decades, its Government decides to open a discussion to decide whether workers are being properly represented or not. This is not a deft strategy at union-busting, it is an unquestionable action being couched in state paranoia. In our region in Africa, our anti-colonial and apartheid experiences tell us that this practice is an act of bad faith and a clear bullying tactic that a conscionable society must stand up against.

Employer member, Honduras – We have listened to the explanations of the Government of Guatemala concerning the progress made in relation to the road map adopted in 2013 on a tripartite basis, a process which we have followed up on as Central American employers.

Guatemala is suffering from a situation of insecurity which affects trade union leaders and members, just as it does the rest of the population. However, the figures seem to support the fact that the authorities of that country, the Public Prosecutor’s Office and the courts, are working on resolving the cases of violence described in the report, which we think is worth highlighting.

As employers we condemn any kind of violence, but we need to understand that insecurity can only be resolved with transparent processes that strengthen countries’ systems of justice. These processes can take years but we emphasize that, as a result of the tripartite agreements reached in Guatemala, it has been possible to cast light on many of the cases relating to trade unionists in Guatemala, with the conclusion that there have not been any cases of anti-union violence.

On the other hand, we see that the legislative reforms to which the Committee of Experts refers have still not been adopted as bipartite and tripartite agreements exist on several subjects referred to by that Committee. We insist on the need to support and trust in social dialogue as the appropriate mechanism for the social partners and the Government to provide an adequate response to all the topics raised.

Many of the legislative reforms recommended by the Committee of Experts are dialogue processes which require a great deal of discussion. It should be emphasized that these are already at an advanced stage and so agreements will soon be reached that will result in legislation which is totally in line with the provisions of the Convention.

We are aware of the process which was conducted in the past by the social partners regarding the adoption of legislative proposals. We hear that this dialogue is due to resume on the understanding that all the stakeholders must act in good faith and with a real willingness to reach agreements.

Lastly, we ask this Committee to continue trusting in the efforts made by the workers, employers and Government of Guatemala, because through social dialogue they are reaching favourable solutions which have contributed to combating impunity and thus provide guarantees for exercising the right to freedom of association in Guatemala.

Worker member, Colombia – I am speaking on behalf of the three Colombian trade union confederations, the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), who view with immense concern the degree of violation of freedom of association in Guatemala and the serious risk to the lives of union leaders in this country.

The situation of violence and persecution experienced by our fellow trade unionists in Guatemala has escalated to even more serious levels, with impunity and government neglect persisting. Workers have reported the murder of more than 100 union leaders in recent times. On 7 May 2021, Cinthia del Carmen Pineda Estrada, leader of the Education Workers’ Union of Guatemala (STEG), was murdered, and other serious acts of anti-union violence were committed in 2020 and 2021. In addition, access to justice for workers has been ineffective and almost non-existent, with only 22 convictions.

We are concerned about the regulatory elements in Guatemala that jeopardize the right to strike and also provide for the possibility of imposing compulsory arbitration in non-essential services; a situation that impedes the right to strike, a fundamental element for the free exercise of freedom of association accorded to organizations under the Convention.

It will be impossible to overcome this burden of the Government’s non-compliance with its international obligations when neither before nor now have the necessary conditions and actions been put in place to investigate the murders of the members of the trade union movement and, as the ITUC states, Guatemala is one of the most dangerous countries in which to carry out union activity.

Not heeding the calls of the Committee of Experts and the Committee on Freedom of Association is inexplicable and absurd when lives are at stake. This lack of action and results for the protection of union leaders heightens the possibility of further murders of our colleagues, whose important work to strengthen harmonious labour relations we appreciate.

The persecution and arbitrary prosecution of trade unionists who honourably defend the principles of the ILO and the tenets of the Convention must cease, and we urge, as did the Committee of Experts, that investigations and sanctions be accelerated, as well as protection and guarantees for the exercise of freedom of association and respect for fundamental rights, which cannot provide respite if they are not upheld seriously.

