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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. The right of rural workers to establish organizations of their choosing without previous authorization. The Committee notes the observations of the Trade Union of Workers of Guatemala (historical UNSITRAGUA), received on 22 October 2014, on the situation of agricultural workers in Guatemala. The Committee notes that historical UNSITRAGUA reports widespread anti-union practices in smallholdings in the country, including many anti-union dismissals and, in some cases, threats, acts of violence and murders. UNSITRAGUA maintains that the alleged anti-union practices result in a 1 per cent trade union membership rate in the agricultural sector. The Committee notes that the acts of violence reported by UNSITRAGUA are being examined by the Committee in relation with the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and by the Committee on Freedom of Association as part of Case No. 2609. With regard to the alleged anti-union practices preventing the exercise of trade union activity in the agricultural sector, the Committee requests the Government to provide information on action taken by the labour inspectorate to ensure that rural sector workers can freely exercise their right to organize. The Committee also requests the Government to provide statistics on the number of existing rural workers’ trade unions and associations in the country, and on the number of their members.

Articles 4–6. Development of rural workers’ organizations and their role in economic and social development. The Committee recalls that the Convention not only establishes that rural workers shall freely exercise their right to organize but also provides that the State shall further the development of rural workers’ organizations and promote their participation, through their organizations, in economic and social development. The Committee therefore requests the Government to provide information on measures taken to facilitate, first, the establishment and growth, on a voluntary basis, of strong and independent organizations of rural workers and, second, their participation in the economic and social development process of the country. The Committee also requests the Government to send information on the number of collective agreements in force in the rural sector and the number of workers covered.

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

The Committee takes note of the Government’s report.

In its previous direct request, the Committee asked the Government to indicate the measures taken to implement the Agreement on economic issues and the agrarian situation signed by the Government and the Guatemalan National Revolutionary Unit in 1996. The Committee notes in this connection that, according to the Government, the Urban and Rural Development Councils Act has been amended to extend the Councils’ functions and enable society, indigenous peoples and women’s organizations to participate more directly in decision-making. The Government also points out that the Local Development Councils (COLODES) have been reactivated, and that these, too, allow the rural population to participate in decision-making. Furthermore, a National Land Fund (FONTIERRAS) has been set up, as have a National Committee for Legal Assistance and the Settlement of Land Disputes (CONTIERRA), a Secretariat for Agrarian Affairs and a Prevention Unit for the Settlement of Disputes (UPRECO). However, the Government states that although there is greater certainty in law as to the ownership of lands, the above bodies are unable to make headway owing to a lack of funds. The Committee requests the Government to use all means available to secure implementation of the abovementioned Agreement.

The Committee also asked the Government to indicate the manner in which it has encouraged policies and reforms to facilitate the establishment of organizations of rural workers (Article 4 of the Convention). The Committee notes in this connection that, according to the Government, the Ministry of Labour and Social Welfare is preparing a national policy for the provision of free advice to workers wishing to form organizations, which will lead to implementation of a national policy for the defence and development of organizations. The abovementioned preparations have now reached the stage of training the staff of the General Labour Directorate of the metropolitan area and the regional directorates. The Committee requests the Government to continue to keep it informed of all specific measures taken in this regard.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the comments made by the Trade Union Confederation of Guatemala (UNSITRAGUA) on the application of the Convention, which were forwarded by the Government with its report.

The Committee thanks the Government for having sent the Agreement on socio-economic issues and the agrarian situation, concluded by the Government and the Guatemalan National Revolutionary Unit in 1996. The Committee notes that Part III of the Agreement covers the "agrarian situation and rural development". The Committee requests the Government to indicate the measures adopted up to now to give effect to the Agreement. The Committee also requests the Government to indicate the manner in which it has encouraged policies and reforms to facilitate the establishment of organizations of rural workers, since the Government’s report only contains general statements on this matter.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the comments made by the Trade Union Confederation of Guatemala (UNSITRAGUA) on the application of the Convention, which were forwarded by the Government with its report.