Government member, United States of America – This is the Committee’s first time discussing the Government of Guatemala’s compliance with the Convention since closure of the long-standing article 26 complaint. We note the Committee of Experts’ deep concern regarding the serious and ongoing violation of the Convention. We urge the Government to make meaningful progress on the issues that were the subject of the complaint, in both law and practice, in the almost four years since its closure. We call on the Government to fully implement all outstanding recommendations from the various ILO supervisory bodies, including the 2013 road map. To that end, we urge immediate and effective action to improve investigative processes and increase prosecutions of those responsible for acts of violence and murder against trade unionists; recognize threats, intimidation and harassment against trade unionists as acts of violence; create a safe enabling environment that allows all workers to freely exercise their rights, including the strengthening of mechanisms to protect workers’ rights; adopt legislation to bring its laws into line with international labour standards on freedom of association and collective bargaining, including by institutionalizing the National Tripartite Committee and to give effect to the decision on the right to strike reached by tripartite consensus; continue to improve the system for registering trade unions and collective bargaining agreements and for issuing credentials to union leaders; and ensure the timely issuance of notices to employers of workers intent to unionize. This will require the Government to provide the labour inspectorate with additional resources to effectively operate in all regions of the country, particularly in the agriculture and maquila (export processing) sectors where labour law violations related to freedom of association and collective bargaining especially persist.

We remain committed to working with the Government to advance workers’ rights in the country. We urge the Government to implement these recommendations in close cooperation with the social partners in the ILO.

Worker member, United Kingdom of Great Britain and Northern Ireland – Since 2013, the ITUC has been working in partnership with Guatemala’s oldest private sector union. That banana union was, for several years, one of the most persecuted unions in the world, with 12 senior members murdered in the seven-year period, including one leader murdered just five days after meeting with the Ministry of Labour to complain about harassment. None of those murders have ever resulted in prosecutions. Despite this traumatic history, the union was determined to become even stronger, and to establish constructive tripartite dialogue with their previously hostile employers and the Labour Ministry that had failed their colleague.

Their success is a perfect illustration of the fact that the Convention enables other fundamental rights. A report from 2021 showed that the unionized banana workers of the Caribbean coast earned twice as much as their non-unionized colleagues elsewhere. They worked, on average, 12 hours less a week. One notable finding of the report was that 58 per cent of women in non-union plantations faced sexual harassment at work compared to only 8 per cent of women at unionized plantations.

During the COVID-19 pandemic, at unionized workplaces, to respect distancing, unions negotiated special transportation and the safe shift distribution of workers in packing plants. But 85 per cent of banana employment is in the southern region, where wages are lower, conditions of work more precarious, and unions are non-existent.

The stark difference between the two groups of workers puts the unions’ achievements at risk. One major banana multinational abandoned five unionized farms in the north and now produces the same amount of fruit once produced on those northern facilities on outsourced – and non-union – facilities in the south. The simple answer – unionizing the south – is impeded by the violent reaction to the previous attempt to introduce unions. In 2007, labourers from a farm in Escuintla moved to unionize.

Less than a year after the organization’s formation, one union leader was shot dead. A month later, the daughter of the union’s general secretary was raped by armed men allegedly linked to the management of the plantation. Investigations into these cases have not been solved.

The union collapsed soon after, and no other has yet risen to take its place anywhere in the region. As one online fruit industry publication puts it: “It is simply not credible to conclude that there are no trade unions in the south because there are no injustices or improvements to be made; workers have not formed or joined unions because employers discourage independent trade unions and workers fear reprisals.”

The absence of unions in the south is persistent, and the danger has not gone away. Just a few weeks ago, a national trade union leader who had just been involved in a discussion with a southern employer over the possibility of a trade union leadership training school, received death threats, as did his family.

Following this, the union told me the Government’s interest in violating their rights, especially in southern Guatemala, has grown overwhelmingly. Employers there fail to comply with the minimum guarantees of the Labour Code and those who try to organize a union are persecuted and fired from their jobs, just because of claiming their rights.

While attempts to destroy the unions in the north failed, they are now able to bring the benefits of collective bargaining to their members. It is clear that for most of the banana industry and across the private sector there are still too many barriers to work, such as freely joining or forming trade unions, and a culture of low pay, long hours, and abuse is thus perpetuated.

Worker member, Mexico – We, the workers of Mexico, express our solidarity with our fellow workers of Guatemala in the light of acts of violence against the leaders of trade union organizations, acts that hurt and violate the principles of the protection of their integrity. We regret that these events have been recurring for more than 20 years, and we urge and request the Government to maintain a rule of law that guarantees the correct application, not only of fundamental labour standards, but also of the basic principles of human rights. At this Conference are our colleagues from Guatemala who have been victims of violence and have received death threats that have been reported to the Public Prosecutor’s Office.

Another point of concern is the questioning of the representativeness of the presidency of one of the trade union confederations, an attitude that limits freedom of association and contradicts the attempts to implement a tripartite dialogue to work through the observations of the ILO supervisory bodies.

Although there have been several round tables for dialogue, they have not yielded the expected results, showing that the problems continue to be deep-rooted and systemic. In this regard, we express our concern that these measures fall short, since, although there is a road map, its purpose is to solve the underlying problems and not only to serve for the presentation of reports that may be far from the day-to-day reality for unions.

Violence, attacks by the media and intimidation against trade unionists must end. The correct application of the Convention must be accompanied by measures that guarantee the safety of trade unionists without them being branded as bad Guatemalans for genuinely raising their voices to assert their labour rights.

We believe that it is time to take urgent measures to ensure the protection of labour rights and freedom of association, so it is important that the Government accepts a request for a high-level tripartite mission to analyse on the ground the violations and the conditions that union leaders are enduring in our sister country.

Worker member, El Salvador – We have before us a case of repeated violation of the Convention, which, in addition to the numerous observations received from the Committee of Experts, this Conference Committee discussed in 2011, 2013, 2015, 2016, 2017 and now again. As was said during the discussion of the case of Ecuador, this “is no longer a technical or legal discussion”, but a case of the political stubbornness of different Governments over the years.

In addition to the legislative aspects highlighted by the Committee of Experts, and in spite of the data provided by the Government, attacks on trade unionists continue to take place with total impunity. For example, the headquarters of the Union of Workers of the Legislative Body were attacked and set alight, and to date the perpetrators have not been identified. In addition, its union leaders and members of the executive committee, along with other union members, were fired and then criminally prosecuted when they tried to hold a press conference to denounce the unjustified dismissals.

On 17 January 2019, the leaders of the National Union of Health Workers of Guatemala were arrested along with nine other people as part of an investigation for an alleged fraud against the State. The fraud in this case concerned a collective agreement that the now detained concluded with the Ministry of Health in 2013. This collective agreement was the result of a previous negotiation; as such, it contained both rights and obligations for the parties. The Anti-Corruption Prosecutor’s Office characterized as fraud an agreement that, in its interpretation, represented a detriment to the State because it was unable or unwilling to comply.

The Government informs that the Office of the Prosecutor for Crimes against Judicial Officials and Trade Unionists continues to carry out exhaustive investigation efforts in compliance with the rule of law and highlights a great investment in security for threatened trade unionists. However, there are currently more than 25 judicial officials, including judges and prosecutors themselves, who are in exile because of acts of intimidation and repression against them for carrying out their work, so not even those who should protect are protected.

In conclusion, we urge this Committee to adopt conclusions that reflect the gravity of this case, and the ILO Governing Body to resume the establishment of a Commission of Inquiry on Guatemala.

Worker member, United States – Once again, the case of Guatemala’s long-standing non-compliance with the Convention is under discussion by this Committee. Despite decades of engagement by the ILO’s supervisory mechanisms and technical assistance projects, Guatemala trade union leaders continue to place their lives and livelihoods at serious risk.

Since 2005, the Committee of Experts and the Committee on Freedom of Association have been examining a constant stream of serious acts of violence against trade union leaders and members, including numerous murders, the vast majority of which remain in impunity. Despite these efforts, the violence and threats continue with nine more trade union leaders murdered in 2020 and 2021. Earlier we heard about the threats against Carlos Mancilla and his family. This is especially alarming since Mr Mancilla is the President of Guatemala’s National Tripartite Committee, which has been tasked with helping implement the 2013 road map.

Beyond the issue of violence, the Government of Guatemala is generally failing to effectively enforce its labour laws related to freedom of association and collective bargaining.

In their filing to the Committee of Experts in relation to this case, the Guatemalan trade unions identified 90 separate cases where employers are violating Conventions Nos 87 and 98 with impunity. These findings track with a 2017 report from an independent arbitration panel which found that Guatemala was failing to effectively enforce its domestic labour laws, as required under the Central America Free Trade Agreement.