With reference to its previous comments, the Committee notes with satisfaction the repeal by Legislative Decree No. 18-2001 of 14 May 2001 of the prohibition of strikes or work stoppages by agricultural workers during harvests (section 243(a) of the Labour Code).

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report.

With reference to its comment on the prohibition of strikes or work stoppages by agricultural workers during harvests (sections 243(a) and 249 of the Labour Code), the Committee observes that the Government has not provided a response and it therefore refers to the comments it made in this respect in the context of Convention No. 87.

The Committee notes the statement by the Government that the Ministry of Labour and Social Security has promoted policies and reforms designed to facilitate the establishment of rural workers' trade union organizations. The Committee requests the Government to specify the type of policies and reforms undertaken, and to keep it informed of any activities or programmes conducted in this respect (Article 4 of the Convention).

Furthermore, the Committee requests the Government to forward a copy of the relevant extracts of the Agreement on Social and Economic Affairs and the Situation in Agriculture, signed by the Guatemalan National Revolutionary Unit (URNG) and the Government in 1996, as referred to in the report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its report.

With regard to the prohibition of strikes or work stoppages by agricultural workers during harvests, with a few exceptions (sections 243(a) and 249 of the Labour Code), the Committee notes the Government's reference to the damage that such strikes would cause to the national economy. The Committee refers to its comments in this respect in the context of Convention No. 87.

The Committee notes that, in accordance with section 206 of the Labour Code, there are two categories of rural workers, namely rural workers in agricultural and stock-raising enterprises and self-employed workers who work in agriculture or stock-raising. In this respect, the Committee notes the information supplied by the Government on the number of trade union organizations of rural workers in the country, including the approximate number of their members. The Committee also notes that organizations of rural workers can participate in the economic and social development of the country and requests the Government to provide information on the activities or programmes undertaken in this respect (Article 4).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee wishes to draw the Government's attention to the following:

- Section 211(a) and (b) of the Labour Code provides for strict supervision of trade union activities by the Government.

In this connection, the Committee points out that the principal objective of Convention No. 141 is to strengthen the role of rural workers' organizations in economic and social development and that government interference in trade union activities is contrary to the principles of freedom of association.

- Sections 243(a) and 249 of the Labour Code which, with a few exceptions, prohibit strikes or work stoppages by agricultural workers during harvests are contrary to the principles contained in the Convention, as the Committee has been pointing out for several years in connection with Convention No. 87.

The Committee hopes that the Government will adopt the necessary measures to bring the provisions mentioned above into line with the Convention and asks it to provide information on this matter in its next report.

The Committee would appreciate information on the principal rural workers' organizations that exist for the various categories covered by the Convention, with particulars of the approximate number of members (Articles 2 and 4 of the Convention), and the activities or programmes carried out in the country to enable these organizations to participate in economic and social development and in the benefits resulting therefrom (Article 4).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its first report on the Convention and wishes to draw its attention to the following:

- Section 211(a) and (b) of the Labour Code provides for strict supervision of trade union activities by the Government.

In this connection, the Committee points out that the principal objective of Convention No. 141 is to strengthen the role of rural workers' organizations in economic and social development and that government interference in trade union activities is contrary to the principles of freedom of association.

- Sections 243(a) and 249 of the Labour Code which, with a few exceptions, prohibit strikes or work stoppages by agricultural workers during harvests are contrary to the principles contained in the Convention, as the Committee has been pointing out for several years in connection with Convention No. 87.

The Committee hopes that the Government will adopt the necessary measures to bring the provisions mentioned above into line with the Convention and asks it to provide information on this matter in its next report.

The Committee would appreciate information on the principal rural workers' organizations that exist for the various categories covered by the Convention, with particulars of the approximate number of members (Articles 2 and 4 of the Convention), and the activities or programmes carried out in the country to enable these organizations to participate in economic and social development and in the benefits resulting therefrom (Article 4).