As the Committee on Freedom of Association and the Committee of Experts have said many times, “trade union rights can only be exercised in a climate free from violence, intimidation and threats of any kind against trade unionists”. Unfortunately, Guatemala continues to fail in this essential obligation.

Accordingly, we once again call on the Government to take urgent action to address threats and violence against trade unionists and comply with the other recommendations contained in the Committee of Experts’ report.

Worker member, Spain – We note with deep sadness and disappointment how the work that the ILO has carried out for years in Guatemala for the effective application of international labour standards is being disregarded. Despite the technical assistance offered by the Office and the repeated requests of the Committee of Experts, the Committee on Freedom of Association, this Committee and the Governing Body itself, the Government of Guatemala continues to fail to take the necessary measures to bring its law and practice into line with the provisions of the Convention.

The Government continues to impede the registration of trade union organizations, the enforcement of anti-union dismissal rulings, the development of collective bargaining and the exercise of the right to strike. Likewise, it continues to do little to put an end to the serious situation of violence and harassment suffered by union members and their families.

The trade union movement in Guatemala is suffering an intolerable policy of terror and repression, which has not only been perpetuated over time but has intensified in recent years. Trade unionists are illegally detained and imprisoned; they are kidnapped and murdered; they are singled out, disparaged and publicly exposed by the media, and are exposed to death threats for defending better living and working conditions, as was recently the case for our colleague Carlos Mancilla, to whom we convey our solidarity, support and respect.

Faced with the inaction and indifference of the Government of Guatemala with regard to the repeated and serious violations of the right to freedom of association, it is time for this Committee to provide a firm and forceful response. For this reason, we request the Committee to invite the Governing Body to appoint a high-level tripartite mission to examine the failure of the Government of Guatemala to implement the Convention.

Observer, IndustriALL Global Union – I am speaking on behalf of IndustriALL Global Union, which is an international trade union federation representing more than 50 million workers in the mining, energy and manufacturing sectors around the world, including Guatemala. As mentioned earlier by members of the Workers’ group, the fundamental rights of workers are currently being violated in Guatemala through threats and intimidation that seriously hinder the full application of the Convention. Evidently there is a major attack against union leaders that continues on a daily basis as they defend workers’ rights.

Here, I would like to mention some concrete examples from the field of how workers cannot exercise freedom of association. A union affiliated to IndustriALL, the Trade Union Federation of Food and Allied Industry Workers (FESTRAS) and one of its rank-and-file members had an eight-year labour dispute with the Guatemalan subsidiary of a Luxembourg-based steel company. A complaint process was initiated before the Organisation for Economic Co-operation and Development (OECD) because the company refused to recognize and negotiate with the union in Guatemala.

Finally, after eight years, the local union succeeded in registering the first collective agreement on working conditions. Once again, it took eight years to reach a collective agreement during which the workers suffered greatly, as there is no enabling environment in the country to ensure that workers’ fundamental rights are respected.

Unfortunately, our affiliate FESTRAS has informed IndustriALL that another of its rank-and-file members continues to face violations of Conventions Nos 87 and 98. In the subsidiary of a multinational company headquartered in the Republic of Korea, the enterprise does not respect the right to freedom of association. Two weeks ago, the company shut down its operations and dismissed a number of workers in an attempt to prevent union membership. It should be added that the Korean enterprise’s workers have tried to move to maquilas (export-processing enterprises) in the sector. In addition, the subsidiary of the multinational company uses physical and psychological violence, intimidation and threats against the local union. The general secretary of the local union was harassed and received death threats, so her emergency departure from the place where she lived with her young children was organized and she was moved to a safe location.

There is another sector in the Guatemalan economy where freedom of association is virtually impossible, and where there is immense pressure against unions: the maquila sector. Workers in the maquila sector generally fear that companies may retaliate against them if they decide to join a union. They are often intimidated, threatened, blacklisted and even dismissed.

We therefore urge the Government of Guatemala to take immediate measures to establish an enabling environment for workers to exercise their fundamental right to freedom of association with clear timelines and in compliance with the Convention.

Government representative, Minister of Labour and Social Welfare – I wish to begin by reiterating that the Government of Guatemala deeply regrets the violent deaths of all persons in our country, including trade unionists.

Next, I would like to take this opportunity to say that I have listened carefully and with interest to the interventions of the honourable representatives of the Employers’ group, Workers’ group and Government group, and to point out that, despite the fact that we have had to overcome the crisis left by the COVID-19 pandemic, in addition to natural disasters such as the Eta and Iota storms, to be tough when it comes to the economy and to monitor those who benefit least from economic growth and still suffer the effects of the pandemic, the Government of Guatemala has maintained and maintains its commitment to redouble efforts to address the observations of the Committee of Experts and to act with determination to improve compliance with the Convention. We also believe that, as referred to at the time before the representatives of the workers and employers, we recognize and reaffirm that it is necessary to focus tripartite efforts on a national approach as a medium- and long-term strategy, which goes beyond the short term with what has been discussed in the ILO supervisory bodies and allows us to obtain sustainable results.

We are aware that the trust-building processes and the results of these processes will take time and may take longer than desired. However, we must continue our efforts to face the challenges ahead of us, such as our recent national history, where there is divergence on certain points. Emphasizing that the most important thing is to prioritize tripartite dialogue, social dialogue and the opportunity that this space offers to the three sectors that make up the honourable National Tripartite Committee, the strength of which is that, beyond reaching agreements, we can continue dialogue and advancing concrete actions to implement the road map as we have been reporting, efforts that come to fruition, as I have already indicated, through concrete actions, for example Ministerial Order No. 288 of the Minister of the Interior, which by instruction of the President of the Republic, Mr Alejandro Giammattei, was signed on 3 June and published today, thus restarting the operations of the unit for analysing the attacks on trade union leaders and members, through which we focus that analysis on prioritizing our union leaders and members and avoiding any recurrence of regrettable cases such as that of the National Tripartite Committee President, Mr Carlos Mancilla, to whom personal protection measures were rapidly assigned.

In observance of the application of the ILO fundamental Conventions, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Declaration of Philadelphia, respectfully I would like to reiterate the commitment of the State of Guatemala to compliance with international conventions and especially the ILO fundamental Conventions, towards which constant progress has been reported, recalling that the most important lesson that has been obtained from the road map process, which as already mentioned dates back years, and its key indicators proposed by the tripartite actors in 2015, is the need to build trust and consolidate genuine social dialogue for our country accompanied by continual displays of political will that have transcended changes of government and of those who lead each of the institutions that have responsibility for the implementation of the road map and the results for each of its key indicators. This has been reported to the ILO Governing Body and will continue to be reported under the technical assistance and cooperation programme, a provision referred to at its 340th Session in November 2020, in observance of the national tripartite agreement signed in November 2017 in Geneva, Switzerland.

Before concluding, and because I consider that the circumstances warrant it, I would like to refer to one of the points that was previously mentioned, and I would like to reiterate that the Government of Guatemala has at no time attempted to interfere in or question the internal processes of workers’ or employers’ organizations. It has only attempted to lay the foundations for respecting the principles that underpin democratic institutions, the decisions and internal processes of the organizations in terms of their representativeness in accordance with the principles established in the Convention itself. The State of Guatemala is committed to preventing and punishing any act of violence, especially if it is based on anti-union discrimination.

Our recent history traverses the obstacles imposed by social inequality within the context of a globalized economy and the persistence of historical issues linked to the transition from a society of conflict to a democratic society, which influence credible actions in institutional consolidation that guarantee respect for the fundamental rights of freedom of association and collective bargaining, beginning with the acceptance and practice of the basic aspects that support this system, such as the institutional framework for representativeness of both workers’ and employers’ organizations.

The true democratic basis for the free and voluntary practice of workers’ organizations will only be possible when the strengthening of such organizations, through sufficiently broad affiliation processes, constitutes a practice accepted by society as a mechanism that guarantees the development of democratic social relations and a stable, productive and, above all, inclusive economy. This is the only way that social justice, as a goal of this organization in labour relations and a constitutional principle of the Republic of Guatemala, can be a reality, which means that talking about the subject in a transparent and direct way does not equate to questioning but implies the need to address the subject as a fundamental part of the democratic processes.

Our beautiful Guatemala is eager to reach tripartite consensus to present solutions to the needs and concerns of the Guatemalan population in the world of work. Undoubtedly, we must recognize the importance of continuing with social dialogue and show signs of humility in requesting help when it is needed. In this regard, I reiterate our firm wish that more countries will contribute financially to the technical assistance and cooperation programme that will surely contribute to the efforts reflected by the Government. I can only encourage my fellow constituents of the National Tripartite Committee to resolve issues related to labour relations and freedom of association, and the countries to support us and the continuation of constructive dialogue and results that will allow us to continue reporting to the ILO Governing Body within the framework of the technical cooperation programme.

Worker members – Regrettably, the replies provided by the Government of Guatemala have not calmed our deep concern at the difficult situation of workers and trade unionists in the country. We also regret that the spokesperson for the Employers’ group claims to have seen signs of progress. As long as there is even one murder in Guatemala, it is indecent to speak of progress. The Worker members will never make concessions on this.

The Worker members deplore, in the most robust terms, the Government’s lack of will to stand up once and for all against the many anti-union murders and acts of violence and harassment, the situation of impunity surrounding these crimes and the general climate of violence and fear which acts as a strong dissuasive factor against workers freely exercising their right to establish and join unions and collectively defend their interests.

Guatemala has been the subject of many reviews by the ILO supervisory bodies. Despite the recommendations made, the situation in the country is continuing to worsen, with nine trade union leaders and members being murdered in 2020–21. The investigation and prosecution of the many cases of murder are, in the best instances, slow, and in the majority of cases have ground to a complete halt. Other violent anti-union acts, including attacks, death threats and harassment, are simply not investigated by the authorities. In this regard, the Employers’ delegates of Guatemala and Honduras have questioned the link between these murders and trade union activities. It is undoubtedly a surprising coincidence that all the persons I referred to in my first intervention were trade unionists.

Guatemala cannot continue to ignore its responsibilities. The seriousness of the crimes committed and the surrounding impunity cannot continue to be ignored and requires urgent, decisive and effective action. Human lives are at stake.

The Worker members resolutely recall that freedom of association cannot be exercised unless human rights are fully respected and safeguarded, and particularly the right to life and personal safety.

We urge the Government of Guatemala, within the context of ILO technical cooperation, to: investigate all acts of violence against trade union leaders and members, including murders, as well as attacks and physical and death threats, intimidation and harassment, with a view to determining responsibilities and punishing the instigators and perpetrators of these acts, taking fully into account the trade union activities of the victims in the investigations; provide rapid and effective protection to all trade union leaders and members who are at risk with a view to preventing further acts of anti-union violence, by increasing the budget for protection programmes for members of the trade union movement so that those who are protected do not have to personally cover the associated costs; eliminate the various legislative obstacles to the freedom to establish trade unions and revise the procedures for applications for registration; ensure that rulings reinstating workers who have been victims of anti-union dismissals are given effect in practice; adopt the necessary measures for the dissemination of the awareness-raising campaign on freedom of association and collective bargaining in the national media, and immediately refrain from stigmatizing and discrediting union officials, their organizations and collective agreements in the media.

With reference to the many legislative issues raised over the years by the Committee of Experts, the Worker members emphasize that the current legislation is a serious obstacle to the right to establish and join unions in the public sector, at the sectoral level and in small enterprises, which account for the immense majority of enterprises in Guatemala. The legislation also imposes undue restrictions on the right to strike.

We regret the lack of progress in bringing the national legislation into conformity with the Convention and we urge the Government of Guatemala to amend the legislation in consultation with the social partners and in accordance with the Convention and the recommendations of the Committee of Experts. We urge the Government to accept, before the next session of the Committee of Experts, a high-level tripartite mission. And, in view of the seriousness of the issues raised, we call for this case to be included in a special paragraph of the Committee’s conclusions.

Employer members – We see significant grounds for making a number of proposals, as I will indicate below. But beforehand, I wish to place emphasis on the reference made in the statement by the Minister to Ministerial Order No. 288, published on 3 June, creating the unit for the analysis of attacks against trade union leaders and members. This seems to be excellent news. Nevertheless, within the context of the ILO, where there are tripartite mechanisms, we would have liked this measure to have included the possibility of the participation of employers’ representatives.

Second, we would like to welcome the decision concerning the agreement with the EU, as indicated by the EU representative, on institutional strengthening and the development of programmes, which the Government of Guatemala has already announced.

Third, and I cannot let this pass, I would like to say that noting the progress achieved does not mean that everything has been resolved. It is like a patient who was in intensive care and is moved to special care and then goes home to complete the recovery; it does not mean that the patient is entirely healthy, but that there has been an improvement. And indeed we observe, with all the details that I gave, that there have been improvements. In particular, I would like to recall what the Employer representative of Guatemala said, that over the past decade, according to official figures, there have been over 60,000 murders in Guatemala. We are saddened by all these lives lost, all the lives of workers’ representatives, but also probably many other lives, certainly including, although we do not have a list, Guatemalan employers.

The exercise of freedom of association can only take place in an environment free of violence, intimidation and threats of any kind. To achieve this, governments have to ensure that freedoms can be exercised in practice. And, for this reason, we consider that certain proposals have to be made: the first relates to the indication in the report by the Special Prosecutor concerning the organization by the Public Prosecutor's Office since 29 November 2021 of weekly meetings on Fridays for workers’ representatives with the Prosecutor-General of the Office of the Special Prosecutor for Crimes against Judicial Officials and Trade Unionists to deal with related cases. And we are informed that up to the date of the report, workers did not attend any meetings.

A first proposal by us is to invite and encourage workers and their organizations to participate in meetings of this type that are being organized by the public authorities in Guatemala.

Second, with reference to acts of violence, which sadden us, we believe that all acts of violence against trade union leaders and members must be investigated to determine responsibilities and punish all the perpetrators and instigators. It also appears to us that effective protection needs to be provided rapidly to all trade union leaders and members who may be at risk with a view to preventing any future acts of anti-union violence.

Third, it seems to us to be important to encourage the Government, within the framework of the technical assistance programme, to develop national dialogue with the most representative employers’ and workers’ organizations, with a view to making progress and facilitating the procedures for the registration of unions in Guatemala.

Fourth, it seems to us to be important for there to be dissemination in the media at the highest level through a campaign on the recognition of freedom of association and collective bargaining.

Lastly, I wish to note the interest in the Employers’ group for follow-up through the Governing Body and the subsequent reports which the Government of Guatemala has undertaken to provide on the implementation of the road map.

Conclusions of the Committee

The Committee took note of the oral and written statements made by the Government representative and the discussion that followed.

The Committee deplored and deeply regretted the persistent acts of general violence and the violence against trade union leaders and members, including murders and physical aggression, and the culture of impunity that prevails in the country.

Taking into account the discussion, the Committee calls upon the Government, in consultation with the social partners, to:

- investigate without delay all acts and threats of violence against trade union leaders and members with a view to identifying and understanding the root causes of violence, taking into account their trade union activities as a motive, determining responsibilities and punishing the perpetrators;

- provide rapid and effective protection to all trade union leaders and members who are under threat by increasing the budget for such programmes and ensure that protected individuals do not personally have to bear any costs arising from those schemes;

- eliminate the various legislative obstacles to the free establishment of trade union organizations and, in consultation with the social partners, resolve the handling of registration applications;

- ensure that judicial decisions of reinstatement in employment following anti-union dismissals are enforced without delay;

- increase the visibility of the awareness-raising campaign on freedom of association in the media and ensure that there is no stigmatization of trade unions, their leaders and collective agreements;

- bring national legislation into conformity with the Convention, in consultation with the social partners; and

- redouble efforts to fully implement the road map adopted on 17 October 2013, in consultation with the social partners.

The Committee invites the Government to avail itself of technical assistance from the Office to give full effect to these conclusions.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2022 providing information on the application of the Convention in law and practice, in consultation with the social partners.

Government representative – I would like to reiterate Guatemala’s commitment to continue monitoring compliance with the Convention, and to redouble our efforts not only to continue building a more mature dialogue among the sectors that make up the National Tripartite Committee, but also to show clear signs of the progress which we have made in implementing the road map; and that we can, as a country, build trust among the sectors involved at the national and international levels so that we can see the progress of this commitment, on which we have been reporting, in all the areas that the ILO has indicated to us.

Therefore, we take note of and will address the conclusions that have just been presented in this room.